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

 

4 April 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, 11TH APRIL 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 AND PLANNING COMMITTEE MEETING HELD ON TUESDAY, 14TH MARCH, 2006.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                        

DEVELOPMENT APPLICATION REPORT – 45 MARKET STREET, RANDWICK

2

 

5.2                        

DEVELOPMENT APPLICATION REPORT – 28 PAINE STREET, MAROUBRA.

33

 

5.3                        

DEVELOPMENT APPLICATION REPORT - 6 MOORAMIE AVENUE, KENSINGTON.

39

 

5.4                        

DEVELOPMENT APPLICATION REPORT - 343-355 CLOVELLY ROAD, CLOVELLY.

62

 

 

 

5.5                        

DEVELOPMENT APPLICATION REPORT - 330 ANZAC PARADE, KENSINGTON.

144

 

5.6                        

DEVELOPMENT APPLICATION REPORT - 30 BURKE STREET, CHIFLEY.

172

 

5.7                        

DEVELOPMENT APPLICATION REPORT - 3 BYRNE CRESCENT, MAROUBRA.

207

 

 

6           Miscellaneous

 

6.1                        

DIRECTOR, CITY PLANNING REPORT 22/2006 - MATRAVILLE TOWN CENTRE - DRAFT DCP AND DRAFT LEP (AMENDMENT NO. 37) AND DRAFT PUBLIC DOMAIN STRATEGY.

225

 

6.2                        

DIRECTOR, CITY PLANNING REPORT 23/2006 - LOCAL GOVERNMENT HOUSING INITIATIVES PROGRAM - INNER EAST SYDNEY REGIONAL HOUSING STUDY.

242

 

6.3                        

DIRECTOR, CITY PLANNING REPORT 24/2006 - UPDATE ON WATER CONSERVATION INITIATIVES UNDERWAY THROUGH THE SUSTAINING OUR CITY PROGRAM.

254

 

6.4                        

DIRECTOR, CITY PLANNING REPORT 25/2006 - SUBMISSION ON THE PUBLIC EXHIBITION OF THE RECOMMENDATION FOR THE IDENTIFICATION OF CRITICAL HABITAT FOR THE EASTERN SUBURBS BANKSIA SCRUB.

257

 

 

7           General Business

 

8           Notice of Rescission Motions

 

 

 

 

……………………………………

GENERAL MANAGER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

15 February, 2006

FILE NO:

DA779/2005

 

PROPOSAL:

 Change of use from multi-unit housing to dwelling house, demolition of the rear garage and construct a new rear single storey garage and studio with high clerestory roof and alterations and additions to the dwelling including new rear extension with first floor deck and new front fence with driveway gate.

PROPERTY:

 45 Market Street, Randwick

WARD:

 North Ward

APPLICANT:

 Adam Sumegi

OWNER:

 Adam and Melanie Sumegi

 

 

 

 

 

 

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 proposed development includes the change of use from multi unit housing to a dwelling house, a new front fence, alterations and additions to the existing building at the front of the site and a new rear garage with attached studio. The adjoining properties to the north, north east and east are multi-unit buildings constructed during the 1960s to 1970s and the property to south features a two storey dwelling house.

 

The proposed addition to the existing multi-unit building would be located on the southern side of the site and comprises of a ground floor family room and a roof top deck. This proposed addition would have a side setback to the southern boundary of 900mm and an external wall height of 3.5 metres with a 1 metre high balustrade. The infill panelling for the balustrade will be translucent to allow sunlight to the private open space of the adjacent dwelling to the south. The southern and eastern sides of the proposed deck will include planter boxes that will reduce overlooking and soften the visual impact of the addition.

 

The proposed rear garage is located in the north east corner of the subject site with an attached studio aligned along the rear boundary and is single storey. The side and rear setbacks for the proposed garage and studio are 0.3m and 0.2m respectively. The proposed garage includes a clerestory roof feature that has a maximum height of 5.3 metres which is 1.7 metres higher than the ridge line of the existing garage on the subject site. The remainder of the rear addition has a maximum roof height of 3.5 metres.

 

The objections received during the first notification period generally related to the bulk and visual scale of the detached rear addition, the overlooking from the roof deck addition to the main building, and loss of solar access. The objections from the second notification period related to the loss of amenity created by the proposed rear addition and loss of privacy from the rear first floor deck.

 

The proposed development satisfies the maximum floor space ratio (FSR) and minimum landscaped area preferred solutions as provided in the Dwelling Houses and Attached Dual Occupancies Development Control Plan. The proposed development will not significantly increase the overshadowing to adjacent private open space.

 

The recommendation is for approval subject to conditions.

 

 

2.    THE PROPOSAL

 

The proposed development involves a change of use from multi-unit housing to a single dwelling house, construction of a new double car garage and single storey studio building at the rear of the site and refurbishment of the existing multi-unit building including a new family room with trafficable deck roof on the southern side of the lot. The applicant is seeking to use the site as a single dwelling house and terminate the existing strata scheme. A new tongue and groove timber driveway gate and brick front fence with timber infill panelling is also proposed.

 

The garage will facilitate two car parking spaces aligned end-to-end and a northern facing roof clerestory that will allow sun light access to provide natural illumination to the garage. The proposed studio is a single storey structure attached to the garage and comprises of a large studio room, storeroom, and a small combined toilet and laundry room.

 

The garage and studio structures will have 300mm side and rear boundary setbacks to the northern and eastern boundaries and a 1.1 metre side setback to the southern boundary. The new family room with trafficable deck roof will have a side setback to the southern boundary of 900mm.

 

The proposed development will require the removal of some vegetation from the rear of the site however substantial revegetation will occur along the southern and northern boundaries including a small courtyard in the south eastern corner of the lot. Notably the large eucalyptus tree on the northern boundary, which the owners have consent to remove under a previous development application, will be retained by this proposed development.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Market Street, approximately 50 metres north of the Clovelly Road, Gilderthorpe Avenue and Market Street intersection and about 260 metres south of the intersection of Market Street and Darley Road. The surrounding area forms part of the northern section of Randwick whose northern suburb boundary of Darley Road is also the local government area boundary with Waverly Council. The surrounding area comprises of a mix of multi unit residential buildings, semi-detached dwellings and detached residential dwellings.

 

The subject site is a regular shaped lot with a street frontage of 14.095 metres and a side boundary depth of 41.2 metres. The site currently features a 2 storey building that was strata subdivided into 2 units, whereby the ground floor and first floor constitute separate strata lots.

 

The site slopes slightly from the rear to the street frontage and features two relatively large palm specimens and a large eucalyptus tree along the northern boundary. The existing dwelling has a number of informal extensions and ad hoc additions to the rear of the building.

 

The site experiences a high degree of overlooking from the windows and balconies of the surrounding multi unit residential dwellings at No.32 Figtree Avenue, No.30 Figtree Avenue and No.41-43 Market Street.

 

4.    SITE HISTORY

Previous development on the site includes the subdivision certificate (SC/63/1980) approved on the 3rd of March 1981. This subdivision granted Council consent for the strata subdivision of existing dwelling and created separate dwellings on the ground and first floor.

 

An application for the removal of overhanging vegetation was approved 12 December 2002 (TA/967/2002).

 

A development application was approved on 18 August 2003 for the erection of a new brick and tiled roof double car space garage to the rear of premises (DA/647/2003). The garage included a south facing balcony and the attic space of the garage was to be accessed by a pull down ladder.

 

The development consent also granted approval for the removal of the large eucalyptus tree at the northern side of the site and an unidentified species at the rear of the site. No change to the existing strata subdivision was proposed.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

The following objections were received during the initial notification period from 3 October to 17 October 2005.

 

Mrs K. Andrew – 47 Market Street

 

-     Proposal is an overdevelopment of the site,

-     Proposed development will close her property “like a vault”,

-     Loss of sun light from southern extension and green roof,

-     Loss of privacy from southern extension and green roof.

 

Comments

 

-     The proposed development complies with the preferred FSR for the site,

-     The extension to the main building has maximum height below the DCP requirement of 7 metres for external wall height and translucent balustrade to allow light to reach the objector’s property,

-     Planter boxes will be erected along southern edge of elevated roof and balustrade with obscure glass installed.

 

Rob Wilson – 32 Figtree Avenue

 

-     Loss of sunlight access,

-     Loss of natural vegetation and visual amenity

 

Comment

 

-     Sunlight access will not be significantly reduced as objector’s site is located east of the subject site,

-     There will be no significant vegetation lost by the proposal. The application has been referred to Council’s landscape technician for comment.

 

Paula Isaousis – 7 Gilderthorpe Avenue

 

-     Reduction in sun light access to rear private open space,

-     Height of extension will have negative impact on amenity.

 

Comment

 

-     Sunlight access unlikely to be impacted as multi-dwelling units at No.47 Market St have higher ridgeline that proposed development, 

-     Reduction of rear addition to single storey will reduce the visual bulk of the proposed development,

 

Paula Mount – 9 Gilderthorpe Avenue

 

-     Loss of air flow,

-     Loss of sun light,

-     Considerable overshadowing,

-     Loss of privacy and potential noise increase.

 

Comment

 

-     The rear addition has been reduced to a single storey structure and will not have significant impact on air flow, sun light access and overshadowing,

-     No windows will provide overlooking into adjacent properties.

 

Marisa Pruscino – owner of 4/32 Figtree Avenue

 

-     Significant impact to visual amenity of immediate area,

-     Overshadowing of clothes drying area at rear of her property.

 

Comments

 

-     The rear addition clerestory will have a maximum height of 4.9 metres while the remaining addition will have a 3.4 metre height. These heights are considered not excessive for this type of development.

-     Proposal will not affect sunlight access from 9am to 12pm for the site.

 

Vince Connell and Angela Fehringer – Unit 2/32 Figtree Avenue

 

-     Loss of sun light access,

-     Loss of natural vegetation and visual amenity,

-     Proposed FSR exceeds maximum permitted for the site,

-     Landscaped area below minimum required,

 


Comment

 

-     Loss of sunlight will be minimal and the single storey portion of the rear detached addition does not have sufficient height to provide significant overshadowing to the objector’s private open space,

-     Proposal will result in the removal of a large palm to the rear of the site. However the large eucalyptus tree on the northern boundary will be retained and the proposed works include substantial revegetation of the site,

-     The proposed development does not exceed the 0.51:1 preferred FSR for the site,

-     The proposed development provides 44.5% of the site as permeable landscaped area.

 

The following objection was received during the notification period for amended plans from 16 January to 30 January 2006.

 

Vince Connell and Angela Fehringer – Unit 2/32 Figtree Avenue

 

-     Disputes use of similar height, bulk and boundary setbacks of previous garage approval as precedent for this application,

-     Proposed rear addition and clerestory will have a “major visual impediment” to the visual amenity of the immediate area,

-     Landscaped area does not comply with the provisions of the draft DCP which requires 50% of the site to be landscaped area,

-     There is a loss of natural vegetation from the site and proposal to remove major trees from the rear boundary will have a significant impact,

-     No other properties in the area have ancillary structures of the scale of the proposed development,

 

Comment

 

-     The proposed garage and studio development is single storey and will not have a significant impact on overshadowing or privacy loss to the rear property,

-     The proposed additions are single storey and not excessive in height,

-     The application provides landscaped area that complies with the DCP requirement to provide 40% landscaped area and 20% permeable landscaped area to soften the proposed structures and also meets the objectives of the Draft DCP – Dwelling Houses and Attached Dual Occupancies.

-     The proposed development will require the removal of mature palm trees located on the site. However, Council’s landscape technician considered that the palm trees are either not covered by Council’s tree preservation order, undesirable species or not significant specimens,

-     The proposed development will incorporate a suitable landscape plan to soften the appearance of the structures and provide a positive visual amenity to the surrounding area,

-     Although other sites in the surrounding area do not have ancillary structures of this scale, it is considered the proposed development is compatible in scale and visual bulk to the existing dwelling and the adjacent residential flat buildings. The proposed development will not be readily visible from the street or become a prominent visual element in the surrounding 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:-

 

Engineering and Landscape Comments

The following comments were provided on 20 October 2005 and relate to the original proposal received on 27 September 2005.

On Council’s nature strip, to the south of the existing vehicle crossing, there is one Tristanopsis laurina (Watergum) of only about 2 metres in height which appears in reasonable condition. This tree shall be retained, but will remain unaffected by the proposed works, and as such, conditions are not necessary and have not been included in this report.

There is one Plumeria acutifolia (Frangipani) of about 4 metres in height in the southwest corner of the site. This tree is too small to be covered by Council’s Tree Preservation Order, and as such, conditions have not been included in this report.

In the rear yard, along the northern boundary, there is one Corymbia maculata (Spotted Gum) of approximately 16 metres in height which appears in good condition, with a single, straight trunk and is covered by Council’s Tree Preservation Order.

This tree is considered to be a specimen of reasonable to high significance due largely to its size which provides a softening effect of the surrounding multi storey unit blocks, while also serving shading, screening and amenity functions and providing a valuable food and habitat source for native fauna in such an urban situation.

This tree is a pertinent example of Council’s responsibility to retain established canopy cover over the competing interest of land development wherever possible and appropriate; and as such, the Planning Officer is advised that Council’s Landscape Technician does not support this application in its current form as there is no legitimate reason to support its removal on the grounds of health or condition.

As there appears adequate room to accommodate the proposed works in an alternative location of the rear yard that will not necessitate removal of this tree, it is requested that a new/amended proposal be submitted showing a minimum setback of 3.5 metres from the outside edge of its trunk to any excavation/building works.

However, it must also be noted that the engineers report for the previous application, DA 647/2003, Memorandum dated 06th August 2003 , granted consent for the removal of this tree, subject to the planting of 1 x 75 litre sized replacement tree, to accommodate construction of a two storey double garage in the same location as the existing single garage.

Therefore, although not being Council’s preferred course of action, the applicant does have the option of removing this tree under the provisions of the previous consent.

Hard up against the northwest corner of the existing dwelling, there is one Syagrus romanzoffianum (Cocos Palm) of 8 metres in height. This species is no longer covered by Council’s revised Tree Preservation Order, and as such, consent is not required for its removal whether related to the proposed works or not.

There is one Phoenix canariensis (Canary Island Date Palm) in the rear yard, along the eastern boundary which appears to have grown from seed. This species is considered undesirable in the context of a suburban courtyard given its sharp and poisonous spines, and as such, Council would not object to its removal to accommodate the proposed works as shown.

Near the centre of the rear yard, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 6 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order. This is not a significant specimen, and as such, Council would not object to its removal to accommodate the proposed works.

 

Engineering and Landscape Comments

The following comments were provided on 20 February 2006 and relate to the amended proposal received on 11 February 2006.

Landscaping Comments

Full landscaping comments and conditions in relation to the submitted amended plans will be forwarded to the Planning Officer upon return of the Landscape Development Officer.

 

Traffic / Civil Works Comments

Concerns are raised regarding the apparent inconsistency between the various submitted plans and documentation in regard to the existing external staircase on the northern side of the structure.

 

The applicant shall be requested to clarify (and amend plans where necessary) as to whether it is proposed to remove the existing external staircase within the current development application. Should the applicant propose to retain the staircase, it is noted that the driveway would be below the minimum domestic driveway width specified in AS2890.1:2004 and as such the proposed rear garage could not be supported.

 

The amended proposed development will remove the northern external staircase from the plans. The responsible officer confirmed this with the development engineer and no thus the comment does not apply. No further engineering comments required.

Final Landscape Comments

 

The following comments were provided on 8 March 2006 and relate to the amended proposal received on 11 February 2006.

On Council’s Market Street nature strip, to the south of the existing vehicle crossing, there is one Tristanopsis laurina (Watergum) of only about 2 metres in height which appears in reasonable condition. This tree shall be retained as it would remain unaffected by the proposed works, with conditions not necessary.

There is one Plumeria acutifolia (Frangipani) of about 4 metres in height in the southwest corner of the site. This tree is too small to be covered by Council’s Tree Preservation Order, and as such, conditions have not been included in this report.

Hard up against the northwest corner of the existing dwelling, there is one Syagrus romanzoffianum (Cocos Palm) of 8 metres in height. This species is no longer covered by Council’s revised Tree Preservation Order, and shall be removed in order to accommodate the proposed works as shown, with appropriate planting to be provided in its place.

There is one Phoenix canariensis (Canary Island Date Palm) in the rear yard, along the eastern boundary which appears to have grown from seed. This species is considered undesirable in the context of a suburban courtyard given its sharp and poisonous spines, and as such, will need to be removed as part of the proposed works.

Near the centre of the rear yard, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 6 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order. This is not a significant specimen, and as such, Council would not object to its removal to accommodate the works as shown.

In the rear yard, along the northern boundary, there is one Corymbia maculata (Spotted Gum) of approximately 16 metres in height which appears in good condition, with a single, straight trunk and is covered by Council’s Tree Preservation Order.

This tree is a pertinent example of Council’s responsibility to retain established canopy cover over the competing interest of land development wherever possible and appropriate, and as it is deemed to be a specimen of reasonable to high significance which is worthy of retention, the applicant will need to comply with Council’s requirements to ensure it remains a positive site element into the future.

The applicant was previously advised that Council’s Landscape Development Officer would not support the application in its original form, and therefore, it was recommended that amended plans be submitted showing a minimum setback of 3.5 metres from the outside edge of its trunk to any excavation/building works.

Amended plans have now been submitted showing a setback of only 2 metres, which could not be supported as Council’s revised Tree Preservation Order allows any trees (other than in heritage areas) which are located 2 metres from any part of a dwelling to be removed without consent, which is what needs to be avoided in this situation.

It is understood the applicant has verbally agreed to set back the garage a further 1.5 metres (to achieve the required 3.5 metre setback), by way of a deferred commencement condition, which has been included in this report together with relevant landscape and tree protection conditions.

The planning officer should determine whether amended plans showing the changes to the garage are required prior to the issuing of development approval.

Should the application be approved prior to amended plans showing the garage being set back 3.5 metres from the tree, the following deferred commencement condition shall be complied with prior to the consent becoming operational:

·    Prior to this consent becoming operational, the applicant shall submit amended plans showing the garage structure being setback a minimum of 3.50 metres from the outside edge of the trunk of the Corymbia maculata (Spotted Gum).

 

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

 

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

 

7.2       Clause 46 - Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

 

When determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a known or potential archaeological site, the Council must take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or known or potential archaeological site and on its setting.

 

The purpose of this clause is to widen the consideration of heritage issues to development of land in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites.

 

The Randwick LEP 1998 heritage listed site “Hooper Cottage” circa 1848 at 17 Gilderthope Avenue is located 35 metres south east of the subject site. There is however unlikely to be any significant visual impact or adverse impact to the heritage conservation values of Hooper Cottage as the existing multi unit dwellings at No.32 Fig Tree Avenue and No.11-13 and No.15 Gilderthope Avenue provide a significant visual barrier towards the subject site.

 

The proposed development will be partially visible from the rear private open space of Hooper Cottage however it is not considered to form a significant visual element of the view westward.

 

7.3  Policy Controls

a.    Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP)

 

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.

44.5% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 120 sqm. Complies.

S1

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

The above area has dimensions of 10 x 9 metres and 7.5 x 4 metres. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

40% of the site is permeable. Complies.

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

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

It is noted that Council’s landscape technician does not support the proposed location of the garage due to the potential damage it may have to the large eucalyptus tree on the site. However, an increase in the setback of the garage will ensure the retention and ongoing health of the tree. As such a deferred commencement condition has been included with the consent that will require the garage to be setback 3.5 metres from the trunk of the tree.

It is considered the proposed landscaping for the site will be integrated with the proposed structures and will soften the appearance of the development to the adjacent neighbours. The proposed private open space will have no significant adverse impact to the amenity of adjacent private open space or surrounding properties.

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.51:1 applies. 

The proposed FSR is 0.42:1. Complies.

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

The proposed additions to the existing dwelling and to the rear of the site will not have a noticeable impact to the streetscape. The additions to the existing dwelling and to the rear of the site are single storey and do not add significantly to the visual bulk of the building and will have minimal visual amenity impact to the adjacent neighbours.

It is considered the proposal satisfies the FSR performance requirements of the DCP and will not have a adverse visual impact to the surrounding area. The additions are considered suitable for the site.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed garage has a maximum external wall height of 5.2 metres to the ridge line of the clerestory. The addition to the existing multi-unit housing building will have a maximum external wall height of 4.6 metres. Complies.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Some excavation will be required within 300mm of the rear boundary due to the proposed side setback of the rear addition.

S3

No excavation within 4m of a rear boundary.

Some excavation will be required within 300mm of the rear boundary due to the proposed rear setback of the rear addition.

S4

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

Not applicable.

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

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

While the proposed southern extension of the existing multi-unit building will have an external wall height that is consistent with the preferred solution maximum wall height the addition of the balustrade will result in a total height that is 4.7 metres. The infill panelling for the proposed balustrade will be a translucent material that is considered to have less visual impact than a solid structure such as brick or timber clad wall.

The balustrade structure will be light weight and a visually recessive feature of the proposed family room extension, furthermore the mass and proportion is consistent with the existing dwelling and presents a built form that has a greater rear setback than the existing structure on this side of the site.

The maximum parapet height of the proposed rear garage and studio, excluding the clerestory roof feature, will be 100mm higher than the ridge line of the existing garage on the subject site. The proposed garage and studio is considered to be a modest built form that will not dominate the rear private area of surrounding dwellings. The impact on visual amenity to the surrounding neighbours as a result of the rear garage and studio development will be minimal.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Not applicable.

S2

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

The proposed rear detached addition is 0.2 from the rear boundary. Does not comply – see assessment below.

S3

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

The proposed rear detached garage/addition is set back 0.3 metres from the side boundaries. Does not comply – see assessment below.

S3

Side setbacks be 1.5m at second floor level.

Not applicable.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The proposed garage and attached studio rooms to the rear of the site have a rear setback less than the preferred solution as prescribed in the DCP and is located 1m closer to the rear boundary than the existing garage. The proposed rear garage will feature a clerestory feature that will have a maximum height of 5.3 metres which is 1.7 metres higher than the existing garage on the site, however this increase in height is considered to have minimal impact on overshadowing as a majority of overshadowing will be to the rear private open space of the subject site.

The surrounding area does not have a dominant rear setback or a consistent rear building line that could be adopted by this development. The adjacent residential development along this side of Market Street includes multi-unit residential dwellings to the north and a single residential dwelling sited on a smaller regular shaped lot to the south. The rear setback for the multi-unit dwellings to the north of the subject site varies from approximately 1 metre to 8.5 metres.

The dwelling to the south has a rear boundary setback of about 6.6 metres. The subject site features an existing garage with a 1.1 metre rear setback and the adjoining property to the east has a garage with a rear setback of approximately 1 metre.

It should be noted that the previous development application approved for the subject site for a double car garage adopted a rear and side setback of 100mm and 200mm respectively. These side setbacks have been slightly increased by the current development application and it is considered that the visual impact will be less than the previous approved garage.

The potential impact on visual amenity and overshadowing is considered to be minimal as the additions will be single storey and the clerestory roof feature is setback from the northern boundary by 2.3 metres.

It is considered the setbacks for the proposed development are consistent with the performance requirements of the DCP and will not have a significant impact to the amenity of adjacent neighbours.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

S1

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

The first floor rear decks will overlook the rear yard areas of the adjoining properties. Does not comply – see assessment below.

S1

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

All additional windows to the site will be to the ground floor and there sill height levels will have no impact to privacy. Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

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

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

The proposed rear deck attached to the existing multi-unit building will provide an opportunity to overlook into the rear private open space of dwellings to the south and south east. The proposed magnolia grandiflora trees to be planted along the southern boundary on the subject site will provide some privacy screening and reduce the potential overlooking to the south eastern neighbours.

The proposed 600mm wide planter boxes to the southern and eastern sides of the proposed deck will provide additional visual screening and ensure the appearance of the deck is softened by vegetation. The proposed privacy screen to the southern side of the deck will reduce overlooking to the south significantly and the solid translucent screening material will provide some acoustic privacy.

The proposed first floor rear deck to the main bedroom will have minimal overlooking into adjacent private open space and is considered to have no significant adverse impact on privacy of neighbouring properties.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

The dimensions of the parking spaces are 5.2 x 2.5 metres. Does not comply – see assessment below

S1

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

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

S1

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

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

S1

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

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

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

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

S2

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

The proposed garage occupies about 21% of the width of the site frontage. Complies.

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

The proposed garage will have adequate space to accommodate two vehicles, however as the combined car parking spaces will be 300mm less than the DCP preferred solution


manoeuvrability into those spaces may be constrained. The proposed driveway will be approximately 30 metres in length and will provide substantial car parking space for any additional vehicles.

The proposed development will maintain the location of the existing driveway and garage and will not result in a significant adverse impact to the surrounding area.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

The proposed front fence has a maximum height of 2.2 metres.  Appropriate conditions will be imposed to ensure that the infill panels are at least 50% open and that the maximum height of the fence is 1.8 metres. Complies.

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

The proposed front fence will have a maximum height that exceeds the preferred solution by 400mm. Generally the design of the fence is suitable for the site and will be compatible with the dominant streetscape. To address the height of the front fence, a condition has been included that imposes a maximum height of 1.8 metres and infill panelling that is 50% open to ensure the front fence does not dominate the front of the site and integrates with the dwelling.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

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

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The proposed additions to the existing multi-unit building are of compatible scale with the existing building and the rear detached addition will not have an adverse visual impact to the adjacent neighbours. The proposed landscaped areas will soften the appearance of the development and will provide some screening to reduce potential overlooking into surrounding properties. Although some side and rear setbacks do not satisfy the preferred solution in the DCP, it is considered the overall siting of proposed structures and additions will not have a significant detrimental impact on the amenity of surrounding residents.  The proposed development will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

The application is therefore recommended for approval.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to Development Application No.779/2005 for change of use from multi-unit housing to a dwelling house, demolition of the rear garage and construct a new rear single storey garage and studio with high clerestory roof and alterations and additions including new rear


extension with first floor deck and new front fence with driveway gate at 45 Market Street, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

The consent shall not operate until the applicant satisfies Council as to the following matters, to the satisfaction of the Director of City Planning:-

 

1.         Amended plans shall be submitted that setback the proposed garage a minimum of 3.50 metres from the outside edge of the trunk of the Corymbia maculata (Spotted Gum).

 

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

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered DA05D, DA06D, DA09D, DA12D and DA13D dated 7 February 2006 and received by Council on 10 February 2006, and DA10B dated 10 January 2006 and received by Council on 17 February 2006, the application form and on any supporting information received with the application, except as may be amended by the details approved pursuant to the deferred commencement condition and the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.         The external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

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

 

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

 


6.         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.

 

7.         The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape. Details of compliance are to be provided in the construction certificate plans.

 

8.         The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                                  

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

 

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

 

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

 


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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.       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.

 

27.       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.

 


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

 

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

 

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

           

30.       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.

 

31.       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.

 

32.       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.

 

33.       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

 

34.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 


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

 

38.       The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·       WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·       Australian Standard 2601 (2001) – Demolition of Structures

·       The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·       Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

39.       A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·       The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·       Details of hazardous materials, including asbestos

·       Method/s of demolition and removal of asbestos

·       Measures and processes to be implemented to ensure the health & safety of workers and community

·       Measures to be implemented to minimise any airborne asbestos and dust

·       Methods and location of disposal of any asbestos or other hazardous materials

·       Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·       Date the demolition and removal of asbestos will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

40.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

41.       On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

42.       Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

43.       A Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

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

 

44.       Prior to the issue of an occupation certificate, the applicant must meet the full cost for Council or a Council approved contractor to:

 

1.   Reconstruct the concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site;

 

2.   Reconstruct any damaged sections of the concrete footpath along the full site frontage (Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification); and

 

3.   Reconstruct any damaged sections of the kerb and gutter along the full site frontage.

 

45.       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.

 

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

 

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

 

47.       The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall:

 

·    Match the back of the existing footpath along the full site frontage.

 

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.

 

48.       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.

 

49.       The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

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

 

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

 

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


works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Management

 

52.       Approval is granted for the removal of the following trees subject to the planting of 3 x 25 litre (pot size) broad canopied replacement trees (not palms) suitably located in the rear yard of the site. The species selected shall be those which will attain a minimum height of between 4-7 metres at maturity.

 

1.   One Syagrus romanzoffianum (Cocos Palm) hard up against the northwest corner of the existing dwelling,

2.   One Phoenix canariensis (Canary Island Date Palm) in the rear yard, along the eastern boundary,

3.   One Archontophoenix cunninghamiana (Bangalow Palm) near the centre of the rear yard.

 

Tree Protection Measures

 

53.       In order to ensure the retention of the Corymbia maculata (Spotted Gum) in the rear yard, along the northern boundary in good health, the following measures are to be undertaken:

 

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

 

b.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any stormwater or drainage works within a radius of 3.50 metres from the outside edge of its trunk.

 

c.         Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show that any section of driveway which passes within a distance of 3.50 metres from the outside edge of the trunk of the Corymbia maculata (Spotted Gum) shall be constructed using a porous/permeable material in order to maintain sufficient air and moisture exchange to the rootzone. Details demonstrating compliance with this condition shall be shown on the plans submitted for the construction certificate, to the satisfaction of the certifying authority.

 

d.         The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which is to be located a minimum distance of 2.5 metres off the western, southern and eastern sides of its trunk to completely enclose the tree.

 

This fencing shall include signage which clearly displays the wording: “TREE PROTECTION ZONE", "DO NOT ENTER", and is to be installed prior to the commencement of demolition and construction works and shall remain in place until all works (excluding works associated with the permeable driveway within the tree protection zone) are completed.

 

e.         Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

f.          Any excavations required for footings, structures, paving etc within 4 metres of the tree trunk shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with any roots needing to be cut to be done using hand held pruning tools, with the area to be backfilled as soon as practically possible.

 

g.         The installation of either Eucalyptus leaf mulch or woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point d.

Advisory Conditions

 

A1       Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A2       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 March, 2006

FILE NO:

DA/926/2005

 

PROPOSAL:

 Section 82A Review of the determination to refuse the proposed carport at the front of the dwelling.

PROPERTY:

 28 Paine Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 S & J Taylor

OWNERS:

 Ms J M Lowlett & Mr S R Taylor

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health Building and Planning Committee Meeting at the request of Councillors Bastic, Andrews and Sullivan.

 

The original Development Application for the erection of a new carport over the existing hardstand car space to the front of the dwelling was refused under delegated authority on 16 January 2006 for the following reasons:

 

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

 

2.     The proposed carport will not comply with the preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the carport structure will occupy more than 35% of the width of the site.

 

3.     The proposed carport would not be in the public interest in that it would set a further poor precedent of structures sited in front of dwellings and close to the front boundary.”

 

The subject application constitutes a request under Section 82A of the Environmental Planning and Assessment Act, 1979 (as amended) to review the original decision to refuse development consent to the original development application. The original proposal remains unaltered.

 

The subject site is located in a Residential 2A zone and is on the northern side of Paine Street between Wild and Hinkler Streets, Maroubra and is presently occupied by an existing single storey semi-detached dwelling with an existing hardstand car parking area at the front of the site. The site has a frontage width of 6.385m, a side boundary depth of 45.72m and has an overall site area of 292m². Neighbouring the property to the east is the other half of the semi-detached dwelling, to the west is a pair of single storey semi-detached dwellings and to the rear is the rear yard of a single storey dwelling fronting Maroubra Road. The surrounding area is residential in nature and contains a mixture of one and two storey semi-detached and free standing dwellings.

 

There are a number of carport structures at the front of the dwellings in Paine Street between Wild and Hannan Streets. However, these carports were approved prior to the adoption of the current Development Control Plan for Dwelling Houses and Attached Dual Occupancies. It should be noted that a recent development application for a carport to the front of the semi-detached dwelling at 146 Paine Street was refused under delegated authority in September 2005 (DA/605/2005).

 

The proposed development fails to comply with the relevant objectives, performance requirements and preferred solutions of Part 4.7 Garages, Carports and Driveways of the Development Control Plan for Dwelling Houses and Attached Dual Occupancies in that the proposed carport will occupy 50% of the width of the site which will result in a visually obtrusive structure in the streetscape and will detract from the visual appearance and symmetrical relationship of the pair of semi-detached dwelling and will set a poor precedent.

 

It is recommended that Council’s original determination be confirmed. 

 

2.    THE REVIEW

 

The subject application for a review of the determination of the Development Application No. 929/2005 is made under Section 82A of the Environmental Planning and Assessment Act 1979, as amended. No amendments to the original application are proposed.

 

The original proposal sought to erect a timber frame tile roof carport above the existing hardstand car space to the front of the dwelling sited up to the side and front boundaries. The proposed carport has dimensions of 2.8m x 5.1m.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Paine Street between Wild and Hinkler Streets in Maroubra and is presently occupied by an existing single storey semi-detached dwelling with an existing hardstand car parking area at the front of the site. 

 

The site has a frontage width of 6.385m, a side boundary depth of 45.72m and has an overall site area of 292m². Neighbouring the property to the east is the other half of the semi-detached dwelling, to the west is a pair of single storey semi-detached dwellings and to the rear is the rear yard of a single storey dwelling fronting Maroubra Road. The surrounding area is residential in nature and contains a mixture of one and two storey semi-detached and free standing dwellings.

 

There are a number of carport structures at the front of the dwellings in the section of Paine Street between Wild and Hannan Streets. The majority of these carports are constructed of flat roof and timber post. The only carport with gable roof is located at No. 62 Paine Street. Notwithstanding, these carports were approved prior to the introduction of the current Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

4.    APPLICATION HISTORY

 

The original proposal was assessed and the application refused under delegate authority on 16 January 2006 for the following reasons:

 

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

 

2.   The proposed carport will not comply with the preferred solutions of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the carport structure will occupy more than 35% of the width of the site.

 

3.   The proposed carport would not be in the public interest in that it would set a further poor precedent of structures sited in front of dwellings and close to the front boundary.”

 

5.    COMMUNITY CONSULTATION:

 

The owners of the adjoining properties were not notified of the Section 82A Review application as there were no objections to the original proposal.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application for the Section 82A review has not been referred to the relevant technical officers, as the original comments remain applicable. The following comments were received with the original application:

 

6.1       DEVELOPMENT ENGINEER

 

The application was referred to the Development Engineer for comment. No objections were raised subject to appropriate nominated conditions being included with any approval.  The following comments were made:

 

“Landscape Comments

 

There are no existing trees, (covered by Council's Tree Preservation Order), that will be affected by this proposal.”

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-       Environmental Planning and Assessment Act 1979 (as amended)

-       Randwick Local Environmental Plan 1998

-       Development Control Plan - Dwelling Houses and Attached Dual Occupancies

-       Building Code of Australia

 

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

      

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

 

 

Garages & Driveways

 

 

Preferred Solution

Assessment

S1

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

There is an existing car space to the front of the dwelling which has dimensions of 5.1m x 2.8m.

S1

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

Existing.

S1

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

Existing.

S1

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

Existing.

S2

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

The proposed carport is located in front of the building line. 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 carport occupies 50% 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.

 

In considering the relevant objective and performance requirements of the DCP, the carport will considerably reduce the contribution the building is able to make in the streetscape by obscuring almost half of the front of the dwelling and detract from the symmetrical appearance of the adjoining semi-detached dwelling at 30 Paine Street. In addition, due to the design and siting of the carport, the proposal will result in a visually obtrusive structure in the streetscape.

 

The applicant has advised that there are other similar carport structures in Paine Street. However, these structures were approved prior to the adoption of the current controls that place more weight on the visual qualities of the streetscape. Further, these structures clearly dominate the front of those dwellings and serve as examples of the adverse impacts that this type of development has on the streetscape and the appearance of the pair of semi-detached dwellings. It should be also noted that a recent development application for a carport to the front of the dwelling at No. 146 Paine Street was refused under delegated authority in September 2005 (DA/605/2005).

 

For these reasons, it is considered that proposed carport should not be supported.

 

9.    CONCLUSION

 

The proposal does not comply with the relevant assessment criteria and the objectives, performance requirements and preferred solutions of Part 4.7 of the DCP for Dwelling Houses and Attached Dual Occupancies in that it will detract from the visual appearance of the dwelling and the symmetrical relationship of the pair of semi-detached dwelling houses and will adversely affect the character of the streetscape and will set a poor precedent.

 

The proposal is not considered to be an acceptable form of development and should not be supported. It is recommended that Council’s original determination of Development Consent No. 926/2005 be confirmed.

 

RECOMMENDATION:

 

That Council’s original determination of Development Application No. 926/2005, dated 16 January 2006 for the erection of a new front carport at 28 Paine Street, Maroubra, be confirmed.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 March, 2006

FILE NO:

DA937/2005

 

PROPOSAL:

 New two storey rear addition to an existing dwelling house including new balcony on the first floor level.

PROPERTY:

 6 Mooramie Avenue, Kensington

WARD:

 West Ward

APPLICANT:

 Niki Ward

OWNER:

 Mr Craig Thompson and Mrs Maria Thompson

 

 

 

 

 

 

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 development application is seeking approval to construct a rear two storey addition to the existing single storey dwelling. The proposal also includes alterations to the rear of the existing dwelling which will not be readily visible from the street. The proposed two storey addition will maintain the setbacks of the existing dwelling which will result in the southern side boundary being setback 1 metre for both the ground and first floors. The existing laundry will be extended 1700mm parallel from the boundary with a 280mm setback. This setback is consistent with the existing laundry setback.

 

The proposed development exceeds the preferred solution Floor Space Ratio (FSR) as stipulated in the Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP) by 17.9 sqm however the massing and visual bulk of the development is not excessive, and coupled with a maximum height of 6.45 metres, will not have a significant visual impact to the surrounding properties or detract from the amenity of the rear private open spaces of adjacent dwellings.

 

There will be a minimal increase in overshadowing to the surrounding private open space and there will be no significant increase to overshadowing of internal rooms of adjacent dwellings.

 

The rear first floor balcony is recessed within the building and features privacy screens to the northern and southern sides and a solid timber panel balustrade. Overlooking to adjacent properties will be minimal and the proposed balcony is consistent with other rear balconies from properties along Cottenham Avenue and Mooramie Avenue.

 

Several objections from surrounding neighbours on Cottenham Avenue and Mooramie Avenue were received. The main objections related to privacy loss, visual amenity impacts and the proposed development’s impact to the perceived heritage significance of the existing dwelling.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development is seeking approval to undertake alterations to the existing dwelling and to construct a two storey rear addition attached to the existing dwelling The proposal includes alterations to the ground floor of the dwelling and an increase in the size of the existing laundry.

 

The two storey addition is of a contemporary design that features a flat roof, significant glazing to the northern and western elevations and a recessed balcony to the rear. A planter box is proposed to the southern elevation above the proposed laundry addition.

 

No alteration to the site’s existing car parking or fencing is proposed.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Mooramie Avenue, Kensington and is presently occupied by a single storey dwelling.  The site is regular in shape, has a frontage width of 14.02m, a side boundary depth of 42.725 m and has an overall site area of 598.1m².  Neighbouring the property to the north is a single storey dwelling, to the south is a single storey dwelling and to the rear is a double storey dwelling.

 

The surrounding area is residential in character and consists predominantly of residential dwellings. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and surrounding area

 

4.    SITE HISTORY

 

a.    HISTORY OF SITE USEAGE

 

Previous applications for the site include:

 

Application No.

Description

Determination

BA/846/1985

Alteration and additions to rear

Approved, 1985

BA/41/1988

Additions to existing dwelling

Approved, 23 Feb 1988

BA/488/1989

Carport

Approved, 22 May 1989

BA/488/1989/A

Picket fence

Approved, 16 Feb 1990

BA/527/1994

Alteration and additions to dwelling

Approved, 24 Jun 1994

BA/924/1994

Alteration and additions to dwelling

Approved, 20 Nov 1994

CDC/178/2003

Inground swimming pool

Approved, 15 Aug 2003

 

b.    APPLICATION HISTORY

 

Amended plans were requested on 28 December 2005 to address the main concerns of overlooking from the rear and northern elevations and the bulk of the southern elevation. Amended plans were received on 12 January 2006 and the surrounding properties were renotified from 25 January to 8 February 2006. An email was sent on 22 February 2006 requesting additional detail to the plan such as greater detail to the louvres to the rear bathroom window and denoting the roof material as being dull and non-reflective. The final set of amended plans were received on 6 March 2006, and did not warrant renotification given the minor amendments.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

The following objections were received during the initial notification period from 17 November 2005 to 1 December 2005.

 

D Thian – 5 Cottenham Ave

 

-     Insufficient detail provided in the plans to allow for assessing potential impact of development,

-     Proposed first floor rear-facing bathroom window will have an adverse impact to privacy.

 

Comment

 

-     Amended plans have subsequently been submitted with additional information such as detail regarding louvres, material of balcony balustrade panelling and roof material,

-     The first floor rear bathroom window will have fixed external louvre installed and condition included requiring the window to be frosted or obscure glass.

 

D Hinds and P Homersham – 8 Mooramie Avenue

 

-     Proposal will have significant overshadowing to living, kitchen/dining and rear private open space,

-     Overlooking into objector’s private open space from proposed first floor balcony,

-     Southern facing wall is blank, featureless and has negative visual amenity,

-     Proposal is not sympathetic to the Federation heritage architectural style prevalent in the street and of the site.

 

Comment

 

-     The proposed development will not significantly increase overshadowing to the southern property,

-     The first floor balcony is located off a bedroom and not a living area and is not considered to provide substantial overlooking opportunities due to the proposed bathroom on the southern side restricting sight lines,

-     Southern facing wall near laundry has elevated garden to soften visual impact of extension,

-     The proposed development is to the rear of the site, will not become a prominent visual element to the streetscape and will have a minimal visual presence similar to the rear two storey addition at No.2 Mooramie Avenue.

 

3 Cottenham Ave – Mr and Mrs Moore

 

-     The first floor windows to the western boundary will provide overlooking into their property and rear private open space,

-     Request that fixed privacy screen is placed to the proposed first floor balcony and balcony balustrade is a opaque material,

-     Proposed first floor rear-facing bathroom window will have an adverse impact to privacy,

-     Concerned roof material will reflect sunlight into their dwelling,

-     Concerned of significant acoustic impact from air conditioning units,

-     The proposed development will have an adverse impact to the heritage conservation values of the area.

 

Comment

 

-     Fixed external louvres are to be installed to northern and western facing windows,

-     Privacy screen is not considered suitable for the western elevation of balcony. Privacy screens are already proposed to northern and southern side of balcony,

-     The first floor rear bathroom window will have fixed external louvre installed and condition included requiring the window to be frosted or obscure glass,

-     Roof material denoted on plans as being non-reflective,

-     No air-conditioning units proposed,

-     The proposed development is to the rear of the site, will not become a prominent visual element to the streetscape and will have a minimal visual presence similar to the rear two storey addition at No.2 Mooramie Avenue.

 

The following objection was received on 3 January 2006, which was outside the formal notification period.

 

D Hinds and P Homersham – 8 Mooramie Avenue

 

-     The proposed laundry will extend the existing side setback of the laundry in a manner which will impact the objector’s visual amenity.

 

Comment

 

-     Extension of wall will be 1770mm which is below the main roof line of the extension and will not add significant bulk to the dwelling.

 

The following objections were received during the second notification period from 25 January to 8 February 2006.

 

D Thian – 5 Cottenham Avenue

 

-     Concerned that the proposed fixed external louvres will not significant reduce overlooking from the first floor rear bathroom window,

-     Request that a condition be included that ensures the rear first floor bathroom window be made translucent/frosted.

 

Comment

 

-     The proposed louvres will significantly reduce overlooking into and out of the first floor bathroom. A condition has also been included requiring the window to be frosted or obscure glass.

 

D Hinds and P Homersham – 8 Mooramie Avenue

 

-     Extension of laundry wall will have an adverse impact to view to sky and some sunlight to objectors dwelling.

 

Comment

 

-     The objector’s property is located 3 metres from the proposed laundry wall extension and is below the maximum external wall height of the rear extension, and as such the visual impact will be minimal.

 

Mr and Mrs Moore – 3 Cottenham Avenue

 

-     Clear glass balcony doors will be directly visible from within the objector’s property,

-     Proposed first floor bathroom window is not denoted as being frosted or translucent,

-     Roof material may reflect sunlight into the objector’s dwelling,

-     Plans do not address position of air conditioning units which may have acoustic impact to objector’s property,

-     The proposed development will have an adverse impact to the heritage conservation values of the area.

 

Comment

           

-     The first floor balcony is located off a bedroom and not a living area and is not considered to provide substantial overlooking opportunities due to the proposed bathroom on the southern side restricting sight lines,

-     Condition included requiring first floor bathroom window to be frosted,

-     Roof material denoted on plans as being non-reflective,

-     No air-conditioning units proposed,

-     Development is to the rear of the site and will not have prominent visual impact to the streetscape and is similar to other developments in the street.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)   Randwick Local Environmental Plan 1998

 

The site is zoned 2A (Residential A Zone) 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   Dwelling Houses and Attached Dual Occupancy Development Control Plan

 

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

Landscaping

 

Preferred Solution

Assessment

S1

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

48% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 65 sqm. Complies.

S1

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

The above area has dimensions of 10 x 6.5 metres. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

22 % of the site is permeable. Complies.

 


Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.5:1 applies. 

The proposed FSR is 0.53:1. Does not comply – see assessment below.

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

The proposed development exceeds the maximum preferred Floor Space Ratio (FSR) for the site by 17.9sqm. The development is sited to the rear of the existing single storey dwelling and maximum height of the addition will be below the ridgeline of the existing dwelling. There will be some portion of the development visible from the street; however it is considered the visual impact of the development to the streetscape will be minimal. The existing dwelling will maintain its visual primacy to the streetscape and the delineation between the proposed addition and the existing dwelling will be clearly defined.

The proposed rear additions are compatible in visual bulk and scale to a similar development approved in 2004 at 2 Mooramie Avenue, where the existing Federation dwelling was retained and a new addition constructed to the rear.

The proposed additions do add to the visual bulk of the existing dwelling and will be noticeable element to the rear private open spaces of surrounding properties. However, the additions are not considered to be excessive in height or visual bulk and are compatible with the scale of the existing dwelling. It is also noted that the proposal does not reduce the rear boundary setback of the existing dwelling. It is considered therefore that the proposal meets the objectives and performance requirements of the DCP.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.45 metres. Complies.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Some excavation may be required for proposed extension to the ground floor laundry located 280mm from the side boundary. Does not comply – see assessment below.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

The entire southern elevation of the proposed dwelling is 1 metre from the southern side boundary at first floor level however is 10 metres in length. Complies.

S5

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

Not applicable.

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

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

The proposed extension of the existing laundry wall may require excavation that will be less than the preferred solution of 900mm setback from the boundary. Potential impact to the adjacent property regarding excavation is considered to be minimal as the proposed extension is a relatively small 1770mm. Excavation work is also likely to be minor so as to preserve the structural integrity of the existing laundry and dwelling.

Generally the proposal has a built form that does not dominate the site. The proposed addition has a total height of 6.45 metres and is situated below the ridge line of the existing building. The mass and proportion of the addition will be sympathetic to the existing dwelling as it incorporates a subdued architectural style that respects the Federation facade style of the existing dwelling. The relatively simple form of the addition allows the building style and roof form of the existing dwelling to remain the dominant feature of the site and does not compete with its architectural qualities.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Not applicable.

S2

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

The proposed dwelling is 13.75 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 0.9 metres from the side boundaries except for a section of the laundry that will be 280mm from the side boundary. Does not comply – see assessment below.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1 metre and 1.9 metres from the southern and northern side boundaries respectively. Does not comply – see assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The proposed extension of the existing laundry will include a new 1770mm segment of wall that will be setback from the southern side boundary by 280mm. While the proposed addition will be inconsistent with the preferred solution, it is considered there will be minimal visual impact given the height of the laundry addition, being 3.9 metres, will be below the height of the first floor addition. It should be noted that the adjacent building at No.8 Mooramie Avenue is located 3 metres from the proposed laundry addition and a driveway separates the two dwellings. 

The proposed first floor southern side boundary setback will be 500mm less than the preferred solution. However, increasing the side setback to 1.5 metres is unlikely to improve solar access to the two north facing windows at No.8 Mooramie Avenue. Due to the low angle of the winter sun an increase in side setback to 1.5 metres will likely reduce shadows cast to the roof area of No.8 Mooramie Avenue and not improve solar access to the living areas of the dwelling

In this regard the proposed side setbacks are considered satisfactory.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

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

S1

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

The first floor rear decks will overlook the rear yard areas of the adjoining properties. Does not comply – see assessment below.

S1

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

First floor windows will have fixed external louvres installed to reduce overlooking. Windows to bedroom remain open. Does not comply – see assessment below.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

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

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

The proposed rear first floor balcony accessed solely from the first floor bedroom and study will provide overlooking opportunity into private open space of adjacent properties. The balcony is recessed within the rear building line of the proposed addition, will include solid marine ply wood panelling to the balustrade and features privacy screening to the northern and southern sides. Overlooking directly southwards to No.8 Mooramie Avenue will be blocked directly by the wall of the proposed bathroom while northwards overlooking will be limited by a timber louvred privacy screen.

It is noted that the proposed balcony is only accessed via the first floor bedroom and study and not a primary living or entertaining area. It is considered that the balcony is unlikely to be used for large gatherings or to be primary area for entertainment functions. A person or couple using the balcony for passive recreational activities is unlikely to result in a severe reduction in privacy to the surrounding residential area.

A substantial degree of overlooking occurs from the dwellings located to the rear on Cottenham Avenue. These dwellings are located approximately 2 to 3 metres above the ground level of the subject site and other dwellings on Mooramie Avenue. Overlooking from dwellings on Cottenham Avenue is noticeable from the rear private open space of the subject site however the distance between the dwellings is significant and any existing or proposed overlooking is characteristic of the surrounding area.

While overlooking into the rear private open space of adjacent neighbours will occur as a result of this proposal it is considered the solid timber balustrade, access is only possible from the bedroom and study and privacy screens to the north and south side are acceptable measures to reduce privacy impact.

The rear facing bedroom windows do not satisfy the preferred solution 1.5 metre sill height. However privacy is likely to be maintained by the solid timber panelling balcony balustrade and the 2 metre setback of the windows from the proposed rear building line. Downwards overlooking from persons standing inside the bedroom is likely to be minimal.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

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

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

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

S9

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

The proposed development will overshadow the roof of No.8 Mooramie, however there will be sections that will receive sunlight on 21 June. Complies.

S9

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

The living room windows along the northern side of No.8 Mooramie Avenue currently receive less than 3 hours of sunlight on 21 June. The proposed development will not reduce this amount and is therefore considered acceptable. Complies.

S9

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

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

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

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

The proposed development will increase overshadowing to the properties to the south of the subject site, most significantly No.8 Mooramie Avenue. The northern facing windows to No.8 Mooramie Avenue currently receive less than 3 hours of sunlight on 21 June and as such, the proposed development will not decrease sunlight access to the northern facing windows of No.8 Mooramie.

The proposed overshadowing is considered acceptable given the proposed addition satisfies the preferred solution maximum external wall height and maximum dwelling height. Increasing the southern boundary side setback by 500mm is likely to decrease shadows cast over the roof area of No.8 Mooramie and will not improve solar access to living areas.

It is therefore considered that the proposal meets the objectives and performance requirements of the DCP – Dwelling Houses in relation to solar access.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The proposed additions will adopt a massing and visual bulk compatible with the existing dwelling and will not become a prominent visual element to the streetscape.

 

The proposed development will not have a significant adverse impact on the visual amenity of adjacent neighbours and will not result in substantial overshadowing or overlooking into the living areas of surrounding properties. The application is therefore recommended for approval.

 

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 937/2005 for a New two storey rear addition to an existing dwelling house including new balcony on the first floor level. at 6 Mooramie Avenue, Kensington subject to the following conditions:-

 

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

 

1.         The development must be implemented substantially in accordance with the plans numbered DA03, DA04, DA06, DA07, DA08, DA09 and DA10, dated September 2005 and received by Council on 6 March 2006, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

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

 

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

 

6.         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.

 

7.         To minimise loss of privacy to surrounding properties, the western-facing first floor bathroom window shall be provided with translucent, obscured, frosted or sandblasted glazing. Details of compliance shall be shown prior to a construction certificate being issued for the relevant building works.

 

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

 

8.         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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.       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.

 

15.       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.

 

16.       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.

 

17.       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.

 

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

 

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

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

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

 

19.       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.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

22.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

24.       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.

 

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

 

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

 

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

 

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

 

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

 

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.

 

28.       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.

           

29.       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.

 

30.       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.

 

31.       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.

 

32.       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

 

33.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

37.       The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·       WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·       Australian Standard 2601 (2001) – Demolition of Structures

·       The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·       Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

38.       A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·       The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·       Details of hazardous materials, including asbestos

·       Method/s of demolition and removal of asbestos

·       Measures and processes to be implemented to ensure the health & safety of workers and community

·       Measures to be implemented to minimise any airborne asbestos and dust

·       Methods and location of disposal of any asbestos or other hazardous materials

·       Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·       Date the demolition and removal of asbestos will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

39.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

40.       On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

41.       Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

42.       A Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

43.       The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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. 

 

44.       A Road Opening Permit must be obtained from Council's City Services Department prior to opening-up or carrying out any proposed works within the road, footpath, nature strip or other public place and all works including repairs are to be carried out to Council's satisfaction.

 

ADVISORY MATTERS:

 

A1       Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A2       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

13 March, 2006

FILE NO:

DA/0406/2005

 

PROPOSAL:

 Demolition of the existing building on the site and construction of a new three storey mixed use development comprising 5 x residential units, 4 x commercial tenancies and basement parking for 12 cars, strata subdivision

PROPERTY:

 343-355 Clovelly Road, Clovelly

WARD:

 North Ward

APPLICANT:

 Jim Demetriou Group Pty Ltd

OWNER:

A Papas Enterprises 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 John Procopiadis, Paul Tracey, Alan White. The estimated cost of the works is $1,991,751.00.

 

The applicant is seeking approval to demolish the existing two storey building on the site (currently a mixed use development with shops on ground level and dwellings above), excavate and construct a single level of basement carparking (including the provision of mechanical car stackers) and a new three storey mixed-use development on the site at 343-355 Clovelly Road, Clovelly. The above ground development will comprise 5 residential units and 4 ground floor commercial tenancies.

 

The site enjoys the benefits of ‘existing use rights’ under the Environmental Planning and Assessment Act as it has been operating (with development consent) as a mixed use development (generally prohibited under the 2(b) zoning) prior to the coming into force of RLEP 1998. As such the EP&A regulations allow the existing use to change to another non-conforming use. The proposed development is therefore permissible under the ‘existing use’ provisions of the EP&A Act. As a consequence of the existing use provisions any relevant development standards under RLEP 1998 are not applicable. This also includes any relevant aims and objectives contained within LEP’s. However such aims and objectives and development standards can be considered as a guide in the context of a new assessment of the proposal.

 

The development does not comply with the numeric standards for landscaping, height and FSR in the 2(b) zone, however the design of the proposal has limited its impact on surrounding properties. The development will not result in significant additional amenity impacts to surrounding properties. Where elements of the proposal have been assessed as having a negative impact on amenity, these impacts may be mitigated via conditions of consent. The redevelopment of the site will improve the amenity of the area by increasing parking provision with a similar density to that already existing on the site (one additional residential unit). The proposal will also increase the variety of residential accommodation in the area by providing a greater mix of units.

 

The application and amended plans received in response to the preliminary assessment process have both been notified to surrounding properties. The notification and advertising periods have resulted in 16 submissions. The submissions raised the following issues as primary concerns:

§  View and privacy impacts, particularly from proposed roof terrace

§  Excessive height and density, bulk and scale and impact on character and the street

§  Inadequate landscaping

§  Inadequate parking and existing traffic and parking congestion in the area

§  General amenity impacts, particularly to 16 Beach Street

 

The development is 3 storeys in height and is generally consistent with surrounding development and the width of adjoining streets. Council’s Design Review Panel made comment on the proposal indicating that it meets the 10 principles of good design.

 

The recommendation is for deferred commencement approval subject to conditions. The primary deferred commencement conditions relate to removal of the roof terrace and balconies on the northern side of the development.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing building on the site and erect a mixed retail and residential development comprising 863.1m2 of Gross Floor Area (GFA) and being 3 storeys in height. The development will provide for 4 commercial tenancies at ground floor level with 5 residential units above (1 x 1 bed, 3 x 2 bed and 1 x 3 bed units). A single level of basement car parking providing 12 spaces is also proposed with access from Beach Street.

 

Landscaping is provided to the rear (north) of the site and includes both deep soil and over slab planting. A large roof terrace (approximately 100m2 in area) also provides communal open space to the residential component of the development.

 

The design of the proposed building is contemporary in style, with the external finishes being a mixture of face brickwork, rendered masonry and stone cladding. Clear and translucent glazing is proposed to balustrading and window treatments throughout the development. Timber privacy screens also provide relief to the elevations.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is a regular shape and is located on the northwestern corner of Clovelly Road and Beach Street in Clovelly. The southern (Clovelly Road) boundary of the site measures 32.435m, the eastern boundary fronts Beach Street and measures 15.24m. The northern boundary of the site adjoins 16 Beach Street (a terraced residential flat building containing four dwellings above semi-basement parking) and measures 32.49m. The western boundary of the site measures 15.24 metres and adjoins 337-339 Clovelly Road (a two storey commercial building with 2 dwellings above). The total site area is 494.28m2. The site is comprised of a single allotment, Lot B in DP306859.

                              

Existing on the site currently is a two storey building with pitched roof constructed in the early 1930s. The ground floor is comprised of three shops (originally constructed as six separate tenancies but subsequently amalgamated into three). The first floor level is comprised of 4 x 2 bedroom units. There is currently no parking provision on the site.

Above L-R: The site as viewed from Clovelly Road (adjoining automotive workshop at 337-9 Clovelly Road in foreground). The eastern eleveation of the existing building as viewed from Beach Street.

 

Development in the locality is comprised of a variety of residential and commercial uses. Across Beach Street to the east of the site are 1-2 storey residential flat buildings and semi-detached dwelling houses. Across Clovelly Road to the south are 1-2 storey residential flat buildings and dwelling houses, further to the south west on Clovelly Road are small scale commercial uses. Adjoining the site to the west are older style 2 storey commercial and mixed use developments.

 

The site was included as a contributory building within the Clovelly Road Conservation Area under the Draft Heritage LEP amendments which were considered by Council on 13 December 2005. As Council resolved not to proceed with the draft amendments, the site and surrounds currently has no heritage status. Heritage items exist at the corner of Clovelly Road and Arden Street at the western end of the block on which the site is located. The items are known as Walder’s Corner (319 Clovelly Road) and Pohill’s Corner (317 Clovelly Road).

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application was lodged on May 26, 2005. Additional information including a geotechnical report was requested from the applicant on 9 June 2005. Further information was requested with regards to the draft heritage status of the site on 21 June 2005. As a result of comments made by the Randwick Design Review Panel, the submissions of surrounding residents and preliminary assessment by Council officers, the applicant was advised to consider amendments to the scheme on 26 July 2005. The applicant took some time to provide the additional information requested and to prepare amended plans. Amended plans were received on 6 February 2006 and were renotified to surrounding properties concluding on 28 February 2006. Further amendments to address technical issues in relation to the basement were submitted on 24 February 2006. The amendments submitted on 6 February as further amended by the 28 February plans are the subject of this assessment.

 

The amended plans show an improved basement layout with reduced area (and removal of basement mezzanine level) to allow for the provision of deep soil planting to the northern boundary, reduction in the ground floor commercial tenancies to achieve deep soil planting and landscape zone to the northern boundary, reduction in the size of terraces to the northern side of the first floor level. The plans also show an increased roof terrace area and changes to the elevations of the building and proposed colour scheme.

 

b.    HISTORY OF SITE USAGE

 

The current commercial uses at the site have been approved under the following applications:-

 

DA/286/1985

Use 2 shops at 343 and 345 Clovelly Road as cake shop

Approved 27/11/1985

DA/131/1977

Use existing shop at 347 Clovelly Road as a pizza restaurant

Approved 25/08/1977

DA/751/1998

Use existing shops at 351-355 Clovelly Road as a dive shop

Approved 16/11/1998

 

The address 349 Clovelly Road relates to the residential component of the existing building above the shops. Although this portion of the existing building is separately addressed, the whole of the site is one allotment of land (Lot B in DP 306859). The existing building was constructed as a whole and is considered to be “mixed-use development” and therefore has the benefit of existing use rights, even though multi unit housing as a use on its own is permissible use within the 2(b) zone.

 

Existing use rights have been established and provide a basis for assessment of this application despite the proposed mixed-use development being prohibited in the 2(b) zone.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

1.       M.Kossi, 2/1 Campbell Street, Clovelly (owner 337-339 Clovelly Road, Nino’s Auto Engineers)

 

§  Inadequate side setback to boundary of 337-339 Clovelly Road. Loss of amenity to any future development at 337-339 Clovelly Road, inappropriate to 2B zoning.

 

Comment: The property at 337-339 Clovelly Road is currently partially commercial (automotive workshop) in use and does not provide setbacks to the site boundaries consistent with the 2(b) zoning of the sites. The nil setback to the western boundary has been discussed in Section 9.3 below, and is considered an appropriate streetscape response given the existing context and commercial uses.

 

§  Excessive height of western wall will result in bulk and scale, solar access and view impacts

 

Comment: The western elevation complies with the overall height standard in the 2(b) zone and with wall height at its northern end. The parapet of the development is only 1 metre higher than the existing parapet at 337-339 Clovelly Road and is considered consistent with the existing streetscape. There will be no additional bulk and scale, view or solar access impacts to 337-339 Clovelly Road as a result of the development.

 

§  Privacy, overlooking from NE balcony at the upper level.

 

Comment: Balcony is to a bedroom and has solid side walls, privacy impacts are not considered to be significant to this property.

 

2.       C.Reed & C van Kemenade, 2/16 Beach Street, Clovelly

 

§  Privacy and overlooking particularly from elevated north facing balconies, planters are inappropriate as screening due to the difference in ground levels which will result in patio areas being gloomy, request existing setback maintained or minimum setback of 4-4.5 metes.

§  Excessive FSR, bulk and scale and increased density impacts

§  Excesive wall height of 11 metres, blocks skyline views and results in oppressive bulk, should not exceed guidelines or the existing building

 

Comment: Refer to discussion under Section 9.5 Privacy, 9.3 Setbacks, 9.1 Height and 9.2 FSR, below

 

§  Impact on character of Clovelly Road especially in relation to Draft Heritage DCP, contributory building should not be demolished

 

Comment: Draft DCP has now been refused by Council and is no longer a document for consideration in this assessment.

 

§  Concern over construction damage as a result of excavation

 

Comment: Standard conditions of consent including preparation of dilapidation reports have been recommended.

 

§  Concern over amount of hard paving

 

Comment: Landscaping and parking have been revised to include deep soil provision.

 

§  Concern over safety and traffic access to Beach Street

 

Comment: Council’s Development Engineer has reviewed the application and made appropriate comment in Section 6.2.

 

§  Concern regarding the accuracy of statements made by the applicant in the submitted Statement of Environmental Effects.

 

Comment: Additional information has been received from the applicant to clarify statements where necessary. This assessment has been made independently and the the applicant’s statements and calculations have not been relied upon.

 

3.       M. Benge on behalf of Executive Committee, Owners Corporation, 16 Beach Street, Clovelly on behalf of unit owners of Units 1, 2, 3 and 4 at 16 Beach Street

 

§  Size and height of building, bulk and scale, relationship to the topography in particular relationship to Nino’s Autos at 337-339 Clovelly Road.

§  Overdevelopment and excessive density in quiet residential area

§  Deficient in landscaped area

§  Inadequate parking due to proposed use of car stackers

§  Existing FSR should not be exceeded further

§  Loss of privacy from rooftop terrace, balconies and entertaining areas, inadequate setback to northern boundary

§  Loss of views from Unit 4

§  Intrusive roof design and unsightly hot water systems

§  Traffic hazard, proximity to roundabout and pedestrian traffic

 

Comment: These issues have been partly addressed by the amended plans and are discussed in detail in Section 9 of this report.

 

§  Poor amenity of south facing units and limited cross ventilation

 

Comment: Council’s SEPP 65 Design Review Panel has reviewed the amenity of the development and is satisfied it meets the principles of quality residential design. The proposal also achieves a NatHERs rating consistent with the preferred solution under Council’s Multi Unit Housing DCP.

 

§  Proposal is inconsistent with Draft Heritage LEP and DCP

 

Comment: Draft DCP is no longer a document for consideration in this assessment.

 

§  Loss of light, resulting in further damp issues which are already occurring on southern side

 

Comment: The proposal is located to the south of the existing building at 16 Beach Street and will not result in overshadowing to this property. Setbacks of the proposal (subject to compliance with conditions of consent) are considered adequate for maintaining skylight and ventilation to the development at 16 Beach Street.

 

§  Noise

§  Amount of excavation and risk of structural damage during construction.

 

Comment: Standard conditions of consent including preparation of dilapidation reports and to regulate noise have been recommended.

 

4.       S & T Ray, 3/16 Beach Street, Clovelly

 

§  Lack of landscaping and difficult parking seem to indicate proposal is overdevelopment of the site

§  FSR and height are excessive, building does not respond to character or topography of the area

§  Demolition of existing building is contrary to draft heritage controls

§  Loss of privacy from overlooking from 2nd & 3rd floor levels

§  Noise disturbance

 

Comment: These issues have been addressed above and in Section 9 of this report.

 

§  Loss of views to coastline

 

Comment: View loss to Unit 3, including photographs of existing view opportunities from this dwelling, is discussed in Section 9.6 of this report and were found to be satisfactory.

 

5.       J. Holmes  & S. Hoyt, 19 Beach Street, Clovelly

 

Letter attached with following names in support of the concerns raised in this submission:

 

6.       M.Moscatt, 17 Beach Street, Clovelly

7.       B.Weight, 15 Beach Street, Clovelly

8.       M.Nash, 15 Beach Street, Clovelly

9.       JP Fitzgerald & G Smith, 11 Beach Street, Clovelly

10.     M.Lee, 5 Beach Street, Clovelly

11.     B. Kenny, 13 Beach Street, Clovelly

 

§  Concern regarding use of car stackers to achieve parking in this already congested area. Car stackers may not be readily accessed and will result in further pressures on on-street parking.

 

Comment: It is considered that there is less resistance to use of car stackers where on street parking is already in limited supply, such as in the vicinity of the subject site. In these instances, residents are more likely to use stackers as there is limited or no on-street availability. The allocation of stackers and type of stackers proposed also encourage their use by minimising the amount of manoeuvring required.

 

§  Question provision of vehicular access on Beach Street right next to the busy roundabout and corner of Clovelly Road.

§  Request a traffic management plan for Beach Street prior to any approval being considered by Council

 

Comment: The applicant has provided a traffic and parking report in support of the application. The report has been reviewed by Council’s Development Engineer and is considered satisfactory. There appears to be no safety issue with the driveway location.

 

12.     P.Sutton, 18 Watkin Street, Newtown 2042(owner of 5/292 Clovelly Road, Clovelly)

 

§  Visual privacy impacts across northern and southern boundaries

 

Comment: Visual privacy to the adjoining property to the north is discussed in Section 9.5. The southern boundary faces Clovelly Road and a separation distance to properties on the southern side of Clovelly Road (including 292 Clovelly Road) of over 20m, this exceeds the 9 metres considered adequate to maintain privacy.

 

§  Excessive project scale is inconsistent with draft heritage provisions and will impact on the character of the area

 

Comment: The Draft Heritage DCP is no longer a document for consideration in this assessment. Notwithstanding this, a Heritage Impact Statement has been prepared and submitted with the application and the development has been reviewed by Council’s Design Review Panel and was considered appropriate to the surrounding context. It is considered that the development is satisfactory with regard to the character of the area.

 

§  Bulk of building blocks views

 

Comment: The bulk of the building from Clovelly Road will be largely contained within the envelope of the existing building on the site. The reduction in height of the lift and stair access to the site will minimise any intrusion of the development into existing outlooks. Significant view loss will not occur as a result of the proposal.

 

§  Roof deck will result in large gatherings and noise impacts.

 

Comment: Roof terrace has been recommended for removal.

 

The amended plans received on 6 February 2006 were renotified to surrounding residents for 14 days concluding on 28 February 2006. The following submissions were received:

 

13.     M. Benge on behalf of Executive Committee, Owners Corporation, 16 Beach Street, Clovelly on behalf of unit owners of Units 1, 2, 3 and 4 at 16 Beach Street

 

§  Development is out of proportion and character to existing buildings in the surrounding area

§  Development exceeds height standards

§  The development does not step down the site in response to the topography and existing development on adjoining sites

§  Development is not setback to Beach Street and this is not commensurate with surrounding development as claimed by applicant

§  FSR is excessive

§  Development is inappropriate to quiet character of Clovelly Road

§  Development is grossly deficient in landscaping

§  Inability to achieve cross ventilation and good amenity to units which face south indicate overdevelopment

§  Car stackers indicate overdevelopment of the site and are subject to failure resulting in residents using on-street spaces

§  Roof design is intrusive and services such as hot water may interrupt views

§  Lift well and sunshade superstructure are intrusions into air space

§  Severe impact on views from Units 3 & 4 at 16 Beach Street.

§  Skylight on roof terrace should be flat not upright to minimise view impacts

§  Loss of privacy from rooftop terrace and balconies

§  Minimum setbacks are not achieved 4m average should be provided to northern boundary

§  Overlooking from terraces

§  Glass doors on northern side result in overlooking

§  Screening on some north facing windows does not result in no impact as not all windows are screened and there is no screening to balconies and roof terrace

§  New garage entry will remove on-street spaces from outside the site.

 

Comment: These issues have been discussed in detail in Section 9 of this report.

 

§  Request Council undertake independent cost analysis to ascertain if development has a cost of works greater than $2m

 

Comment: Council’s preliminary assessment of the application using Cordell’s Building Cost Guide indicated that the construction value of the development exceeded $2 million. The development includes particular items that are not covered in the Cordell’s Building Guide such as mechanical car stackers. To clarify the cost of the works for the purposes of the Delegations Policy and calculation of assessment fees, the applicant was requested to provide a costing provided by a Quantity Surveyor. The cost has been estimated at $1,991,751.00. This is accepted as accurate. As three Councillors have called the application to this meeting, there is no impact of the estimate in terms of the determination of the application. The estimate exceeds that originally accepted by counter staff of $1.5m by $491,751.00. The additional estimated cost generates an additional assessment fee of $1,726.10 including plan first fees and payment of these fees prior to operation of any consent has been included as Deferred Commencement Condition 5.

 

§  Glazed returns on eastern edge of balconies at first and second floor level results in direct line of sight to outdoor terraces of units 1 and 2, 16 Beach Street.

 

Comment: As the edges of these balconies are located towards the street frontage (Beach Street) of the site, impacts on the adjoining property to the north are limited. The primary outlook from the balconies is to the east and south easterly view opportunities and away from the adjoining residential flat building to the north. The glazed returns are considered to be appropriate to the location of the site nearby the coast.

 

§  View loss, reduction of property values

 

Comment: Property value is not a valid planning consideration. View loss is discussed in Section 9.6 and is considered satisfactory.

 

§  Noise and interruption to quiet enjoyment

§  Loss of light and exacerbation of dampness issues at 16 Beach Street

§  Excavation, concern regarding structural damage to 16 Beach Street as a result.

§  Traffic hazard from proximity of development to roundabout

 

Comment: These concerns have been addressed previously, above.

 

§  Entrance to carpark is narrow and will result in tight turning circle.

 

Comment: Parking layout has been reviewed and is considered satisfactory. Council’s Development Engineer has also reviewed the plans and has no objections.

 

§  If approval is contemplated, suggest changes to the plans, including reduction of density, limitations on size and use of the roof terrace, increased setback to north and removal of balconies and increased privacy screening measures to the north.

 

Comment: Where assessment has indicated impacts are excessive and can be resolved by conditions of consent, conditions have been recommended.

 

14.     M & J Makas, 4/16 Beach Street, Clovelly

 

§  Loss of ocean views to Gordon’s Bay and Coogee Headland

§  Loss of privacy and noise, particularly from the roof terrace

§  Bulk and scale and consistency with planning standards and controls

§  If approval is contemplated, suggest changes to the plans, including reduction of density, limitations on size and use of the roof terrace, increased setback to north and removal of balconies and increased privacy screening measures to the north.

 

Comment: The view and privacy impact of the proposal to 4/16 Beach Street has been discussed in detail in Sections 9.6 and 9.5, below. Bulk and scale has also been addressed in Sections 9.1 and 9.2, below.

 

15.     S & T Ray, 3/16 Beach Street, Clovelly

 

§  Amended plans have not addressed fundamental concerns

§  Lack of landscaping and difficult parking seem to indicate proposal is overdevelopment of the site

§  FSR and height are excessive, building does not respond to character or topography of the area

§  Loss of privacy from overlooking from 2nd & 3rd floor levels

§  Noise disturbance

§  Loss of views to coastline

 

Comment: These concerns have been addressed in this report.

 

 

 

16.     C.Reed & C van Kemenade, 2/16 Beach Street, Clovelly

 

§  Building height is still excessive and will result in inconsistency with the existing building on the site and surrounding neighbourhood

§  Setbacks to northern boundary are inadequate in terms of skylight, airflow, privacy and sense of openess

§  Privacy impacts from the northern elevation of the building

§  Elevation of the terrace and patio areas 1-2m higher than adjoining ground level will result in privacy impacts

§  Density should be reduced so parking can be accommodated on the site without the use of stackers

§  Landscaping is inadequate, density should be decreased to provide for more landscaped area.

§  Concern over the currency and accuracy of information provided in relation to the design of the building, cost of works, SEE, traffic report and the detailing of the superstructure to the roof terrace.

 

Comment: These concerns have been addressed previously, above.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1   Manager, Environmental Health and Building

 

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

 

Building Services Comments

 

The Proposal

 

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new 3 storey mixed residential and commercial development with basement carparking.

 

BCA Building Classification

 

Class       -           5 or 6   (Retail/Shops/Offices)

Class       -           2          (Residential units)

Class       -           7a        (Carpark)

 

Background

 

The existing building on site is a post war brick mixed res/comm. building bounded by buildings of a similar nature.

 

 

 

Key Issues

 

Site Management:

 

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

 

Building Code of Australia (BCA):

 

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

 

Access for people with a disability:

Appears satisfactory.

 

Conclusion:

 

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

 

RECOMMENDATION:

 

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

 

Environmental Health Comments

 

The proposal

 

The proposal consists of an application for the demolition of an existing two storey mixed commercial and residential development and the construction and strata subdivision of a three storey mixed use development comprising five retail/commercial suites and five residential apartments with basement car parking for fifteen vehicles.

 

Key Issues

 

Land Contamination

 

A site inspection and review of Councils approvals for the site reveal that while there is a motor mechanic workshop located in the adjoining property, it is considered unlikely that the property to which this application relates has been subject to potentially contaminating activities as detailed in SEPP 55.

 

The site inspection undertaken on 10 June 2005 revealed that the motor mechanic workshop is in good structural condition, and there were no obvious signs of contaminants off site, such as staining of concrete or soils.

 

Acoustics

 

The proposal includes the installation of a car stacker in the basement carpark. Council has previously asked for acoustic reports in relation to the operation of carstackers, and it is considered appropriate that an acoustic report be required in this instance to consider the potential impact for noise nuisance from this unit and other plant and equipment that will service the development. The report should consider the potential for noise emissions and imissions associated with the development.

 

Commercial Units 

 

The proposal includes the development of five retail/commercial units. A condition requiring that Development consent be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979 is to be included.

RECOMMENDATION:

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

 

Further to the Building Services comments, the following was noted:

 

As a required means of egress from the basement carpark is via the vehicular access driveway, a 1m wide path of travel should be defined and separated from the vehicular access.

 

This was requested to be shown in the amended plans and has been indicated in the amended basement and ground floor plans lodged on 24 February 2006. Conditions suggested by the Manager, Environmental Health and Building Services have been included in the Recommendation section of this report (see Conditions 33-79).

 

6.2   Development Engineer

 

Council’s Development Engineer has provided the following comments in relation to the proposal:

 

An amended application has been received for the construction of a three-storey mixed use development at the above site containing 5 units and 4 commercial/retail tenancies, with basement parking for 12 vehicles as well as associated strata subdivision.

 

Landscape Comments

There are no street trees on either the Clovelly Road or Beach Street frontages, nor will there be room for new street trees upon completion due to the presence of an overhead awning proposed for around the perimeter of the site. This property is not located within the Clovelly Beach Commercial Centre, and as such, design guidelines do not apply.

 

Two Grevillea x banksii ‘Moonlight’ have been recently planted (by property owners rather than Council) on the nature strip to the north of the subject site, in front of 16 Beach Street, and would remain unaffected, with conditions not necessary.

 

Within the adjoining property to the north, 16 Beach Street, there is a variety of species which have been planted close to the common boundary, in most cases slightly encroaching within the subject site. They are from east to west, clumps of Strelitzia nicholii (Large Leafed Bird of Paradise) of about 4 metres in height, several Leptospermum polygalifolium (Tea Trees) of between 3-4 metres in height and one sparse Cupaniopsis anacardioides (Tuckeroo) about 5 metres tall.

 

Given the presence of an existing low masonry retaining wall and timber pailing fence along the length of this boundary, and the associated differences in level between the two sites, it is unlikely that the proposed excavations would impact significantly on their health and stability as the roots would be largely contained to the higher side of the wall.

 

Further towards the western half of the subject site, there are a variety of shrubs which will need to be removed to accommodate the proposed works; however, as they are too small to be covered by Council’s Tree Preservation Order, conditions will not be included in this report.

 

In the northwest corner of the site, there is one Eucalyptus species (Gum Tree) of approximately 11 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order. Despite the absence of deadwood of any noticeable structural defects, the western side of its canopy is virtually devoid of foliage as it has been suppressed by an adjoining tree.

 

The full weight of the canopy is restricted to the eastern side, and has resulted in a pronounced lean to the east. Although it may compensate for this lean over time, it must be recognised that it would be placed under further stress during the course of the works should it be retained.

 

A substantial redesign of the entire proposal to ensure its retention is not warranted as it is not deemed a significant specimen, and as such, removal and replacement with appropriate native species which will provide effective screening seen as the most desirable course of action in this circumstance, with conditions in this report provided on that basis. 

 

Immediately to the west of this tree, there is one Acacia elata (Sydney Green Wattle) of approximately 6 metres in height which appears in poor condition with a large amount of deadwood and poor form. It has been suppressed due to its poor siting and shall be removed as part of this application.

 

There is what appears to be one Flindersia australis (Australian Teak) of approximately 4 metres in height growing within the adjoining property to the west, 337-339 Clovelly Road, within in a narrow garden bed only as wide as the girth of its trunk hard up against the common boundary.

 

Concrete surfacing exists throughout this neighbouring site, turf within the subject site, with a minor difference in level between the two sites (falling to the east). Both excavation and construction associated with the basement and first floor levels will be undertaken right along this common boundary, almost hard up against its trunk, which poses a realistic threat of killing and/or de-stabilising the tree.

 

As it is located on an adjoining property, the applicant has a responsibility to ensure it remains unaffected by their proposed works; however, as it is too small to be covered by Council’s Tree Preservation Order, the onus is on the applicant to negotiate an acceptable arrangement with the tree owner regarding its removal, costs and replacement. A deferred commencement condition requiring the applicant to obtain written approval from the adjoining owner for the tree removal has been included in this report.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Traffic Comments

The expected peak flow volume of vehicles from the proposed 5 residential units and 4 commercial tenancies is considered low and no delays should be experienced in Beach Street (nor at the adjacent intersection with Clovelly Road) as a result of this development.

 

Driveway location

The Planning Officer is advised that the proposed driveway location in Beach Street is in compliance with Section 3.2.3 of AS/NZS 2890.1:2004 as it is located more than 6 metres from the tangent point of the intersection with Clovelly Road.

 

Vehicular Access

The applicant was previously advised that in order to provide adequate pedestrian safety the internal driveway in Beach Street should be provided with a stop sign and holding line. Further, it was noted that a convex mirror or similar should be installed on the wall adjacent to the southern side of the driveway access, to provide sightlines to the north for exiting vehicles stopped inside the property boundary. Amended plans have now been submitted showing compliance with this requirement.

 

It is also noted that the submitted plans show the wall on the southern side of the vehicular crossing being splayed 1.2 metres by 1.2 metres rather than Council’s standard required splay of 1.5 metres by 1.5 metres. Given that a convex mirror is also proposed on the northern side of the driveway, to improve sight lines to the south, no objections are raised to the slightly reduced splay corner.

 

The driveway opening at the Beach Street frontage and the internal driveway access must be 3.50 metres wide at all points along the driveway. The Planning Officer is advised that this will necessitate part of the wall on the northern side of the driveway being narrowed. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Prior to the issuing of a construction certificate, the applicant is to engage a suitably qualified traffic engineer to determine whether the proposed traffic signals are appropriate. Exiting vehicles must always give way to entering traffic to ensure that queuing in Beach Street does not occur. Details demonstrating how this requirement will be complied with (either through the operation of traffic signals or alternative means) shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

Note: Should the traffic engineer determine that traffic signals are not appropriate, they shall be deleted from the plans submitted for the construction certificate.

 

Parking Facilities

The Planning Officer should ensure the proposed parking provisions are adequate, however the following comments are provided to assist in determining compliance.

 

According to Council’s DCP – Parking, a total of 14 spaces are required (7 spaces for the 260m2 of retail space; 6 spaces for the 3 x 2-bedroom units, 1 x 1-bedroom unit and 1 x 3-bedroom unit and 1 visitor space).

 

The submitted plans show a total of only 12 car spaces being provided on-site, with 6 of these spaces being provided within a triple two car stacker.

 

Mechanical car stackers

The Development Engineer does not favour the use of car stackers as they are a mechanical system and as such may be subject to failure. However, should the Planning Officer consider approving the car stackers, it is recommended that the following conditions be included in any future development consent issued:

 

1.   An inspection and maintenance schedule for the car stackers shall be prepared in consultation with the car stacker manufacturer. A copy of the schedule is to be included in the documentation submitted for the construction certificate.

 

2.   The car stackers shall be inspected and maintained in accordance with the approved schedule.

 

3.   Any future strata management statement or building management statement shall incorporate the inspection and maintenance schedule for the car stackers.

 

4.   Training of all residents in the use of the car stackers shall be required as part of any future strata management statement or building management statement.

 

5.   All caretakers shall be trained in the operation of the car stackers and a contact number for the caretaker should be provided within the basement should users require assistance.

 

6.   Manufacturer specifications and instructions for operation of the car stacker shall be provided in a clearly visible location adjacent to the car stacker.

 

7.   The car stacker shall have a manual over-ride system for operation in the event of power/mechanical failure.

 

8.   The car stackers (including over run areas) shall be appropriately secured to ensure that pedestrian (resident/tenant and visitor) safety is not compromised at any time.

 

Further, the Planning Officer should ensure appropriate conditions are included regarding allocation of the parking spaces within the triple car stacker.

 

Splay Corner Comments

A 2 metre x 2 metre splay corner is to be provided at the intersection of Clovelly Road and Beach Street in order to provide adequate pedestrian and vehicular sight distance.

 

Car wash bays   

It is understood the Planning Officer has not allocated any parking spaces as visitor spaces accordingly no conditions have been included in relation to the provision of a covered car washing bay.

 

Waste Comments

As requested in Council’s previous memo dated 16 February 2006, amended plans have now been submitted showing the provision of a retail/commercial waste storage area (within the basement car park) sized to contain 8 x 240 litre bins.

 

Conditions suggested by Council’s Development Engineer have been included in the Recommendation section of this report (see Conditions 80-131).

 

6.3   Heritage Planner

 

The site is located in the area covered by Draft LEP (Amendment No. 39). In response to this draft document the applicant was requested to provide a heritage impact statement on 21 June 2005.

 

Council resolved on 13 December 2005 that the draft LEP (Amendment No 39) and accompanying DCP not be approved and not proceed.

 

The applicant took some time to lodge a Statement of Heritage Impact for the site (dated August 2005), formally lodging this document on 6 March 2006. The Statement was referred to Council’s Heritage Planner, however as the Draft LEP and DCP are no longer relevant to this application referral comments were not required. everal residents have raised the issue of character and heritage in their submissions. In relation to these issues, the submitted Statement of Heritage Impact concludes that:

Given the significance of surrounding heritage items and the extent and impact of the proposed works, the new development is considered acceptable in heritage terms.

The impact of the development on heritage items in the vicinity of the site has been discussed under Section 8(a) of this report.

 

6.4   Design Review Panel

 

Council’s Design Review Panel considered the application at its July 2005 meeting. The following comments were received:

 

1.   Relationship to the Context of the Proposal

 

Generally the Panel considers the design to be a good response to the site. The architect should address the comments below, which would lead to further refinement of the design.

 

The Panel considers that the proposed scale is appropriate in its immediate context and in response to the width and frontage of Clovelly Road / Beach Street intersection. As this will be the eastern-most building of this run of Clovelly Road shops, the corner and facades will be prominent. This prominence has been considered in the design response.

 

The Panel was surprised to be advised that the site’s zoning was 2b. This block has a consistent street wall of inter-war shops, with residential accommodation above. To the north in Beach Street, there are substantial post-war apartment buildings, up to 5 storeys in height. Therefore the context has a strong urban character, to which the scheme responds well.

 

The applicant has provided reasonable documentation (montages, Beach St elevations) to support the height and volumes proposed in the streetscape.

 

2.   The Scale of the Proposal

 

It is the Panel’s opinion that massing is generally well considered and that the scale and the height of the development are satisfactory. The Panel would prefer to see a more wall-like treatment of the Clovelly Road façade, in contrast to the north façade which can be more domestic in the scale and reading of the elements.

 

The Panel strongly recommends that deep soil planting be introduced in the setback to the northern neighbour. This would require the rear of the shops and the basement carpark to be set back from the north boundary by 3 – 4 metres to allow for a selection of trees to be planted in deep soil. This would be a desirable solution to the interface with the adjoining residential buildings, and provide much needed screening and a green outlook.

 

3.   The Built Form of the Proposal

 

The Panel suggests that the design would benefit from a reduction of the number of elements and components in the facades. There could also be a better combination of elements.

 

The use of high quality materials should be investigated for the corner element, rather than using discordant colour in a somewhat arbitrary way (the yellow element).

 

The treatment of the driveway and surrounding built form should be developed to reduce the impact of the wide carriageway.  The introduction of planting, a pergola structure, and some quality materials and wall treatments would assist in creating a satisfactory Beach Street façade

 

4.   The Proposed Density

 

The proposed volume is similar to that of the existing building on the site, and the mixed-use neighbours to the west. Therefore the volume and resulting density are considered appropriate for this site. As noted, the Panel considers that the shops 1-3 are overly long, and should be cut back to allow for deep soil planting along the northern boundary. This would reduce the FSR by a reasonable amount.

 

Adequate ceiling heights have been provided to the shops and apartments, as is required by SEPP 65.

 

5.   Resource and Energy Use and Water Efficiency

 

Due to the thin cross-section design, the number of internal spaces that would require artificial lighting throughout the day is minimal. Good cross ventilation is provided to all the apartments. The common areas also have excellent daylight and natural ventilation. All apartments have light and air from at least two sides, and all have northern or eastern orientation to living areas.

 

The applicant should consider complying with the pending BASIX requirements. Elements such as outdoor clothes lines, retention tanks for rainwater reuse, roof insulation and the like, should be incorporated into the design.

 

6.   The Proposed Landscape

 

The Panel considers that the integration of the driveway with the building and landscape design could be reconfigured. It would be improved if the entrance ramp was turned 90 degrees to decrease the prominence of the roller door, and the carpark layout could be tightened up. The driveway could incorporate permeable paving, and should be more decked over by planters.

 

A well-designed Landscape Plan should be prepared that is a good response to the space, transition and privacy issues.

 

The Panel suggests that some street trees be provided. This should be discussed with the relevant Council officer.

 

7.   The Amenity of the Proposal for its Users

 

Floor to floor dimensions should allow for the provision of the appropriate acoustic ratings, particularly where bathrooms sit over living areas.

 

The units are mostly well planned, with good integration of internal and external living areas.

 

The provision, location and elements of the roof terrace are all supported, as they will provide amenity for future residents. This is a very good arrangement that should be the model for other rooftops in mixed –use developments.

 

The basement car park should be re-planned to be a much more straightforward arrangement. A reduction in commercial floor space would result in a decrease in parking required. This would allow the awkward stackers to be deleted, and a much more straightforward and economical basement arrangement to be provided. This would also substantially reduce the unnecessary shoring and excavation required for the stackers, and reduce risk, disruption and noise during the construction period.

 

8.   The Safety and Security Characteristics of the Proposal

 

The design provides good activation of the street, and good passive surveillance. The provision and extent of the awning is supported.

 

9.   Social issues

 

The proposal has an appropriate mix of units. The shops to both street frontages and the location of the residential foyer in Clovelly Road are appropriate.

 

10. The Aesthetics of the Proposal

 

The proposal has the potential to be a well considered addition to the Clovelly area, however some of the elements in the façade could be refined and the language of the building further developed. The individual elevations need to be better related in terms of consistency and inter-relation of materials, such as;

 

-     The corner element and splay roof should be less “featurist”, and better integrated with the overall designs, The soffit detail is important due to its prominence.

-     The street wall to Clovelly Road should be more unified in character, presenting as a masonry wall with a rhythm of openings. The Panel considers that the glass balustrades on this busy street façade are out of place, and that a more solid treatment would be more appropriate;

-     The eastern façade can be the more dramatic one, due to the slope, street geometry, outlook and expressed thin section;

-     The sun shading elements on the north façade are appropriate;

-     The façade detailing needs further design input. A detailed section and part elevation at 1:50 scale should be submitted, accurately showing junctions, materials and finishes.

 

There are some minor discrepancies between plan and elevation on the south façade at first floor, which should be corrected.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel recognises the design qualities of the Development Application. The Panel has suggested a series of further refinements, to more fully meet the SEPP 65 requirements.

 

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

 

The amended plans and sample board have addressed the Panel’s concerns with regard to deep soil planting, parking layout, materials and colours and the aesthetics of the building, particularly in relation to the Clovelly Road elevation to a satisfactory level. A landscaping plan has not been provided for assessment and this has been included as a deferred commencement condition of consent (see Deferred Commencement Condition 4).

 

In response the Panel’s positive comments in relation to the roof terrace, the applicant has enlarged this element in the amended plans and increased amenity to this area by providing more cover to the roof top. However, it is considered that the additional awnings and the access to the rooftop area will have negative impacts in terms of outlook from surrounding properties, bulk and scale and concern is raised the enlarged communal terrace may result in significant acoustic privacy issues due to its elevation. While the terrace would provide additional amenity to the residents of the development it is not considered necessary and given its impacts has been recommended for removal from the development (see Deferred Commencement Condition 1).

 

The development is satisfactory with regard to SEPP 65.

 

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 (RLEP98)

-State Environmental Planning Policy 10– Retention of Low Cost Housing (SEPP 10)

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

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

 

 

 

 

(a)      Randwick Local Environmental Plan 1998

 

The site is zoned 2(b) under Randwick Local Environmental Plan 1998 (RLEP) and the proposed activity (mixed-use development) is generally prohibited within the zone. Despite this prohibition, the site has been used continuously as a residential flat building with shops attached by virtue of lawful consents, which predate the current planning controls (that now prohibit such uses within the 2(b) zone). 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. Under clause 41(1d) of the Environmental Planning and Assessment Regulation the protection extends to changing from one non-conforming use to another:

 

(1)      An existing use may, subject to this Division:

(d)      be changed to another use, including a use that would otherwise be prohibited under the Act

 

Section 108(3) of the Act also provides that any provisions in an instrument that would derogate 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, 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(b) zone are as follows:

 

(a)    to allow a variety of housing types within residential areas, and

(b)    to allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

(c)    to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area, and

(e)    to enable a mix of housing types to encourage housing affordability.

 

The development will increase the mix of dwellings provided on the site at present and therefore will contribute to the variety of housing types and the housing choice in the locality. The site currently provides 4 x 2 bedroom dwellings. The proposal will provide 3 x 2 bedroom dwellings and incorporate a 3 bedroom and 1 bedroom dwelling into the mix. The one bedroom dwelling will provide for greater housing affordability and the three bedroom dwelling will improve housing choice by providing a larger unit which may provide greater housing affordability and choice for a range of groups including families. The proposal is considered to meet objectives (a) and (e), above.

 

The development does not provide community facilities, however the retention of the established non-conforming small-scale retail tenancies on the ground floor is considered appropriate to maintaining the existing service and amenity provided to the local area. Neighbourhood shops of the scale proposed can have positive benefits in terms of minimising local traffic volumes and providing opportunities for community interaction as well as providing services to local residents. The commercial portion of the development is considered to serve the needs of local residents, workers and visitors and supports the aim of objective (b).

 

The locality of the site is mixed in character, being comprised of single dwelling houses, older style residential flat buildings up to 4 storeys in height and more recent developments with a 2 to 3 storey scale. The proposal will increase the height of development on the site from 2-3 storeys as viewed from Clovelly Road and from 1 to 2 storeys as viewed from properties to the north on Beach Street. Despite the increased number of storeys proposed, the building will have an overall height that is comparable to the ridge height of the existing building on the site. The parapets at the western and eastern ends of the Clovelly Road frontage exceed the existing ridge height by approximately 1 metre. The dominant character of Clovelly Road includes small scale retail uses, many with residential dwellings above and the development is consistent with this character. The form, bulk and scale and overall character of the the proposal responds to the range of conditions adjoining the site and is considered to consistent with the mixed character of the area. The development is not considered to significantly compromise the amenity of the area and where appropriate conditions of consent have been recommended to mitigate or minimise impacts (see discussion under Section 9, below). The proposal is satisfactory with regard to objective (c) of the zone.

 

The proposal is satisfactory with regard to the objectives of the 2(b) zone.

 

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

 

Residential

Clause No.

Requirement

Provided

Compliance

31(2) - Landscaped Area

50% of site area (or 247sq.m)

21% or 102 sqm

No

31(3) – Landscaped Area over Basement

Less than 50% of landscape requirement (or 124sqm)

29% or 72.12sqm

Yes

32 – FSR

0.65:1 or 321sq.m

1.75:1 or 863.1sq.m

No

33(1) – Building Height

North

South (Clovelly Road)

 

East (Beach Street

Western Side

 

33(3) – External Wall Height

North

 

South (Clovelly Road)

 

East (Beach Street

Western Side

9.5m max. overall

 

 

 

 

 

 

 

7m max. wall height

 

 

 

 

7.8-9.1m (stair 10m)

9.5-10.8m (lift overrun 12.2m)

11.5m

7.5-9.6m

 

 

 

7m- 9.5m (7.8m skylight, stair 10m)

7.9-10.4m (lift overrun 12.2m)

8.5m-11.5m

6.7m-9.6m

 

 

Yes (No)

No

 

No

No (partial)

 

 

 

No (partial)

 

No

 

No

No (partial)

Other Clauses

Effect

Applies

Comment

21

Council consent required for subdivision

Yes, subdivision proposed

Draft strata plans provided for assessment

35

Business Premises in residential zones permissible where originally constructed for that purpose and floor area less than 50sqm

Although shops have been constructed and used as such since 1933 total commercial floor area exceeds 50sqm and therefore is non-conforming use

Although shops have been constructed and used as such since 1933 total commercial floor area exceeds 50sqm and therefore is non-conforming use

46

Vicinity of Heritage Item or within conservation area.

Heritage items nearby the subject site at 317 and 319 Clovelly Road. Not in a conservation area.

See discussion below.

 

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 statutory standards is not required in this instance. The relevant clauses of the RLEP have been discussed under Sections 9.1, 9.2 and 9.4 of this report.

 

Clause 21 – Subdivision

 

The draft strata plans provided reflect the development as originally submitted. Amended strata plans have not been lodged reflecting the changes in the plans for approval. As the changes are relatively minor, and the plans will be further amended by Deferred Commencement conditions, strata approval can be granted subject to a condition requiring new strata plans reflecting the development as approved being prepared with the subdivision certificate application. There are no minimum lot requirements for subdivision in the 2(b) zone, the LEP requirements have been satisfied.

 

Appropriate strata conditions, including conditions in relation to carparking allocation have been recommended (see Conditions 4 and 122-125).

 

Vicinity of Heritage Items

 

The development is nearby to heritage items on the corner of Clovelly Road and Arden Street to the west of the site.

 

Above: Walders Corner (foreground) and Pohills Corner (background) are listed heritage items under RLEP98.

 

The development has been designed with consideration of heritage issues as the site was previously included as part of a draft heritage conservation area. The façade of the building is masonry, consistent with the nearby heritage items and includes heritage proportions (such as a vertical rather than horizontal fenestration pattern). Council’s Design Review Panel has made an assessment of the aesthetics of the proposal and the applicant has made changes in accordance with the Panel’s advice, including a new materials and colours sample board.

 

The development will not impact on the heritage value of the surrounding area and in particular on the curtilage of nearby heritage items on Clovelly Road.

 

(b)    State Environmental Planning Policy 10– Retention of Low Cost Housing (SEPP 10)

 

Clause 7(2) requires Council consent for strata subdivision and alterations and additions to residential flat buildings classed as “low-rental residential buildings” under clause 6 of the SEPP. Under the SEPP demolition of low-rental residential buildings does not require the concurrence of the Department of Planning. It is unclear if the existing building is classed as a “low-rental residential building”, however as the existing building is proposed for demolition, details of rental levels and further consideration of the SEPP is not required.

 

(c)    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. Although the adjoining site is currently used for automotive purposes, Council’s Environmental Health officer considers cross site contamination unlikely and has indicated that the site is suitable for the proposed residential and commercial use.

 

Council has carefully considered the issue of contamination, proposed appropriate conditions and fulfilled its obligations under SEPP 55.

 

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

 

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. Any redevelopment of the site which includes dwelling units should achieve consistency with the design quality principles embodied in SEPP 65. This approach has been reinforced by the Land and Environment Court in a recently adopted planning principle regarding Existing Use Rights (Fodor Investments vs Hornsby Shire Council). The application has been considered by Council’s Design Review Panel. The Panel’s comments are included in section 6.4, above.

 

The amended plans received on 24 February 2006 responded to the Panel’s comments and as discussed in section 6.4, the proposal is considered satisfactory with regard to SEPP 65 and the principles of good design.

 

8.1  Policy Controls

The following Council policy controls may be used as a guide in assessing the proposed development.

 

§ DCP – Parking 1998

§ Section 94 Contributions Plan

§ Contaminated Land Policy 1999

§ Rainwater Tank Policy 2003

§ DCP – Multi Unit Housing

 

a.       Multi Unit Housing DCP

 

The DCP for Multi-Unit Housing states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. As the site benefits from ‘Existing Use Rights’, the provisions of the DCP cannot be enforced. The table below is provided to indicate the performance of the proposal against the Preferred Solutions, and demonstrate its compatibility with surrounding and likely future development. A merits based assessment against the objectives of Council’s controls and the likely impacts of the development has been provided in Section 9, below.

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1  Development applications accompanied by Site Analysis Plan.

 

Complies

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

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

Complies

P3  Development on corner sites responds to both street frontages.

 

Complies

Height

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

 

Complies

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

 

Complies

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Complies

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

 

 

 

 

 

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

 

Minimum length of any step is 3 metres.

Northern Side

Does not comply

First floor inclusive of balconies Av. 3.63m excluding balconies 3.95m

Second floor inclusive of balconies Av. 3.65m excluding balconies 5.12m which would comply

Complies. Minimum side setback to both levels is 3.0m

Complies Second floor is 16m, but first floor provides articulation to <10m wall length

Complies

P3  Rear Boundary Setbacks

Ensure that:

§ solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

Due to site orientation and street alignment, no rear setback requirement for this site.

Density

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

 

 

Complies

Fences

P1  Fences to be/have: 

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

Fences not provided, walls to Beach Street are consistent with adjoining properties which are set above basement parking resulting in high front walls.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

Complies

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

 

Does not comply, has been allocated to Units 2 and 3 as private open space including garden areas.

P3  Private Open Space

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

 

Complies

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

 

Complies

P6  Flats and apartments

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

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

Complies

Privacy

P1  Visual Privacy

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

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

Complies. Privacy impacts have been appropriately mitigated or conditions applied, see discussion below.

P2  Private open space design and location ensure privacy.

 

Complies

P3  Acoustic Privacy

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

 

Complies

P4  Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

Conditioned to comply

View Sharing

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

 

Complies. Surrounding properties and levels have been adequately plotted to allow for assessment.

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

 

Does not comply. Roof terrace projections will increase loss of outlook to adjoining properties, see discussion below.

P3  Buildings are aligned to maximise view corridors between buildings.

 

Complies, corridor along northern side of existing building retained.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

Complies

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

 

Complies

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

 

Complies

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

 

Complies

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

Complies All dwellings achieve 3.5(+) stars.

P5  Buildings have roofs with pitch suitable for solar collectors.

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

Complies. Solar hot water system shown on roof plan

Safety and Security

P1  Design allows surveillance.

 

Complies

P2  Approaches and entries are visible.

 

Complies

P3  High walls and structures avoided.

 

Complies

P4  Resident car parking has security grilles or doors.

 

Complies

P6  Adequate lighting for personal safety and security provided.

 

Conditioned to comply

P7  Adequate lighting is provided in common areas.

 

Conditioned to comply

P8  External lighting does create a nuisance.

 

Conditioned to comply

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Refer to table under DCP - Parking, below

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

 

Complies

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

 

Not Required

P3  Secure storage for bicycles is provided.

 

Conditioned to comply

Driveways and Manoeuvring Areas

P1  Areas of driveways and manoeuvring are minimised.

 

Complies

P2  Vehicles enter/ leave in a forward direction.

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

Complies

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

S3  Long driveways provide passing bays.

Not Applicable

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

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

Complies, setback not provided but traffic control measures and planting provided in alternative ways to ensure safety and streetscape objectives are met.

P5  Materials and finishes are consistent.

S5  Large expanses of uncoloured concrete avoided.

Complies

P6  Driveway gradients safe.

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

Complies

Storage

P1  Accessible and separate storage for each dwelling.

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

Complies

Barrier-Free Access

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

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

Conditioned to comply with BCA

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

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

 

Not Required

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

 

Not Required

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

 

Not Required

Utilities/Site Facilities

P1  Mailboxes provided in accordance with Australia Post.

 

Conditioned to Comply

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

 

Conditioned to Comply

P3 – P6  Utilities Requirements

 

Conditioned to Comply

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

 

Complies

Waste Minimisation and Management

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

 

Complies

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

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

Complies

 

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

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

a) Number

Residential

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Commercial

 

 

 

 

 

 

Bicycle Storage

 

 

 

Accessible Parking

 

 

Car Wash Bays

 

b) layout

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 (3 x 1.2 = 3.6 spaces)

 

1.5 spaces required for each three bedroom dwelling (1 x 1.5 = 1.5 spaces)

 

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

 

1 space per 40m2 GFA (343/40 = 8.5 spaces)

 

TOTAL SPACES REQUIRED = 16 SPACES

 

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

(1 bike space)

 

1 space per dwelling in accordance with MUH DCP. (not required)

 

1 per 12 dwellings (0 bays)

 

As per DCP.

 

1 space

 

 

 

 

5 spaces*

 

 

 

 

2 spaces

 

 

 

 

0 space

 

 

 

 

4 spaces

 

12 spaces (includes 6 spaces in stacker)

 

 

Not Indicated

 

 

 

 

0 spaces

 

 

 

0 bays

 

 

Adequate turning areas provided.

Yes

 

 

 

 

Yes

 

 

 

 

Yes

 

 

 

 

No

 

 

 

 

No

 

No

 

 

 

No1

 

 

 

 

Not Required

 

 

 

Not Required

 

 

Yes

* Spaces in stackers to be allocated requiring allocation of 4 spaces in stacked arrangement to two dwellings, additional space is to be allocated to third 2 bedroom dwelling

1 May be conditioned to comply

Note: The plans have been marked to indicate 13 spaces,however this is a typographical error and only 12 spaces are provided.

 

Although spaces provided within the mechanical car stackers can be accessed individually (ie: while two cars are parked each vehicle can be independently retrieved from the stacker) it is considered prudent that both the spaces provided in each of the stackers serve only 1 unit. In order to achieve this, spaces within the car stackers are to be dedicated to the larger 2 & 3 bedroom residential units (see Condition 4). The provision of bicycle spaces in accordance with the DCP- Parking is also a recommended condition. Discussion of compliance with the DCP – Parking can be found under sections 6.2 and 9.9 of this report.

 

8.2  Council Policies

 

a.   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 result of this assessment a condition of consent has been proposed requiring the payment of monetary contributions relating to open space, community facilities and administration charges totalling $3,503.15 for the residential component of the development.

 

No contribution in relation to townscape or carparking may be levied for the commercial component of the development as the site is not located within a commercial centre and there is no increase to the gross floor area of the commercial use on the site as a result of the proposal.

 

b.  Contaminated Land Policy, 1999

 

Council’s Contaminated Land Policy applies to the site and has been addressed by Council’s Environmental Health Officer in section 6.1. The proposal is satisfactory with regard to Council’s Contaminated Land Policy.

 

c.     Rainwater Tank Policy, 2003

 

Council adopted a Rainwater Tank Policy on the 14th October 2003. The Policy encourages water conservation and reduce demand for potable (drinking) water. Condition 31 requires the applicant to provide appropriate measures in accordance with the Policy.

 

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1   Height, Form and Materials

 

The development has an overall height (and external wall height as a flat roof profile is proposed) ranging between 6.7 to 12.2 metres. The proposal exceeds the maximum permissible height and wall height for development on the site, being 9.5 and 7 metres, respectively. Although the statutory standard cannot derogate from existing use rights provisions, the merits of the proposal can be discussed with regard to FSR and the resultant bulk and scale of the development.

 

It should be noted that the difference in ground levels between the northern and southern boundaries of the site currently provides for a two storey building to Clovelly Road which appears as a single storey building to the northern side. The proposal will also result in a difference of one level between the scale presented to Clovelly Road and Beach Street (3 storeys) and that presented to the northern boundary (2 storeys above natural ground level). This topography also results in greater non-compliance with the statutory height standard on the southern (Clovelly Road) and eastern (Beach Street) elevations than on the northern and western elevations.

 

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

 

The proposal has been designed to respond to the sloped topography of Clovelly Road, taking the roof ridge of the existing building which is broken into two levels as a guide. The building has been designed with a western portion that is higher (by approximately 1 metre) than the eastern portion and this follows the eastern slope of Clovelly Road.

 

A measure as to the suitability of the development and the extent of impact to adjoining properties are the minimum amenity standards contained within Council’s Multi-Unit Housing DCP. The applicant has provided shadow diagrams showing all surrounding allotments in plan form (as required for this DA) at midwinter, the equinoxes and midsummer. The proposal maintains solar access to surrounding properties and achieves the minimum of 3 hours to all neighbours with shadows largely falling on the roadway.

 

The non-compliance of the development has been assessed in terms of its impact on views and visual and acoustic privacy (see Sections 9.5 and 9.6). The outcome of this assessment is that the general form of the development, being 2-3 storeys is consistent with the development standard for overall height and the setback of the top floor will meet the intent of the wall height standard, being to present a two storey proportion to the street in 2(b) zones. The isolated areas of maximum non-compliance, being the lift and stair access to the roof terrace and the roof terrace itself may result in significant acoustic privacy and impacts on view/ outlook from 16 Beach Street. Although this area would provide additional amenity to the dwellings within the development, the non-compliance of this portion of the proposal suggests these impacts are unreasonable. Deferred Commencement Condition 1 requires that the roof terrace be deleted from the proposal and the stair and lift access be reduced in height. The maximum height of the development as modified by Deferred Commencement Condition 1 would be 9.1 metres (compliant) to the northern elevation and this will ensure that amenity impacts of the development on the adjoining residential flat building are minimised. As discussed above, the height of the proposal to Clovelly Road and Beach Street is considered to be appropriate in the circumstances and will not result in significant bulk and scale impacts on the existing streetscape.

 

The proposal does not meet the floor space ratio control, but has an FSR that is commensurate with surrounding residential flat developments that predate the 2(b) zoning of the site. The development does not comply with the landscaping standards set under RLEP98, however it will improve upon the existing situation by providing open space areas that are accessible from the new dwellings. Deep soil planting will be maintained to part of the northern boundary to minimise the impact of the increased height of the development on the adjoining property to the north.

 

The building exceeds the allowable height standards under RLEP98, however (subject to compliance with Deferred Commencement Condition 1), this will not result in adverse impacts on existing residential development. The development meets the objective of the external wall height and overall height standards, being to set upper limits for the height of buildings which are consistent with other development controls such as FSR and landscaping and have regard to the amenity of surrounding properties. The height of the proposal (as amended further by Deferred Commencement Condition 1) is satisfactory given the surrounding context and lack of impacts on adjoining development.

 

9.2   Density

 

The FSR of the proposal (as amended) is 1.75:1 (863.1m2) and exceeds that permissible under clause 32(1) of the RLEP 98 for a development on the site, being 0.65:1 (321m2), by 542m2. Although the statutory standard cannot derogate from existing use rights provisions, the merits of the proposal can be discussed with regard to FSR and the resultant bulk and scale of the development. The existing building on the site has an FSR of approximately 1.27:1 (630m2) and also exceeds the current FSR standard.

 

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

 

Consistent with the objective of the FSR standard, the development minimises impacts to neighbouring properties despite the non-compliance of the proposal with the density standard of 0.65:1. Approximately 40% of the floor area proposed is located below existing ground level on the northern side of the site. This arrangement has minimised the impact to adjoining residential developments by limiting the bulk of the proposal to two storeys as viewed from the north.

 

The FSR standard makes a general relationship between the site area and allowable density in order to ensure Council’s other statutory and policy controls can be met. Despite the non-compliance with the FSR standard, the proposal achieves a high degree of compliance with Council’s controls for setbacks, solar access and carparking. The height non-compliances occur to Clovelly Road and Beach Street and to isolated parts of the northern elevation. These non-compliances will be addressed by removal of the roof terrace. As discussed in this report, the FSR of the proposal will not result in overshadowing, inadequate landscaping or privacy impacts. The design amendments made to the materials and form of the development have reduced its visual bulk and improved its relationship to the street.

 

The development is consistent with larger built forms in the vicinity and will not result in excessive building bulk on the street. The site is not highly visible from surrounding areas or the foreshore and the bulk of the additional floor space has been adequately articulated to reduce impacts on the outlook of surrounding properties.

 

 

Above: 3-4 storey residential flat buildings in the immediate vicinity of the site, left on Clovelly Road and right on Beach Street.

 

The commercial tenancies proposed to the ground floor along the street frontages will contribute to the availability of services to the local area without resulting in significant impacts in terms of traffic, parking or increased noise. Clovelly Road is highly trafficked and the ground floor of the development on the southern side of the building (facing Clovelly Road) does not offer good opportunities for visual, acoustic privacy and solar access for residential uses. In this instance the provision of low –density commercial use is considered appropriate.

 

As the site enjoys the benefits of existing use rights, compliance with the floor space ratio standard cannot be enforced, notwithstanding the protection afforded by existing use rights the proposal achieves the objectives of the FSR standard and is considered satisfactory with regard to clause 32 of the LEP.

 

9.3   Building Setbacks

 

The aim of Council’s preferred solutions with regard to setbacks is to achieve consistency along street frontages. The nil setbacks to Clovelly Road and Beach Street are consistent with the commercial use on the ground floor (and the nil setback of adjoining properties to the west along Clovelly Road) and will reinforce the corner location of the site. The upper floor levels have been set back from the street frontage to provide for balconies and articulation to the street façade. The setbacks to the street frontages are satisfactory.

 

The proposal also has a nil setback to the western side which adjoins the building at 337-339 Clovelly Road which has a close to nil (300mm increasing to 900mm at the rear) setback to the common boundary. The nil setback to the western side is consistent with the practice in commercial shopping strips of providing a street wall where the facades of individual buildings form a wall and reinforce the street edge. As a boundary wall is provided to the adjoining site the nil setback of the proposal will not result in any additional amenity impacts.

 

The northern side boundary setbacks do not meet the preferred solutions for average setbacks, although the preferred solutions for minimum setbacks are achieved by the development. At the first floor level the building fails to meet the average setback by 370mm. This figure includes the balcony to bedrooms 1 and 2 of Unit 3 which is elevated above the private open space for this unit. If this balcony were removed from the first floor level, the average setback would increase to 3.95m and result in a minor non compliance of 5mm with the preferred solution. Such a non-compliance would not be easily discernible and the increased average setback would achieve the objective of the preferred solution which is to ensure adequate space between buildings, minimising the potential for increased bulk and scale impacts to the adjoining dwellings at 16 Beach Street. Removal of the balcony from the bedrooms in favour of windows will not result in any significant amenity impact to Unit 3 and this has been included in Deferred Commencement Condition 3.

 

At second floor level the development achieves an average setback of 3.65m which does not comply with the preferred solution by 350mm. Again, this calculation includes the balcony and planter box provided to the northern side of Unit 5 which services bedrooms and the balcony to Bedroom 1 of Unit 2. The applicant has submitted sections which indicate that the elevation of the balcony and the planter boxes to the Unit 5 balcony will prevent an angle of view to the private open spaces of the adjoining residential flat building and the planter boxes provide separation between the balcony and southern elevation of the building at 16 Beach Street of 9 metres. Therefore significant overlooking from this balcony to 16 Beach Street is unlikely to occur. However, the balcony and associated planter box and balustrading are considered to increase the visual bulk of the building in close proximity to the northern boundary of the site. This will have a negative impact on the courtyards of Units 1 and 2 of 16 Beach Street which are at a lower ground level than the subject site. The removal of these elements will result in a compliant average setback and provide a built form that recedes towards the top (similar to the existing pitched roof building on the site at the moment. Deferred Commencement Condition 2 requires that the planter box be deleted and the balcony removed in favour of non-trafficable roof with a parapet). Removal of this balcony will increase the average setback for the second floor level to 4.92 metres which more than complies with the preferred solution. Adequate balconies which meet the preferred solutions for private open space and are accessed from living areas are provided to the east and south of this dwelling and removal of this balcony will not result in significant reduction of amenity.

 

Above: View  looking southeast from the courtyard of Unit 2/16 Beach Street to the northern elevation of the existing building on the subject site at 343-355 Clovelly Road. Note the difference in ground levels.

 

The juliette balcony to Bedroom 1 of Unit 2 is setback 3 metres off the boundary. The balcony is set at RL 51.5, which is at the approximate level of Level 4 of the adjoining building at 16 Beach Street. This is the upper terrace level of Unit 3 and the lower level of Unit 4 in this development. The location of the balcony at the western end of the site will not provide for significant overlooking of the terrace of Unit 3 or windows of lower level rooms in Unit 4. The balcony is associated with a bedroom and is therefore is unlikely to result in extensive or prolonged use. The applicant has provided sliding screens to the edge of the balcony so that the doors of the bedroom may remain open whilst still maintaining some weather protection. The balcony will not result in significant bulk and scale impacts to the adjoining property at 16 Beach Street as ground levels increase towards the western end of the adjoining site and the dense vegetation which exists at the moment in this location does not provide outlook to the courtyards of lower level dwellings. The balcony is opposite the deep soil landscaping zone and the proposed plantings will soften the appearance of the northwestern corner of the development.

 

Above: View of existing vegetation and building to the west of the subject site from lower level of Unit 3/16 Beach Street.

 

The development meets the DCP requirement for articulation to all elevations, providing modulation of all wall surfaces and minimising flat areas of façade to less than ten (10) metres in length. The materials and finishes indicated with the application add to the visual interest of the facades and are well integrated to emphasise the articulation of the building.

 

The building (subject to compliance with conditions of consent) is satisfactory with regard to building setbacks.

 

9.4   Landscaping and Private Open Space

 

The development provides 21% (102m2) of the site area as landscaping. This does not comply the statutory requirement under clause 31(1) of the RLEP98 of 50% (247m2) by 145m2. The amount of landscaping over the basement/ podium levels represents 29% (72m2) of the landscaping requirement and complies with the maximum permissible under clause 31(3) of the RLEP98, being 50% of (124m2) of the required landscaping.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes. The existing development on the site has a similar provision of landscaped area (22% of site area). The proposal will maintain this provision and improve site amenity by providing basement carparking which accommodates some deep soil provision and over slab planting. The landscaped area has been concentrated to the northern edge of the site to gain maximum solar access and maintain the existing landscape screening between the site and adjoining residential flat building. The landscaping proposed is considered to be appropriate given the existing situation non the site and the surrounding context of the development which is mixed in character including many commercial developments, which if located in a business zone would not be subject to any landscape requirements.

 

There is no significant vegetation on the site at present. The landscape plan lodged with the application has not been updated in response to the comments of Council’s Design Review Panel and the amended plans. A new landscape plan is to be provided to and approved by Council prior to operation of any consent (see Deferred Commencement Condition 4). This will ensure the landscaped area provides areas of open space that can be used for recreational purposes and also makes a positive contribution to the streetscape and adjoining properties consistent with the objectives of the landscape controls.

 

The area of deep soil planting will provide for stormwater infiltration in accordance with the objectives for deep soil planting. Although the proposal represents a reduction from the existing deep soil provision, the incorporation of some deep soil planting will provide for recirculation of stormwater to the groundwater table. The development has been conditioned to provide a rainwater tank in accordance with Council’s Rainwater Tanks Policy and this will increase the reuse of rainwater on site consistent with the objectives of the standards.

 

Although the large roof terrace proposed provides communal open space for the enjoyment of all units, its size and elevation raise concerns regarding acoustic and visual privacy. The stair and lift access required to this area result in additional building bulk and height which will impact on the streetscape and outlook from the adjoining property to the south. For these reasons it is considered the roof terrace should be deleted. This has been recommended in Deferred Commencement Condition 1. Consistent with the definition of landscaped area in the RLEP98, the roof terrace has not been calculated and removal of this element will not affect the landscaped area calculation. There is no communal landscaping requirement in the DCP, and removal of this element is not considered to significantly reduce amenity in the development, particularly given the proximity of the site to local beaches, foreshore reserves and parks. Section 94 contributions have been levied with regard to open space to cater for the increased demand on these public open spaces generated by the development.

 

Each unit has at least one balcony of suitable depth to allow for ventilation and recreational use. North facing first floor units have courtyards that provide private open space at ground level.

 

Conditions of consent proposed by Council’s Development Officer have been included in the Recommendation section of this report (see Conditions 126-131).

 

The proposal is satisfactory with regard to landscaping.

 

9.5   Privacy

 

The site has two street frontages and a third boundary which faces an existing building built close to the boundary. The arrangement of the building around the perimeter of the site has minimised the potential for overlooking of the adjoining property to the north (16 Beach Street).

 

At first floor level (ground level to the north of the site) windows are provided to bedrooms of Unit 3 and living, dining rooms and kitchens of Units 2 and 3. The windows to Unit 2 will not result in overlooking of surrounding properties due to the deep soil planting and fencing proposed and the relative levels between the sites which are similar at this point along the boundary.

 

Towards the eastern end of the first floor level bedroom windows to Unit 3 and a balcony are proposed. The provision of a balcony in this location is considered likely to overlook the adjoining property at 16 Beach Street and increases building bulk. As such, the balcony is to be deleted and the bedrooms provided with windows only (see Deferred Commencement Condition 3). Screen planting and fencing will assist in screening the subject site from the adjoining building. The wall to wall distance between the properties after deletion of the bedroom balcony will be 8.6 metres and will approximate the 9 metres recommended in best practice documents.

 

At the northeastern corner of the site, dining room windows and a small terrace providing access to the courtyard space are provided to Unit 3. The location of these elements close to the Beach Street frontage of the site has minimised the impact to the adjoining property at 16 Beach Street. Unit 1/16 Beach Street does have principal private open space to the front of the site at 16 Beach Street, however existing dense planting along the southern boundary of this property precludes overlooking between the sites. The provision of additional screen planting to the subject site and the setback of the dining room area combined with the proposed boundary fencing will not allow overlooking from the new development to this terrace. This has been demonstrated by the applicant in the part section g-g submitted with the February amendments.

Above: View from terrace of 1/16 Beach Street looking towards subject site, dense planting on the southern boundary of 16 Beach Street precludes overlooking.

 

At second floor level, north facing windows are provided to 2 bedrooms of Unit 2, two bedrooms in Unit 5, the living room of Unit 5 and bathrooms to both dwellings. A juliette (1m) wide balcony is provided to Bedroom 1 of Unit 2 and a long balcony 1.3m wide plus planter box is provided along the northern edge of Unit 5.

 

The provision of bedroom and bathroom windows along this elevation at second floor level is not considered to result in any significant privacy impacts. The distance between the southern elevation of 16 Beach Street and the northern elevation of the development is 7.3m to 9.8m. Where the distance is less than 9 metres (towards the western end of the site), deep soil planting has been incorporated which will provide the additional screening not provided by physical separation. Sliding privacy screens are provided to the balcony to Bedroom 1 of Unit 2 and these will minimise any impact from the balcony.

 

Towards the eastern end of the distance between the elevations is 9.8 metres (exclusive of balconies) and this distance is considered sufficient to minimise overlooking. Although the applicant has indicated in section that the planter boxes to the edge of the north facing terrace to Unit 5 prevent significant overlooking of 16 Beach Street, these elements increase the bulk of the building and its proximity to the boundary. In order to reduce visual bulk and the perception of overlooking from 16 Beach Street, Deferred Commencement Condition 2 requires removal of the balcony and planter boxes.

 

The proposed roof terrace has been provided with a planter box which cuts the angle of view to 16 Beach Street. This combined with the separation distance of over 9.5 metres assists in minimising visual privacy impacts to the terrace of 3/16 Beach Street to the north of the site. It is noted that the terrace of 3/16 Beach Street is very large and exposed, occupying the whole of the roof of the floor below and that a large area of the terrace is already overlooked by 4/16 Beach Street, the unit above (see photo below). However, as the terrace proposed in this application is for communal use, the opportunities for acoustic privacy impacts to surrounding properties are considered to be greater than the existing private terraces on the adjoining building. In addition, the stair and lift required to access the terrace increase the visual bulk of the development and its height and are considered inappropriate. For these reasons, it is recommended the terrace is deleted (see Deferred Commencement Condition 1).

Above: View from terrace of 4/16 Beach Street which overlooks a substantial area of the terrace of Unit 3/16 Beach Street below.

 

The development has incorporated features to mitigate privacy impacts and (subject to conditions) meets Council’s performance requirements and preferred solutions with regard to privacy.

 

9.6   View Sharing

 

Distant ocean, headland and district views are enjoyed to the east, south and southeast from the upper level roof terraces of Units 3 and 4 of 16 Beach Street. The existing views to the south and southeast of the terrace to Unit 4 are achieved over the existing building on the subject site as illustrated by the photographs below:

Above: Panoramic view looking Southeast to southwest from the terrace of Unit 4/16 Beach Street across the subject site at 343-355 Clovelly Road.

 

Above: View looking Southeast to southwest from the terrace of Unit 3/16 Beach Street across the subject site at 343-355 Clovelly Road. Note, the roof of the existing building impedes clear views from this terrace.

 

District and distant views are also achieved to Waverley Cemetery, the ocean and horizon due east from these terraces across existing development on the eastern side of Beach Street.

 

Above: View looking east from the terrace of Unit 3/16 Beach Street.

 

Above: View looking east from the terrace of Unit 4/16 Beach Street.

 

As indicated by the photographs above, the existing easterly view from the upper level terraces at 16 Beach Street will not be affected by the development. The development will have some impact on the outlook to the south and south east from these terraces.

 

Performance Requirement P6 under section 4.3 Height, Form and Materials of the Dwelling Houses and Attached Dual Occupancies DCP requires that “P6 Buildings are designed to allow a sharing of views”. The concept of ‘view sharing’ was further defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004). The Senior Commissioners discussion of the notion of view sharing is provided below as background:

 

25 The notion of view sharing is invoked when a property enjoys existing views and a proposed development would share that view by taking some of it away for its own enjoyment. (Taking it all away cannot be called view sharing, although it may, in some circumstances, be quite reasonable.) To decide whether or not view sharing is reasonable, I have adopted a four-step assessment.

 

26 The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

The views from 3/16 Beach Street to the southeast are district land views and interrupted water view to the horizon. It should be noted that the view in this direction is already substantially obscured by the pitched roof form of the existing building on the site, as indicated in the photos above.

 

The views from 4/16 Beach Street to the southeast are also district land views and water view with less interruption than that from 3/16 Beach Street due to the increased elevation of this property. In the distance of this view, the northern Coogee headland and the coastline including breaking water can be seen. It should be noted that the distance of this property from the land-water interface means that future development in a wide number of locations closer to the foreshore could potentially remove the coastal (and land/water interface) component of the view.

 

27 The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

The main view aspect from 3/16 Beach Street is due east. This is across the front boundary and will not be affected by the proposal. The small area of aspect to the southeast (across the hip of the existing pitched roof) is gained across the southern side boundary and is more difficult to protect in terms of view loss. The currently available views are available from a seated and standing postion.

 

The view aspect from 4/16 Beach Street is to the east, south and southeast. As for 3/16 Beach Street views to the east are across the front boundary of 16 Beach Street, whereas the views to the south and southeast are across side boudnaries. As the outlook is from a large open terrace area, views can be achieved from seated and standing positions. The photographs above are taken from a standing position.

 

28 The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

The extent of the impact on 3/16 Beach Street is considered to be negligible. The area of view lost is minor, being the area filled in by the development having a flat roof as opposed to the pitched, hipped roof that exists on the site at the moment. The existing view from the covered terrace area and living rooms of this property is obscured by the existing building on the site (see photo below) and due to the existing building there additional impact of the development on the outlook from this area is negligible. As district and ocean views are available in an easterly direction from this terrace, the loss of a small area of view from an exposed area of the terrace is not considered to be significant.

 

Above: View looking south from the covered area of terrace at 3/16 Beach Street.

 

The development will result in loss of the southerly portion of the view from the terrace at 4/16 Beach Street and loss of some district view to the south east (ocean view will be retained). The extent of the view loss may be considered to be moderate, as the views lost are distant and may be interrupted by future developments between the site and the foreshore and the expansive view opportunities to the east and northeast from the terrace.

 

29 The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

The building complies with the 9.5m height limit along the eastern half of the northern elevation (the critical elevation for view impacts to 16 Beach Street). The height limit is breached by the lift shaft, awning to the roof terrace and stairs towards the middle of the northern elevation. To the western end of this elevation the 9.5m overall height limit is observed, however the 7m wall height is breached by the skylights and a portion of the parapet.

 

The development complies with the overall height limit to the eastern end of the site on the northern side. The view loss impacts to 3/16 Beach Street are therefore considered to result from the change from a pitched to a flat roof. These impacts are considered reasonable given the quality of views lost, opportunities for views from the other portions of the terrace and location of the views across a side boundary. The proposal is considered to have mitigated its impact by providing open balconies to the eastern end of the development to reduce the solidity of the building at this point and maximise the opportunity for retention of outlook across the site.

 

The loss of ocean, district and distant headland and land/water interface views from 4/16 Beach Street is the result of the lift and stair access to the roof terrace. A portion of the outlook (at the southwestern edge of the existing view) will be lost as a result of the roof and skylight of the western part of the development. The stair and lift access both breach the statutory height standard of 9.5 metres. The skylight complies with the overall height standard. While it is noted that the coastal views from the terrace at 4/16 Beach Street are a considerable distance from the site and there are significant view aspects to the east, the non-compliance of these elements of the building are considered to result in view impacts which are ‘unreasonable’. In order to address concerns regarding acoustic privacy the roof terrace is to be deleted (see Deferred Commencement Condition 1). Deletion of the roof terrace will provide a side benefit of reducing the height of the stair and lift so that they do not interrupt the outlook from the terrace in such a significant way. While the skylight will interrupt the view to the western end of the panorama provided above, the view lost as a result of this part of the development is comprised of rooftops and district views which are not highly significant. As the skylight complies with the height standard and the views lost from this portion of the development are not considered high quality, this impact is considered to be reasonable.

 

The development, subject to modifications required by the deferred commencement conditions is considered satisfactory with regard to view and outlook sharing.

 

9.7   Solar Access and Energy Efficiency

 

With regard to solar access, the proposal meets the requirements of the DCP maintaining at least 3 hours of midwinter solar access per day to surrounding properties. Living areas within the development have been located to maximise exposure to the northern aspect in order to achieve good solar access to the dwellings.

 

The layout of the building which concentrates the building form to the street edge and maximises the north facing landscaped area has allowed for the provision of operable windows to habitable rooms and encourages passive ventilation to all units in accordance with ESD principles. The incorporation of some two-storey units into the mix has increased opportunities for cross ventilation and improved the overall amenity of dwellings within the development.

 

The applicant has submitted a NatHERS report of the dwellings in the proposed development, which shows that all dwellings achieve a rating of 3.5-5 stars. This meets Council’s minimum requirement of 3.5 stars.

 

The proposal has achieved excellent solar access and energy efficiency for the units proposed without a significant reduction in solar access for surrounding properties.

 

 

9.8   Safety and Security

 

The development meets the requirements of the Multi-Unit Housing DCP with regard to safety and security. The development provides residential entry from Clovelly Road secured via an intercom system. Retail entries are also provided from Clovelly Road as per the existing situation. A roller shutter and intercom access has not been indicated to the basement parking, conditions requiring this provision have been applied (see Condition 6). All floors of the building have living areas to units and balconies that are oriented towards the three street frontages to provide opportunities for passive surveillance of the street.

 

The development meets the safety and security requirements of Council’s Multi-Unit Housing DCP.

 

9.9   Traffic and Parking

 

The development meets Council’s requirements with regard to resident car parking provision. The development does not provide the required commercial parking under the DCP – Parking of 9 spaces, providing 4 on site spaces for the retail component of the development. The proposal is also deficient one residential visitor space.  Although the commercial/visitor parking provision is 6 spaces short, the overall parking provided is only 4 spaces short of the DCP requirement due to the over provision of parking to the residential portion of the development due to the required allocation of spaces contained within car stackers.

 

The existing building on the site provides 314m2 of commercial floor space and 4 x 2 bedroom units. The existing development on the site generates the following parking requirement/ compliance under the DCP:

 

 

Standard

 

Requirement

 

Provided

 

Compliance

 

a) Number

Residential

 

 

 

 

 

 

 

Commercial

 

 

 

 

 

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 spaces required)

 

1 space per 40m2 GFA (314/40 = 7.85 spaces)

 

TOTAL SPACES REQUIRED = 14 SPACES

0 spaces

 

 

 

 

0 spaces

 

 

 

 

0 space

 

 

0 spaces

 

No

 

 

 

 

No

 

 

 

 

No

 

 

No

 

 

The existing building on the site results in a parking deficiency of 14 spaces. This may be applied as a parking ‘credit’ on the site and indicates that the impact of the 6 space deficiency proposed will be negligible compared to the overall benefit of the development in providing on site parking where none is currently provided. The development will improve the current situation by 8 parking spaces and sufficient parking is provided on site to meet the residential and commercial demands of the development. The commercial tenancies currently occupying the site do not have access to any parking and the provision of one space per tenancy is considered adequate to meet the demand of these small scale retail uses.

 

The allocation of spaces could be adjusted to accommodate a residential visitor space, however this would be at the expense of a residential parking space. Such an allocation is likely to have a bigger impact on on-street parking spaces as the occupant of the dwelling would then have to park on the street, while a visitor space was potentially unoccupied inside the basement.

 

The proposal as originally submitted to Council included 15 car spaces and resulted in a deficiency of only one space. The amended plans received in February 2006 removed spaces in favour of increasing the deep soil landscaping provision on the site to improve amenity to surrounding properties and the site. Given existing site conditions, the loss of two parking spaces in favour of improved landscaping is considered to have minimal impact on parking while improving the amenity of the area.

 

Concern has also been raised by local residents that the new driveway will result in loss of on-street parking spaces. The driveway crossover is to be limited to 3.5 metres in width by Condition 5. This represents one on-street space. As can be seen in the table above the development will increase off street parking provision in the area by 12 spaces. The loss of one on street space to provide the increased parking is not considered to be significant, particularly as on-street parking outside the Clovelly Road frontage of the site will be maintained.

 

Bicycle parking has not been indicated on the plans in accordance with the DCP – Parking. The required bicycle parking of 1 space is to be incorporated into the basement under Condition 1. The driveway width and gradient proposed from Beach Street meets Council’s requirements. The Development Engineer has provided comments that the carparking provision is satisfactory.

 

The development is considered to be satisfactory with regard to traffic and parking provision.

 

9.10 Fences

 

As a nil setback is proposed to Clovelly Road and Beach Street due to the commercial usage, no front fencing is proposed. This is consistent with the existing situation. Towards the northern end of the Beach Street frontage the garage entry acts as a ‘fence’ and has a height of 3.4 metres. This is consistent with the established streetscape along the western side of Beach Street which is characterised by high retaining walls with properties set above street level.

 

Along the northern boundary of the site (shared with 16 Beach Street), fencing to a height of 1.5 metres above the ground level on the subject site is proposed. The fencing has been minimised in height to try and reduce visual bulk and scale impacts on existing courtyards of 16 Beach Street which are at a lower ground level than the subject site. The maximum height of the fencing from these adjoining courtyards will be 2.4 metres. This is similar to the existing situation and will not exacerbate the existing conditions in the private open space of 2/16 Beach Street. The 1.5m fencing to the subject site (high side of the boundary) will ensure privacy and safety for residents of the development.

 

The development is considered satisfactory with regard to the objectives and preferred solution for fencing under section 3.5 of the Multi-Unit Housing DCP.

 

10.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The proposed upgrade and extension of the existing non-conforming stable use on the is permissible on this site under existing use rights provisions of the EP&A Act. It is considered that the scale and form proposed development is appropriate on the site given the existing character of this residential area. The development proposes a building envelope, height, and landscaping treatment that generally meet the criteria and fulfil the objectives contained within the Randwick Local Environmental Plan 1998 and Council’s Development Control Plans.

 

The proposal has been assessed against the design quality principles contained within SEPP 65 and is considered to be satisfactory.

 

The proposal will not have a significant impact on surrounding properties and the redevelopment of the site under existing-use rights provisions (outside of Council’s statutory and policy controls) will not exacerbate impacts. A merits based assessment of the proposal has been made and the proposed building form is considered to be appropriate on the site given the character of the area, the objectives and zoning of the site contained within the RLEP98. As such the application is recommended for approval subject to conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended).  “Deferred Commencement” to Development Application No DA/406/05 for Demolition of the existing building on the site and construction of a new three storey mixed use development comprising 5 x residential units, 4 x commercial tenancies and basement parking for 12 cars, strata subdivision at 343-355 Clovelly Road, Clovelly subject to the following conditions:-

 

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

 

1.       The roof terrace and associated awnings and planter boxes are to be deleted from the plans and the roof over the eastern portion of the building made non-trafficable. The lift core is to have a maximum height of RL54.90. The stairs are to be reduced to a maximum parapet height of RL54.90. The parapet to the eastern portion of the roof is to be set at a maximum RL54.10.

 

2.       The northern balcony to Unit 5 at second floor level, including the planter box is to be deleted and replaced with non-trafficable roof structure, so that the setback of the northern elevation of Unit 5 is 6 metres. The deletion is to include the northeastern corner of the eastern balcony. A parapet to a height of RL 50.64 may be provided along the northern and eastern edges of the building for consistency with the floors below. Any parapet is to be constructed in line with the northern wall of the first floor level (ie: minimum setback to northern boundary of 3.7 to 4.9 metres) and the eastern wall of the first floor level.

 

3.       The north facing first floor terrace to bedroom 1 and 2 of Unit 3 is to be deleted in favour of non-trafficable roof or a continuation of the adjacent planter box. The north facing doors to bedrooms 1 and 2 are to be replaced with windows with a minimum sill height of 1.2 metres.

 

4.       A landscape plan reflecting the architectural plans for approval is to be provided indicating the landscaping proposed to the site including the species, size at installation and size at maturity. The plan is to be prepared by a qualified landscape architect.

 

5.       The payment of additional development assessment fees of $1,726.10 being for the shortfall between the detailed estimated cost of the works and the cost of works estimated at the time the application was lodged.

 

6.       Prior to this consent becoming operational, the applicant shall obtain written consent from the owners of the adjoining property to the west (337-339 Clovelly Road) for removal of the tree located close to the common boundary. A copy of the written consent shall be submitted to Council.

 

Evidence required to satisfy the above conditions must be submitted to Council within the 12 months of the date of the consent.

 

DEVELOPMENT CONSENT CONDITIONS

 

B.      Subject to compliance with the deferred commencement condition, to the satisfaction of the Director of City Planning, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/406/05 for Demolition of the existing building on the site and construction of a new three storey mixed use development comprising 5 x residential units, 4 x commercial tenancies and basement parking for 12 cars, strata subdivision at 343-355 Clovelly Road, Clovelly subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans drawn by Jim Demetriou Group numbered Job No. 2362-C and drawing numbers DA-03, DA-04 dated Jan 06 and stamped received by Council on 24 February 2006, and plans numbered Job No. 2362-B and drawing numbers DA-05 to DA-11, dated Jan 06 and stamped received by Council on 6 February 2006, the materials and sample board prepared by Jim Demetriou Group numbered Job No. 2362-C and sheet no. DA-14 dated Jan 06 and stamped received by Council on 24 February 2006, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans:

 

2.         A secure bicycle space is to be provided in the basement of the development. Details are to be provided with the Construction Certificate application.

 

3.         The plans submitted with the subdivision certificate application are to indicate 9 lots and common property allocations and are to reflect the approved plans as amended by the details submitted to satisfy the deferred commencement conditions.

 

4.         The carparking allocation is to be as follows:

 

Tenancy

Parking Space

Shop 1

13

Shop 2

12

Shop 3

11

Shop 4

8

Residential Unit 1

10

Residential Unit 2

Stacked Space 1,2

Residential Unit 3

Stacked Space 3,4

Residential Unit 4

9

Residential Unit 5

Stacked Space 5,6

Note: Numbering above reflects the numbering on approved basement plan DA-03, dated Jan 06 and stamped received by Council on 24 February 2006

The parking allocation is to be reflected in the plans submitted for strata approval.

 

5.         The driveway crossing to Beach Street is to be a maximum of 3.5 metres in width. This condition is imposed to minimise interruption to the footpath, kerb and guttering and to clarify the plans. Details are to be provided with the Construction Certificate application.

 

6.         A roller door or gate is to be provided to the carparking to maintain security to the carparking area. The roller door or gate is to be provided with remote access for residents and tenants to prevent queuing at the entry to the carpark.

 

Details of compliance are to be provided in the relevant plans and specifications for the construction certificate.

 

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

 

Details of the proposed colour of the roof are to be submitted to and approved by the Director of City Planning, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the roofing being installed.

 

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

 

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

 

10.       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.

 

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

 

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

           

            In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

13.       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

 

14.       The applicant is to ensure the requirements of all relevant authorities and utilities are met in relation to provision of services to the development.

 

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

 

16.       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.

 

17.       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.

 

18.       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.

 

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

 

20.       Adequate lighting is to be provided within the development for personal security and safety and to all common areas. Details are to be provided on the plans submitted with the Construction Certificate application.

 

21.       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.

 

22.       The installation of roller shutters or security grilles to the shopfront is not permitted, unless a specific development consent has been obtained from Council.

 

23.       All signage and advertising must be in accordance with Council’s Development Control Plan (DCP) for Outdoor Advertising and development consent must be obtained for all signage and advertising in accordance with Council’s Local Environmental Plan 1998 (unless exempt from approval under Council's DCP for Exempt and Complying Development).

 

All advertising and signage must be written in English language or both English and relevant non-English language equally.  The use of non-English language advertising only is not permissible.

 

24.       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.

 

25.       Details of any proposed electricity power supply poles to be provided to service the development are to be submitted to and approved by Council’s Director of Planning, prior to installation.

 

26.       Solar hot water heaters, other than those shown on the approved plans 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.

 

27.       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.

 

28.       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.

 

29.       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.

 

30.       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

 

31.       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 in the basement or 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:

 

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

 

a)       for the provision or improvement of open space               $2,134.37

b)       for the provision or improvement of community facilities   $   943.78

 

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

 

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

 

33.       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.

 

34.       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.

 

35.       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.

 

36.       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.

 

37.       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.

 

38.       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”.

 

39.       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.

 

40.       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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

42.       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.

 

43.       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:

 

44.       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.

 

45.       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.

 

46.       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.

 

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

 

a)       all of the premises adjoining the subject site.

 

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

 

48.       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  details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

49.       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:

 

50.       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.

 

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

 

52.       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.

 

53.       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.

 

54.       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.

 

55.       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.

 

56.       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.

 

57.       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.

 

58.       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.

 

59.       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.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

65.       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.

 

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

 

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

 

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

 

67.       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.

 

68.       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.

 

69.       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.

 

70.       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.

 

71.       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.

 

72.       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 and peoples safety in general:

 

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

 

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

 

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

 

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

 

75.       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.

 

76.       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 report is to consider the potential for noise emissions and emissions from the car stacker and other plant and equipment servicing the development.

 

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

 

77.       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.

 

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

 

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

 

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

 

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

 

a)         $1000.00         -           Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

Note: The driveway shall be 3.50 metres wide.

 

b)       Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath and integral kerb and gutter to Council's specification.

 

c)       Reconstruct any damaged sections of kerb and gutter along both the Clovelly Road and Beach Street site frontages.

 

d)       Construct full width concrete footpath along both the Clovelly Road and Beach Street site frontages (except opposite the vehicular entrance). 

 

82.       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.

 

83.       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.

 

84.       A stop sign and holding line shall be provided on the internal driveway adjacent to the property boundary in order to improve pedestrian safety.

 

85.       The wall on the southern side of the internal driveway shall be splayed 1.2 metres by 1.2 metres at the property boundary.

 

Note: The submitted plan DA04 received by Council 24 February 2006 demonstrates compliance with this requirement.

 

86.       A convex mirror, or similar, shall be installed within the site adjacent to the northern side of the driveway in order to improve sightlines to the south for exiting vehicles stopped inside the property boundary.

 

87.       A convex mirror, or similar, shall be installed within the site adjacent to the southern side of the driveway in order to provide satisfactory sightlines to the north for exiting vehicles stopped inside the property boundary.

 

88.       Prior to the issuing of a construction certificate, the applicant is to engage a suitably qualified traffic engineer to determine whether the proposed traffic signals are appropriate. Exiting vehicles must always give way to entering traffic to ensure that queuing in Beach Street does not occur. Details demonstrating how this requirement will be complied with (either through the operation of traffic signals or alternative means) shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

Note: Should the traffic engineer determine that traffic signals are not appropriate, they shall be deleted from the plans submitted for the construction certificate.

 

89.       The driveway opening at the Beach Street frontage and the internal driveway access must be minimum 3.50 metres wide at all points along the driveway. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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

 

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

 

91.       Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

92.       A 2 metre x 2 metre splay corner is to be provided at ground floor level at the intersection of Clovelly Road and Beach Street in order to improve pedestrian and vehicular sight distance.

 

Note: The submitted plan DA04 received by Council 24 February 2006 demonstrates compliance with this requirement.

 

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

 

93.       The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall:

 

·    Match the back of the existing footpath along the full site frontage in both Clovelly Road and Beach Street.

 

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.

 

94.       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.

 

95.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $2097 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

96.       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.

 

97.       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.

 

98.       Prior to the  issuing of a construction certificate, the applicant shall liaise directly with Telstra to determine whether the existing phone box in Beach Street will require relocation due to the proposed driveway location. The applicant shall meet the full cost for the relocation of the phone box (if required) prior to the construction of the driveway.

 

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

 

100.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

103.     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.

 

104.     All site stormwater must be discharged by gravity to the kerb and gutter in either Clovelly Road or Beach Street.

 

105.     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 Development Engineer.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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.

 

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

 

107.     The maximum depth of ponding in above ground detention areas shall be as follows:

 

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

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

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

 

Notes:

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

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

 

108.     Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

109.     The floor level of all habitable and storage areas adjacent to the detention area must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

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

 

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

 

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

 

112.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to the pit stating:

 

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

 

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

 

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

 

(a)      The location of the detention 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); and

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

 

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

 

116.     Should groundwater be encountered within the depth of the basement carpark, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

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

 

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

 

118.     The commercial waste storage area shall be sized to contain a total of 8 x 240 litre bin (4 garbage bins & 4 recycling bins) whilst providing satisfactory access to these bins.

 

119.     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.

 

120.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

122.     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 (in conjunction with registration of the plan of subdivision) 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 Development Engineer.

b.   The subdivision plans shall indicate the location and dimensions of the detention/infiltration areas. 

 

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

 

124.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

125.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

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

 

126.     Landscaping at the site shall be installed substantially in accordance with landscape plan prepared by Ray HK of Fuggle & Associates, Landscape Architects, drawing number L01, project number 1394a, issue A, dated 28/02/05 and stamped received at Council on 26th May 2005, and the details submitted with to satisfy the deferred commencement conditions, subject to the following additional requirements being shown on an amended plan, to the satisfaction of the certifying authority, prior to the issue of a construction certificate:

 

a.         Continuation of the raised planter along the length of the western edge of the proposed ground floor Unit 2.

 

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

 

c.         All planter boxes and garden beds constructed on slab must having a minimum soil depth of 600mm.

 

127.     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.

 

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

 

129.     Approval is granted for the removal of the following trees subject to implementation of the landscape plan submitted by HK of Ray Fuggle & Associates, Landscape Architects, drawing number L01, project number 1394a, issue A, dated 28/02/05 and stamped received at Council on 26th May 2005.

 

(a)        One Eucalyptus species (Gum Tree) near the northwest corner.

(b)        One Acacia elata (Sydney Green Wattle) in the northwest corner.

 

130.     The tree located within the adjoining property to the west (337-339 Clovelly Road) close to the common boundary,  shall be removed prior to the commence of works on the site in accordance with the written consent  obtained to satisfy the deferred commencement condition.

 

131.     A refundable deposit in the form of cash or cheque, or bank guarantee for the amount of $2,500.00 shall be lodged with Council prior to a construction certificate being issued for the proposed development to ensure the implementation and maintenance of the landscape works in accordance with the approved landscape documentation.

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                      -       Structural provisions

b)       Part C                        -       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)        Part E1                       -       Fire fighting equipment

g)       Part E2                       -       Smoke Hazard Management

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

i)        Part F1                       -       Damp and weatherproofing

j)        Part F5                       -       Sound Transmission and Insulation

 

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

 

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

 

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

 

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

 

 

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

22 March, 2006

FILE NO:

DA/1004/2005

 

PROPOSAL:

 New precinct landscaping works to North Mall Development Zone at the UNSW campus including reconfiguration of building entries, creation of shared pedestrian/ vehicular traffic zone and reconfiguration of parking to Material Sciences and Heffron Buildings

PROPERTY:

 330 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 The University of NSW

OWNER

The University of NSW

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $4.0m.

 

The applicant is seeking approval to construct landscaping works within the area of the University’s Kensington Campus known as the North Mall Development Zone. The works include new paving and planting to the area between existing buildings and new buildings under construction to provide coordinated landscaping and pedestrian links between the buildings in this zone. New line marking and planting to the existing Heffron and Materials Science carparks is also proposed.

 

Council resolved to approve the Campus 2020 Master Plan on 13 December 2005 and this document (subject to revisions under preparation) is the applicable policy document (deemed DCP)for assessment of this application.

 

The application has been notified to surrounding properties with no response being received. As the works are minor in terms of their impact on the wider locality the requirement for advertising of the development was waived. The works internal to the site and are located away from the campus boundaries.

 

The development is consistent with the approved DCP and will improve the visual presentation, amenity, security and safety of the area where the works are proposed and will contribute to overall research, teaching, transport and sustainability objectives. Therefore the recommendation is for deferred commencement approval, subject to conditions.

 

The deferred commencement condition has been imposed to ensure that emergency vehicle access via the shared zone to each of the buildings is adequate as the plans submitted have raised concerns in this regard.

 

2.    THE PROPOSAL

 

The applicant proposes to carry out the following works within the part of the site known as the North Mall Development Zone at the University of NSW. For ease of reference, the works are described in 5 ‘zones’ which correspond to the drawings submitted with the application:

 

Zone A: Comprises the surrounds of the new Law Building and adjoins existing Material Science Building, Block House and Round House.

 

•       Paving along Union Road shared zone (to be known as University Walk) and access path to University Mall

•       Law Building Entry Plaza to University Mall with edge forecourt seating

•       Car parking and tree planting reconfigured south of Material Sciences Building

•       Tree planting to southern edge of Material Sciences Car Park

•       Screen planting along sections of eastern and western edge of Law Building

•       Garden beds along southern and western areas of Law Building

•       Concrete edge seating and screen planting between Roundhouse outdoor seating area and Law Building.

 

Zone B: Comprises the surrounds of the new Analytical Centre and existing Applied Sciences Building and adjoins the existing  Heffron and Dalton Buildings.

 

•       Entry ramp to proposed Applied Science loading dock (subject of separate DA)

•       Paving along Union Road to form shared zone (to be known as University Walk)

•       Paving surrounding new Analytical Centre

•       Tree planting to edge of Material Sciences Car Park (continued from Zone A)

•       Hedge along southern edge of Heffron Car Park

•       1:20 ramps to eastern edge of Heffron Car Park and Heffron Building entrance

•       Provision of paved open space to south of Heffron Building to be known as Heffron Plaza including concrete seating

•       Planting areas to existing Applied Science Building ramp and southern side of Analytical Centre

•       Planted bioswale, pathway timber bridges and edge seating/tables between Union Road shared zone and new perimeter paving north of Applied Science Building and new Analytical Centre

•       Planted bioswale to southern edge of Heffron Car Park

•       Plaza north of Analytical Centre

•       Stair to western entry to Heffron Building with safety parapet wall to terrace

•       Dalton café terrace extended at maximum grade 1:50

•       Grassed plinth with edge seating between University Mall and Analytical Centre

•       1:20 walkway with corten steel flanking walls to replace existing stairs at centre of University Mall opposite Applied Science Building

•       Diagonal paved pathways to Applied Science Building from University Mall.

 

Zone C: Comprises the area of the University Walk between the existing Heffron Building, Dalton Building, Science Theatre, Robert Webster Building and Quad.

 

•       Paving along Union Road extension between Heffron Building and Science Theatre to Quadrangle

•       Paving along part of western side of Dalton Building and northern side of Science Theatre

•       Planted bioswale, edge seating and safety parapet wall between Heffron Building and Science Theatre

•       Seating at eastern entry to Heffron Building

•       Palm grove to north-east corner of Zone C and existing palm grove extended east of Science Theatre

•       Existing garden beds east of Quadrangle replaced to create more table space

•       Entry to Science Theatre loading area repaved.

 

Zone D: Comprises the Materials Sciences and Heffron Car Parks.

 

•       Reconfigure line marking (no change to number of spaces provided) and remove x 2 existing trees

•       New tree planting to traffic islands within carpark

 


Zone E: Comprises the northern forecourt of the Heffron Building.

•       Paving, grass and tree planting north of Heffron Building along College Road.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located within the UNSW Kensington Campus which is bounded by High Street to the north, Botany and Willis Streets to the east, Barker Street and Oval Lane to the south and Anzac Parade to the west. There is a western campus located on the western side of Anzac Parade which accommodates NIDA and a small number of other facilities including the Unisearch House.

 

The main campus is divided into upper, middle and lower campus zones which broadly correspond to the eastern, central and western sections of the University.

 

The site of the proposed development is located within the lower campus approximately 200m from Anzac Parade. Internally, the development site fronts the University Mall which is a significant linear accessway and vista acting as the primary pedestrian route of the campus. The University Mall separates the site from the Village Green, the University’s sports oval further to the south.

 

To the north of the site are University buildings which extend to the High Street frontage of the greater campus. To the east of the site are University buildings forming part of the central campus. The development site incorporates Union Road and College Road to the north and will provide east-west linkages along Union Road between all buildings which have frontage to this roadway. The site also includes Science Road which runs north south between the Dalton Building and approved Analytical Centre and provides a connection between the northern portion of the lower campus and the University Mall.

 

The development site is an irregular shape, wrapping around the existing and approved buildings within the North Mall Development Zone. The area of the site is approximately 39,000m2. Due to existing development the works will not cover the whole of this area. Construction on several previously approved projects is currently underway on the site.

 

Access to the site is from a signalised intersection near the western end of High Street at Gate 2.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A pre-lodgement meeting was held with Council and the applicant on 2 June 2005. No major issues were raised with the development concept at that meeting, however concerns were raised regarding the consistency of the proposal with the approved Urban Design Framework for the North Mall Development Zone and regarding overlap between works proposed in this application and recently approved works to buildings within the NMDZ. Particular comment was made with regard to lighting, seating and urban design particularly outside the Heffron Building entry, and access to parking via the shared zone. Council’s Development Engineer also provided some technical comment in relation to the proposed landscaping works.

 

The current application was lodged with Council on 1 December 2005. Due to the Christmas period the application was notified until 30 January 2006.

 

b.    HISTORY OF SITE USAGE

 

The ‘site’ is comprised of ground level areas surrounding the buildings which form part of the North Mall Development Zone (NMDZ). Several development applications for works in the NMDZ have been approved by Council recently and construction work is currently taking place in the vicinity of the site in accordance with these consents. Development Applications relating to this area are as follows:

 

DA No.

Description

Approved

667/2004

Demolish existing dangerous goods store, northern sandstock brick wall and Block House annex, removal of trees, construct a new four level purpose built facility (Faculty of Law) including basement plant and storeroom and narrowing of Union Road.

7/12/04

732/2004

Alterations and additions to the basement level of the Applied Science building. (F10) To rationalise building functions (consolidate the workshops & dangerous goods store).

2/12/04

858/2004

Demolition of the Heffron Theatres.

14/12/04

859/2004

Major refurbishment, alterations & additions of the existing Heffron Building including, widening of the building by approximately 1500mm, re-clading of all facades and includes a revised facade module, replacement of all services, provision of internal connections to the adjacent Quadrangle Building & construction of a new glazed covered link on the south side of the building at ground level to extend University Walk.

8/2/05

979/04

Demolition, piling and bulk excavation work in preparation for new Analytical Centre (Science and Research Building).

23/12/04

1005/04

Construction of a new four storey purpose built facility for scientific research and teaching, including new accommodation for the School of Chemistry at the University of NSW, Kensington Campus.

22/03/05

1040/2005

Demolition of the existing dangerous goods store located adjacent to the northern side of the Heffron building.

13/2/05

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP for Public Notification of Development Proposals and Council Plans. Advertising of the proposal was not considered necessary due to the scope of the works which do not include any works which would have an impact outside of the University campus. As a result of this notification no submissions were received. The notification procedure has been checked and it is considered adequate community consultation has been undertaken.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Manager, Environmental Health and Building Services

 

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

 

The proposal provides for the proposed precinct landscape works to the north mall development zone.

 

The proposal is a Crown development and is not subject to construction certificate application or Principal Certifying Authority process under the Environmental Planning and Assessment Act 1979.

 

BCA Building Classification

 

Class -         10b        (Retaining walls)

 

Background

 

The existing buildings on site are multi storey educational facilities bounded by buildings of a similar nature.

 

Key Issues

 

Site Management:

 

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

 

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 all ramps and car parks in accordance with the provisions of the BCA.

 

Standard conditions are included to address these requirements, although compliance may require changes a ramp system 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 Development Application.

 

Conclusion:

 

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

 

RECOMMENDATION:

 

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

 

Condition suggested by the Manager, Environmental Health and Building Services have been included in the Recommendation section of this report (see Conditions 5-24).

 

6.2  Development Engineer

 

Council’s Development Engineer has provided the following comments in relation to the development:

 

An application has been received for precinct landscaping works within the North Mall Development Zone at the above site.

 

The proposed works consist of:

 

§ Entry works to the new Law and Analytical Centre buildings including pathways from University Mall;

§ Reconfigured connections between University Mall and Union Road;

§ A shared zone along Union Road from the Roundhouse to the Quadrangle;

§ Redesign of landscaping along the northern side of Heffron Building; and

§ Reconfigured car parking to Materials Sciences and Heffron Carparks.

 

Landscaping Comments

 

Council’s Landscape Development Officer is generally supportive of the landscape upgrades proposed, provided that due consideration is given to maintaining a recognizable ‘link’ with the original design objectives and those site features which are deemed to possess historical or heritage significance.

 

The requirement to either remove or retain and protect certain trees which may be impacted by these works has largely been dealt with in other, individual DA’s within the site; however, an overriding condition has still been provided in this report to ensure the implementation of appropriate protection measures during the course of the works contained in this specific application.

 

Council had previously stipulated that, given its obvious age and significance, supporting documentation would need to be provided should the applicant seek to remove the large and established Platanus x orientalis (London Plane Tree) of approximately 30 metres in height and 12 metres in width, located in the paved throughfare between the existing Science Theatre and Heffron Building.

 

A Tree Report prepared by Rush Wright Associates, dated 21 September 2004 has duly been provided and seeks permission for its removal on two grounds; the first being the irritability (allergy) of the seed pods and fine hairs on the underside of the leaves, and secondly, to accommodate proposed building works and a planted bio-swale including a grove of advanced and critically endangered Wollemi Pines and associated soft and hard landscape works.

 

Removal on the grounds of irritation only is not considered valid or adequate justification for removal of this particular tree; however, it must be recognized that the root system will be heavily impacted by the proposed hydraulic and constructions works should it be retained, which combined with the need to perform extensive pruning/canopy reduction to accommodate the required scaffolding, would irreversibly alter the form and habit of this tree, especially considering that it has not yet reached its full dimensions.

 

A review of the case presented has confirmed that Council would reluctantly grant permission for its removal as the UNSW has demonstrated that the replanting program is consistent with a policy direction which will see native and indigenous species progressively introduced throughout the University grounds. Council also recognizes the positive contribution the University grounds make to the local environment through their demonstrated high quality management practices and principles, which sees a vast quantity of established and mature trees, landscaping and open spaces under their care and control.

 

In accordance with previous requests, a tree protection plan prepared by Rush Wright Associates has been submitted, and specifies the measures to be applied to affected trees during the course of works, with a stormwater and catchment plan prepared by Taylor, Thomson Whitting also provided, which demonstrates that there would only be minimal (if any) disturbance to the rootzones of existing trees as a result of hydraulic works.

 

Drainage Comments

 

Stormwater runoff from the north mall development zone shall be managed in accordance with the approved masterplan stormwater strategy (dated 28th November 2005). This will involve all stormwater runoff (excluding runoff from the small strip of land immediately to the north of the university mall (identified as Area C1)) being directed to the village green detention basin for all storm events up to and including the 1 in 100 year event.

 

It is understood that the majority of the drainage infrastructure required to divert the flows from the north mall development zone have (or are currently being constructed) in conjunction with the new law building (refer to DA 667/2004) and the new analytical centre (DA 1005/2004). Work as executed details for the as-installed drainage infrastructure, together with drainage plans for any additional work required to drain the new landscaped areas to the village green detention system shall be submitted to council prior to commencement of works within the new landscaped areas.

 

All stormwater shall be taken through suitably sized sediment/silt arrestor pits prior to being discharged from the north mall development zone.

 

Flooding Comments

 

Overland flow paths shall not go through any parking spaces and the v x d (pedestrian safety factor) for any overland flow paths shall not exceed 0.4 at any point.

 

All overland flows (for storms up to the 1 in 100 year event) currently flowing down Union Road, shall be intersected up stream of the Applied Science Building and diverted to the village green detention area.

 

A stormwater diversion road hump shall be constructed across Union Road above the loading dock ramp to divert any residual flow away from the loading dock. It is noted that the hump must be designed in such a manner as to ensure that it does not cause access difficulties for service and delivery vehicles using the loading dock.

 

Traffic/Parking Comments

 

The works approved under this consent must not result in any reduction in the total number of surface parking spaces available within the north mall development zone.

 

All new car parking areas shall be designed by a suitably qualified traffic engineer in accordance with AS 2890.1 (2004). Prior to the commencement of works on the site the applicant shall submit certification from the traffic engineer confirming that the carpark has been designed in accordance with the Australian Standards.

 

Clear line-marking and signposting shall be provided within the material science and Heffron car parks to indicate direction of flow down each of the circulation aisles.

 

The submitted landscape plan for Zone A shows four standard parking spaces and three disabled parking spaces located with the shared zone. The development engineer does not support the shared zone being accessed by standard vehicles and recommends all standard parking spaces located with the shared zone be relocated to accessible locations within formal carparks and that the parking spaces within zone A be restricted to disabled parking only. This would then facilitate clear signage being installed at the material science carpark egress point (opposite the loading dock) indicating ‘No Entry, Service, Emergency and Disabled Vehicles excepted’. A condition regarding this matter has been included in this report.

 

Clear signage shall be provided within the shared zone to direct vehicles to the disabled parking spaces.

 

Clear signage shall be provided within the shared zone to direct service vehicles to the loading docks.

 

The shared zones shall be designed by a suitably qualified traffic engineer and clear shared zone and speed limit signage shall be provided within the shared zone. The shared zones shall be constructed in accordance with the recommendations from the traffic engineer and engineering certification that the zones have been designed and constructed to operate in a safe manner shall be submitted to Council prior to commencement of use of the shared zones.

 

All construction traffic must be accommodated on-site.

 

All pavements, retaining walls, bridges and other structural elements shall be designed by suitably qualified civil/structural engineers who shall certify on completion that the works have been undertaken in accordance with their design and the appropriate standards and specifications.

 

The Planning Officer should ensure that adequate lighting is provided within the north mall development zone.

 

Emergency vehicle Access Comments

 

Concerns are raised that the access routes detailed on the Fire Access Plan are not adequate. The routes appear to go through tree plantings, over high kerbs and around sharp bends.

 

It is recommended that the following deferred commencement condition be included in the approval to ensure that adequate emergency vehicle access is provided:

 

Prior to this consent becoming operational, the applicant shall submit documentary evidence from the emergency services (fire brigade, ambulance and police) confirming that access provisions through the north mall development zone are adequate.

 

Waste Comments

 

Wastes shall be managed in general accordance with the submitted ‘Waste Management Statement for the University of New South Wales Precinct Landscaping Works’ prepared by McLachlan Lister.

 

Conditions suggested by Council’s Development Engineer have been included in the Recommendation section of this report (see Conditions 25-47).

 


7.    MASTER PLANNING REQUIREMENTS

Clause 40A of the Randwick LEP 1998 (RLEP98) requires adoption of a master plan prior to approving development applications for sites with an area in excess of 4,000m2. The University of NSW complex site is approximately 38.99 hectares in area. In accordance with Clause 40A of the RLEP98, a Master Plan was adopted for the UNSW campus on 13 August 2002 subject to appropriate revisions to the Master Plan.

 

Due to the availability of funding for new projects within the lower campus precinct, and the delays in preparing a comprehensive master plan review, UNSW submitted an Urban Design Framework for the North Mall Development Zone (UDF) as a basis for assessing development applications for an area within the lower campus, until such time as an amended master plan was prepared. The development currently taking place on the site and surrounding area was approved under this document.

 

Recent amendments to the Environmental Planning and Assessment Act (EP&A Act), through the NSW planning reforms, have altered the status of Master Plans.

 

Section 95 of the EP&A Act states that Master Plan provisions that were initially required by an in-force Environmental Planning Instrument (EPIs) (such as Randwick Local Environmental Plan) are to be interpreted as requiring a Development Control Plan (DCP) for the site.

 

UNSW submitted a draft Campus 2020 Master Plan (in accordance with the requirements of the August 2002 approval of the original master plan). The Campus 2020 Master Plan was submitted after the 30th September 2005, requiring consideration of the provisions under the new Section 74C of the EP&A Act. The provisions of Section 74C require that only one, single DCP apply to any site. The intention behind this reform is to reduce the number of DCPs and encourage Council’s to review their current DCPs to ensure they reflect current policy and are consistent with EPIs.

 

The Campus 2020 Master Plan has been reviewed by Council and was approved on 13 December 2005, subject to inclusions regarding transport, sustainability, housing and built form. The consent also requires that the Campus 2020 Master Plan document be prepared as a single DCP for the site, repealing all other DCPs in accordance with the recent amendments to the EP & A Act.

 

In line with the changes to the EP & A Act and the objective of reducing the number of applicable policies to any one site, assessment of this application has been made against the Campus 2020 Master Plan as a deemed DCP. This document may now be considered the primary policy document applicable to the site, superseding the provisions of the previous Urban Design Framework and 2002 Master Plan.

 

The Master Planning requirements of Clause 40A of the RLEP98 have been satisfied.

 

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

-   SEPP 55 – Remediation of Land

 

(a)     Randwick LEP 1998

 

The site is zoned 5 Special Uses under Randwick Local Environmental Plan 1998 and the proposed use of the site for works in relation to an educational establishment is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal.

 

§  Clause 37A           Development in Special Uses Zone

§  Clause 40A           Master plans

 

Clause 37A – Development in Special Uses Zone

 

Clause 37A requires Council to consider the compatibility of any development in the special uses zone with the existing character of the locality and the impact of such development on the amenity of nearby and adjoining development.

 

The area of the campus affected by the proposed works is internal to the site and is not visible from outside the Campus. The impact of the development on the existing character of the surrounding locality is therefore considered to be nil. The landscape works will substantially improve the character of the lower campus of the University and the works are consistent with the existing landscape design features and desired future character as set by the Campus 2020 Master Plan for the site.

 

Due to the internal location of the works there will be no impact from the development on the amenity of surrounding development. The proposal will not result in reduced parking provision and will not affect the surrounding road network.

 

The development is satisfactory with regard to Clause 37A of RLEP98.

 

Clause 40A – Master plans

 

Refer to discussion under Section 7, above.

 

(b)     SEPP 55 – Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated when determining development applications.

 

The issue of contamination has been considered as part of the development applications for major site works within the North Mall Devleopment Zone. As a result of these investigations no significant contamination was found. The site is considered suitable for continued use as open space and roadway. Standard conditions have been imposed regarding site works and procedures should any contamination be discovered during the works (see Conditions 3 and 4).

 

Council has fulfilled its obligations under SEPP 55.

 

8.1  Policy Controls

a.    Campus 2020 Master Plan

 

The works proposed by this application are limited to landscaping and as such the applicable section of the approved Campus 2020 Master Plan is Section 5.5

 Landscape.

 

Section 5.5 comprises objectives and provisions for landscaping within the campus.

 

Objectives

The relevant objectives for landscaping include:

§  conservation and promotion of significant areas of existing landscape on campus

§  Develop and manage the public domain to optimise circulation, safety, amenity, visual qualities, sustainability, accessibility, use of landscape as a teaching/ research aid

 

The development will not remove any significant vegetation or impact on any heritage items or conservation areas. The development will enhance the public domain including the integration of building entries into the overall public domain strategy. The proposed improvements to the University Walk will provide a secondary east-west linkage across the site that will complement the University Mall and provide address to buildings which are located off the main pedestrian thoroughfare. The plans include north-south through links and prioritise pedestrian traffic over vehicular traffic.

 

The proposal includes lighting strategies (reinforced by condition of consent) to ensure safety and amenity and will provide seating and access ramps to improve the accessibility of the campus and improve the opportunities for passive recreation in this location on campus. The proposed paving and planting will improve the appearance of this portion of the campus. The use of bioswales and proposed Wollemi Pine planting will meet the objectives of sustainability and will further opportunities for teaching and research projects.

 

The development meets all of the relevant objectives for landscaping under the Campus 2020 Master Plan.

 

Provisions

 

The provisions of the Campus 2020 Master Plan refer heavily to the map provided in section 5.6 which analyses the existing provision on the site and clarifies the provisions outlined below. The map has been used in the assessment of this application.

 

Provision

Proposal

Compliance

a

Implementation of sustainability principles of Master Plan and EMP

Increased soft landscaping will increase the retention of stormwater on the site and provide potential for increased areas of indigenous habitat on campus. The provision of increased amenity to and establishment of additional through site linkages will encourage sustainable modes of transport on campus.

Complies

b

New buildings not to harm significant existing vegetation

Three trees to the NW of the Heffron Building on College Rd noted as significant and for retention as per map 5.6 of the master plan. Landscape Development Officer has noted other trees for removal and discussed the merits of the proposed removal in Section 6.2 of this report.

Complies

c

New developments root and canopy zone assessment

No new buildings proposed that will affect existing root/canopy

Not Applicable

d

Successful inter-building spaces are retained

Identified inter-building space between Quad and Zone E will be improved appropriately

Complies

e

Important landscape tradition areas retained and only improved within guidelines re:design significance

No tradition areas identified in the area of the works

Not Applicable

f

New campus open spaces are appropriately landscaped according to their role and landscape hierarchy

The proposal provides east west and north south connections in accordance with the master plan. Proposed planting is reflective of circulation patterns and is appropriate to status as a secondary pathway to University Mall

Complies

g

Development to lead to optimal distribution of appropriate landscape types

The types of landscaping proposed, including lawn areas, bioswales, axial planting and paved areas incorporating feature planting is considered appropriate and is consistent with the landscape distribution under Section 5.6 of the Master Plan.

Complies

h

Contemplative spaces have appropriate landscape design.

No contemplative spaces indicated within development zone.

Not Applicable

i

Landscape design is a key aspect of the creation of new entrances

Landscape plan incorporates new building entries/landscaping to existing entries to Material Science, Law, Applied Science, Analytical Centre, Heffron, Quad and Dalton Buildings.

Complies

j

Garden areas retained or established as part of all campus residential development. Pruning of figs on High Street.

No residential buildings exist within development zone, which is located away from High Street.

Not Applicable

k

Campus boundaries provide openness and entries or security or definitional fencing

Development zone is internal to the site and does not interface with campus boundaries.

Not Applicable

l

Landscape design optimises safety and security, accessibility, plant growth, provision of permeable surfaces and incorporate habitat diversity and species appropriate for academic research and teaching

Refer to discussion above under Landscape Objectives.

Complies

m

Species selection to be ecologically appropriate, reinforce fig tree character, incorporate distinctive species, develop areas of pre-1788 vegetation on the site

Species selection includes natives and trees which will be relocated from other parts of the campus. Development will incorporate species such as Wollemi Pines which were previously thought to be extinct and will be rare and distinctive examples.

Complies

n

New structural plantings provided in key areas on the site

The planting to the bioswales and the edges of Material Sciences carpark will provide the structural planting to the University Walk (Union Road) and College Road indicated in Map 5.6.

Complies

o

Street tree species on footpaths surrounding campus as indicated in RCCs Street Tree Masterplan

Development zone is internal to the site and does not interface with campus boundaries.

Not Applicable

 

In addition to the above provisions, the recommendation of Council at the meeting of 13/12/05, was to incorporate the following provisions into Section 5.5 of the Master Plan:

 

Provision

Proposal

Compliance

p

Proposed landscaping shall give due consideration to the historical The significance of landscaping within the site and should not compromise the original design intent.

The development will improve an area that has not previously been subject to any significant landscape design. The proposed design will reinforce the design intent for east west and north south pedestrian linkages within the campus.

Complies

q

The removal of any trees that are in reasonable health and condition and are deemed to be significant examples due to their size, age, species, heritage etc will only be considered if a detailed Arboricultural assessment justifies such an action.  In circumstances where significant tree removals are approved, details of proposed replacements which will maintain the existing theme and scale/bulk shall be provided

Removal of two trees proposed has been assessed by the Landscape Development Officer and is considered appropriate. No significant trees to be removed.

Complies

r

Expansive areas of pavement shall be permeable in nature wherever possible in order to reduce stormwater runoff, recharge groundwater supplies and to maintain infiltration rates to the root zones of established trees.

Paving has been limited to the pedestrian/ vehicular access ways around the zone and permeable treatments have been used wherever possible. Use of permeable paving to the shared zone and carparking is not considered to be appropriate for these areas which will take vehicular traffic. Stormwater management will be consistent with the approved plan.

Complies

s

A Landscape Plan of Management is to be prepared to ensure the ongoing health of the fig trees.

No fig trees in the vicinity of the site or within the area of works proposed.

Not Applicable

 

As indicated above, the proposal is consistent with the provisions of the  approved Campus 2020 Master Plan.

 

8.2  Council Policies

There are no Council policies applying to the proposed works.

 

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.

 

Section 79C(1) requires Council to consider the following in determining a development application:

 

(a)          the provisions of:

 

(i)     any environmental planning instrument, and

 

The provisions of relevant EPIs have been considered in Section 8, above.

 

(ii)    any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the draft instrument has been deferred indefinitely or has not been approved), and

 

None Applicable

 

(iii    ) any development control plan, and

 

The provisions of Campus 2020 Master Plan as a deemed DCP have been considered in Section 8.1, above.

 

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

 

None Applicable

 

(iv)   the regulations (to the extent that they prescribe matters for the purposes of this paragraph), that apply to the land to which the development application relates,

 

None Applicable

 

(b)          the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

The landscaping works are contained wholly within the Kensington Campus of the UNSW, and will not be visible from the surrounding area. The proposal will not reduce parking provision and will improve the amenity and appearance of the campus for its users. The environmental impacts of the development on the wider locality are considered to be nil.

 

There will be significant benefits for the University in constructing the works which will assist in promoting pedestrian access from east to west and north to south across the campus. The improvements to the periphery of existing educational buildings is likely to result in social benefits for the University community which may be experienced through by the wider community in reduced crime and improved security. The University brings a large number of people to the locality and this has economic benefits for surrounding commercial areas.

 

(c)          the suitability of the site for the development,

 

The site is suitable for the proposed development which will improve the existing linkages between buildings on the site and the campus as a whole.

 

(d)          any submissions made in accordance with this Act or the regulations,

 

No submissions have been received in response to the notification carried out by Council.

 

(e)          the public interest.

 

The improvements to the public open space areas of the University will result in benefits in terms of campus security, pedestrian access, improved appearance and sustainability. The development is considered to be in the public interest.

 

The development is satisfactory with regard to s79(C) of the EP & A Act.

 

10.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The development is consistent with the recently approved Campus 2020 Master plan for the UNSW Kensington Campus and will provide a coordinated landscape approach for the area known as the North Mall Development Zone. The proposed landscaping works will improve the amenity of the campus for users and will achieve the overall objectives for the site in terms of sustainability, accessibility, visual amenity and will support the primary teaching and research functions of the University.

 

The development is therefore recommended for approval, subject to conditions.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) “Deferred Commencement” to Development Application No DA/1004/2005 for New precinct landscaping works to North Mall Development Zone at the UNSW campus including reconfiguration of building entries, creation of shared pedestrian/ vehicular traffic zone and reconfiguration of parking to Material Sciences and Heffron Buildings at 330 Anzac Parade, Kensington subject to the following conditions:-

 

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

 

1.       Prior to this consent becoming operational, the applicant shall submit documentary evidence from the emergency services (fire brigade, ambulance and police) confirming that access provisions through the north mall development zone are adequate.

 

Evidence required to satisfy the above conditions must be submitted to Council within the 12 months of the date of the consent.

 

DEVELOPMENT CONSENT CONDITIONS

 

B.      Subject to compliance with the deferred commencement condition, to the satisfaction of the Director of City Planning, development consent be granted under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/1004/2005 for New precinct landscaping works to North Mall Development Zone at the UNSW campus including reconfiguration of building entries, creation of shared pedestrian/ vehicular traffic zone and reconfiguration of parking to Material Sciences and Heffron Buildings at 330 Anzac Parade, Kensington subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the A3 sized plans prepared by Rush/ Wright Associates numbered Revision 00 of Drawing Numbers E11-L-800-051 through to E11-L-800-053, dated 30.06.05 and Revision 00 of Drawing Numbers E11-L-800-054 through to E11-L-800-059, dated 30.04.05, and the A3 sized plan prepared by Knox & Partners Landscape Architects numbered Revision B of drawing number E11-L-800-054-CT dated 12/10/05 and stamped received by Council as part of the submitted Statement of Environmental Effects on 1 December 2005, the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement condition and by the following conditions and as may be shown in red on the attached plans:

 

2.         Adequate energy efficient lighting is to be provided as part of the development, including lighting to the upgraded Heffron./ Material Sciences carparks in general accordance with the submitted drawings by NDY Light to ensure pedestrian safety and security in the works zone.

 

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

 

3.         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).

 

4.         Hazardous or intractable wastes arising from the works area to be removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

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

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

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

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

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

 

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

 

5.         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.

 

6.         All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

7.         Prior to the commencement of any building works, a suitably qualified Certifier must be appointed for the development and the building works must be inspected by the Certifier to monitor compliance with the relevant standards of construction, Council’s development consent and the approved construction plans.

 

The Certifier must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Certifier, 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 Certifier.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council upon finalisation of the development.

 

8.         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;

·        name, address and telephone number of the Certifier,

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

 

9.         A statement confirming that the building is suitable for occupation must be obtained from the appointed Certifier prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings).

 

The statement must not be issued if the development is inconsistent with the development consent and the relevant conditions of development consent must be satisfied prior to occupation.

 

Details of critical stage inspections carried out by the Certifier together with any other certification relied upon must be provided to Council prior to occupation.

 

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

 

10.       A Certificate of Adequacy prepared by a professional engineer shall be submitted to the Certifier and the Council, 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:

 

11.       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.

 

12.       A copy of the approved construction drawings, 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.

 

13.       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 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 Certifier for the development prior to commencing such excavations or works.

 

14.       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.

 

15.       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.

 

16.       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.

 

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

 

18.       Bulk bins/waste containers must not be located upon Council’s footpath, roadway or nature strip at any time without the prior written approval of the Council.

 

Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

19.       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 Certifier 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.

 

20.       Stockpiles of soil, sand, aggregate or other materials must not be located on Council’s 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.

 

21.       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.

 

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.

 

22.       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.

 

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

 

23.       Car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1, AS4299 and 2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifier.  Details of the proposed car parking for people with disabilities are to be included in the plans / specifications for the construction drawings.

 

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

 

24.       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.

 

25.       The works approved under this consent must not result in any reduction in the total number of surface parking spaces available within the north mall development zone.

 

26.       All new car parking areas shall be designed by a suitably qualified traffic engineer in accordance with AS 2890.1 (2004). Prior to the commencement of works on the site the applicant shall submit certification from the traffic engineer confirming that the carpark has been designed in accordance with the Australian Standards.

 

27.       Clear linemarking and signposting shall be provided within the material science and Heffron car parks to indicate direction of flow down each of the circulation aisles.

 

28.       All standard parking spaces located within the shared zone shall be relocated to designated on-site carparks. The parking spaces to the south of the material science building (within the shared zone) shall be restricted for disabled parking use only. This condition has been included to restrict vehicular traffic within the shared zone.

 

29.       Clear signage shall be installed at the material science carpark southern egress point (opposite the loading dock) indicating ‘No Entry, Service, Emergency and Disabled Vehicles excepted’.

 

30.       Clear signage shall be provided within the shared zone to direct vehicles to the disabled parking spaces.

 

31.       Clear signage shall be provided within the shared zone to direct service vehicles to the loading docks.

 

32.       The shared zones shall be designed by a suitably qualified traffic engineer and clear shared zone and speed limit signage shall be provided within the shared zone. The shared zones shall be constructed in accordance with the recommendations from the traffic engineer and engineering certification that the zones have been designed and constructed to operate in a safe manner shall be submitted to Council prior to commencement of use of the shared zones.

 

33.       The reconfigured science theatre loading dock shall be designed by a suitably qualified traffic engineer. The loading dock shall be separated from the shared zone and provision shall be made for all service vehicles to enter and exit the loading dock in a forwards direction.

 

34.       All construction traffic must be accommodated on-site.

 

35.       All pavements, retaining walls, bridges and other structural elements shall be designed by suitably qualified civil/structural engineers who shall certify on completion that the works have been undertaken in accordance with their design and the appropriate standards and specifications.

 

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

 

36.       Stormwater runoff from the north mall development zone shall be managed in accordance with the approved masterplan stormwater strategy (dated 28th November 2005). This will involve all stormwater runoff (excluding runoff from the small strip of land immediately to the north of the university mall (identified as Area C1)) being directed to the village green detention basin for all storm events up to and including the 1 in 100 year event.

 

37.       Work as executed details for the drainage infrastructure already installed to direct flows from the north mall development zone to the village green detention area, together with drainage plans for any additional work required to drain the new landscaped areas to the village green detention system shall be submitted to council prior to commencement of works within the new landscaped areas.

 

38.       All drainage details shall be prepared by a suitably qualified and experienced hydraulic engineer who shall certify on completion of the works that the design and construction of the stormwater drainage system complies with the conditions of development consent and relevant design standards. A copy of the certification shall be submitted to Council for record purposes.

 

39.       All stormwater shall be taken through suitably sized sediment/silt arrestor pits prior to being discharged from the north mall development zone.

 

40.       Overland flow paths shall not go through any parking spaces and the v x d (pedestrian safety factor) for any overland flow paths shall not exceed 0.4 at any point.

 

41.       All overland flows (for storms up to the 1 in 100 year event) currently flowing down Union Road, shall be intersected up stream of the Applied Science Building and diverted to the village green detention area.

 

42.       A stormwater diversion road hump shall be constructed across Union Road above the loading dock ramp to divert any residual flow away from the loading dock. It is noted that the hump must be designed in such a manner as to ensure that it does not cause access difficulties for service and delivery vehicles using the loading dock.

 

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

 

43.       Wastes shall be managed in general accordance with the submitted ‘Waste Management Statement for the University of New South Wales Precinct Landscaping Works’ prepared by McLachlan Lister.

 

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

 

44.       Landscaping at the site shall be installed substantially in accordance with plan numbers E11-L-800-050 through E11-L-800-053, Rev 00, dated 30.06.05 by Rush Wright Associates; E11-L-800-054 through E11-L-800-059, Rev 00, dated 30.06.05 by Rush Wright Associates; and E11-L-800-054-CT, Rev B, dated 10/08/05 by Knox & Partners. The following additional details shall be shown on the subject plans (and a copy of the amended plans forwarded to Council for record purposes) prior to the commencement of work on the site:

 

a.         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.

 

b.         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.

 

c.         Additional notation showing soil and mulch 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.

 

d.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

45.       Approval is granted for the removal of the following tree subject to the planting of the Wollemi Pine bio-swale and associated landscaping as proposed.

 

a) One Platanus x orientalis (London Plane Tree) located in the paved throughfare between the existing Science Theatre and Heffron Building.

 

46.       A Tree Protection Program shall be implemented in accordance with the following report and plans:

§ Faculty of Law Building – Enabling Works, Tree Protection, Revision C, prepared by Rush Wright Associates, dated 21st September 2004;

§ Tree Protection + Demolition Contract Documentation, Drawing number E11-L-800-151 (Rev A), dated 18.02.05 by Rush Wright Associates;

§ Zone B Tree Protection and Demolition Contract Documentation, Drawing number E11-L-800-152 (Rev A), dated 18.03.05 by Rush Wright Associates; and

§ Zone C Tree Protection and Demolition Contract Documentation, Drawing number E11-L-800-153 (Rev 01), dated 31.05.05 by Rush Wright Associates.

 

47.       The applicant will be required to demonstrate compliance with the above condition through the submission of a brief written statement from the site Arborist, confirming his attendance on site at the critical and relevant stages, and that all measures and recommendations were adhered to prior and during the proposed works. This statement shall be received to the satisfaction of the certifying authority on completion of the works.

 

 

ADVISORY MATTERS:

 

A1       The applicant is advised that the construction 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)     Clause D3.5         -           Car parking for people with disabilities

c)     Part D3                -           Access for people with disabilities.

 

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

 

You are advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with your certifier prior to preparing your construction plans to enable these matters to be addressed accordingly.

 

A2       You are advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and you should therefore consider your liability under the Act.  In this regard, you are 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.

 

You are 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.

 

A4       The applicant is advised to contact telecommunication companies, gas providers, Energy Australia and Sydney Water to make the necessary arrangements for any adjustment/repair or relocation of their services required as a result of the proposed development.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

RACHEL AITKEN

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

15 March, 2006

FILE NO:

D1079/2005

 

PROPOSAL:

 Demolish the existing dwelling house and construct a new two storey attached dual occupancy

PROPERTY:

 30 Burke Street, Chifley

WARD:

 South Ward

APPLICANT:

 E Lloyd

OWNER:

30 Burke Street Pty Ltd

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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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 John Procopiadis, Paul Tracey and Dominic Sullivan.

 

The subject site is located on the northern side of Burke Street between Mitchell Street and Hume Street, Chifley.  It has a total site area of 481.4 sqm.  It is currently occupied by a single storey detached dwelling house with a garage in the rear yard area.  The adjoining sites to the north, east and west are improved with single storey detached dwelling houses.  

 

It is proposed to demolish all existing structures on the site and erect a new two-storey attached dual occupancy development.  Each dwelling is to contain living areas and a garage, at ground floor level, and bedrooms and bathrooms, at first floor level.

 

The owners of adjoining properties were notified of the proposed development on the 16 January 2005.  As a result of this notification, two submissions were received from adjoining residents that raised issue primarily with side setbacks and consequential impacts on loss of solar access and natural light and privacy.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to demolish all existing structures on the site and erect a new two-storey attached dual occupancy development.  Each dwelling is to contain living areas and a garage, at ground floor level, and bedrooms and bathrooms, at first floor level.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Burke Street between Mitchell Street and Hume Street, Chifley.  It has a 15.2 metre frontage to Burke Street, a maximum depth of 34.1 metres and a total site area of 481.4 sqm.  It is currently occupied by a single storey detached dwelling house with a garage in the rear yard area.  The surrounding area is residential in character and consists predominantly of detached dwelling houses.  The adjoining sites to the north, east and west are improved with single storey detached dwelling houses.  Figure 1 is an aerial view of the subject site and surrounding area.

 

4.    SITE HISTORY

 

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

Figure 1: The subject site and surrounding area

 

5.    COMMUNITY CONSULTATION:

 

The owners of adjoining properties were notified of the proposed development on the 16 January 2005.  As a result of this notification, the following submissions were received:


Planet Urban on behalf of Pearl Champion and Edward Magen – 32 Burke Street

Issue

Comment

The proposed setback will affect the amenity of the objector’s eating/dining area.

The eating area of the objector’s dwelling has north-facing windows and a west facing window.  The proposed development will not cause overshadowing of any of those windows from 9am to 3pm at midwinter.  The impacts on the amenity of this part of the objector’s dwelling are considered to be negligible, except for those in respect of privacy (see below).

The setback will compromise the objector’s ability for future development on their site.

The proposed development will not compromise the redevelopment potential of the objector’s site.  The window positioning on the proposed development is such that overlooking is minimised.  Subject to all other matters for consideration, there is no reason why a two storey building could not be erected on the objector’s site with a side setback to mimic that of the proposed development.

The proposed setback will create a visually bulky development when viewed from the objector’s site.

The proposed development has been designed so that its first floor ends in line with the rear elevation of the dwelling on the objector’s property.  This will minimise the perceived bulk and scale of the proposal.

The side window to the living room will create noise transference and may result in loss of visual privacy.

Although the proposed development already has windows will high sill heights, it is considered that extra measures could be imposed that limit the potential for loss of visual and acoustic privacy.  These measures are to obscurely glaze the windows and increase the sill heights and fix some sashes of some windows.

The rainwater tank will involve a pump that is likely to make noise.

Relevant noise attention conditions will be included in any consent.

A dilapidation report is requested.

A relevant condition will be included with any consent.

The objector’s request consideration be given to including a condition that requires the applicant to notify the objector when demolition involving asbestos is to occur.

A relevant condition will be included with any consent.

Les Waldock – 28 Burke Street

Issue

Comment

The type of development and its scale is inconsistent with its surroundings.

The proposed development is permissible on the site and it complies with the maximum permitted FSR and height controls.  Therefore, it is not considered to be out of context or to have unacceptable bulk and scale.

The proposed development will cause overshadowing over the eastern elevation of the objector’s dwelling, despite the existence of the carport along the western side of the house.

The proposed development will cause some overshadowing of the eastern elevation of the objector’s dwelling from 9am until about 11.30 and then that elevation of the dwelling will have sunlight exposure until 1pm. 

Council’s DCP does not provide controls in respect of solar access to eastern or western elevations of buildings.  It is considered that the proposed development is acceptable with regard to the extent of overshadowing it causes on the eastern elevation, given that it gets 1 and a half hours at midwinter. 

In any case, the carport along the eastern side of the objector’s dwelling has clear corrugated roofing, which allows daylight but not sunlight to penetrate. 

On consideration of the above matters, the proposed development is acceptable with respect to overshadowing.

No privacy screens are proposed to the balconies.

The proposed balconies are at the front of the development and so do not overlook private open space.  Therefore no screening is required.

What will happen to the power pole on the nature strip if it needs to be removed due to the new vehicle crossings?

The powerpole will need to relocated or replaced at the determination of the relevant authority.  Its new location will be determined by the relevant authority.

Is there any fencing proposed along the side boundaries?

The plans show a new colourbond side and rear boundary fence.

Where will the tow-truck park that is always parked out front?

The street has adequate kerbside parking for vehicles.

The rainwater tank will involve a pump that is likely to make noise.

Relevant noise attenuation conditions will be included in any consent.

A dilapidation report is requested.

A relevant condition will be included with any consent.

Property asbestos removal procedures need to be ensured.

Relevant conditions will be included with any consent.

The proposal will cause adverse economic impacts on the value of the objector’s property.

There are many factors that potentially could affect property values, ranging from the state of the property market and the perception and preferences of potential buyers, and any claim that the proposal would affect the values of adjoining properties is tenuous. Notwithstanding, it is considered that the positive physical, social and economic impacts of the proposal could well be reflected in future property values 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  Engineering Issues

 

The application was referred to the Development Engineers for comment.  No objections were raised subject to conditions with any approval.  The following comments were made:

 

Landscape Comments

 

Despite not being indicated on any of the plans, there is one small Callistemon viminalis (Weeping Bottlebrush) of 1-2 metres in height on Council’s Burke Street nature strip which will need to be removed to accommodate the proposed vehicle crossing in the location shown.

 

It is difficult to determine whether this tree was planted by the property owner or Council, however, it is an insignificant specimen, and as such, Council would not object to its removal subject to the applicant covering costs for a replacement street tree.

 

There are numerous other shrubs/small trees within the site, however, the site inspection revealed that they are all too small to be covered by Council’s Tree Preservation Order, and as such, conditions relating to them will not be included in this report.

 

NOTE: The Architect, Eva Lloyd 9315-5833, was advised by phone on 6th February 2006, that the plans will need to be slightly amended to show a reduction in the amount of hard surfacing at the front of the site so that an increased area will be available for the purposes of landscaping, with a condition to this effect included in this report.

 

Drainage Comments

 

Onsite detention of stormwater is required for this application.

 

The DCP 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 to submit detailed drainage plans to the PCA for approval prior to the issuing of a construction certificate.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

The proposal is assessable under the following controls: -

 

§ 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.

 

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  Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

 

The following clauses of LEP 1998 are relevant to the proposed development:

Landscaped Area

Clause 31(1) of LEP 1998 states that a minimum of 40% of the site area must be provided as landscaped area for the proposed development.  The proposal has 56% of the site as landscaped area and, therefore, complies.

FSR

Clause 32(1) of LEP 1998 states that a maximum floor space ratio of 0.5:1 applies to the proposed development.  The proposal has a floor space ratio of 0.5:1 and, therefore, complies.

Height

Clause 33 of LEP 1998 states that a maximum of 9.5 metres overall building height and 7.0 metre external wall height applies to the proposed development.  The proposed development has a maximum overall height of 6.6 metres and an external wall height of 6.6 metres and, therefore, complies.

8.2  Draft Environmental Planning Instruments

 

Draft Amendment No.36 to Local Environmental Plan 1998

 

The following clauses of LEP 1998 are relevant to the proposed development:

Clause 30(4) is to be replaced with the following:

The minimum allotment size for the erection of an attached dual occupancy within Zone No 2A is 450 square metres and each allotment must have a frontage of at least 15 metres.

The subject site has a total area of 481.4 sqm and, therefore, complies with the clause of the draft LEP.

Landscaped area

Clause 31(1) is to be replaced with the following:

Development, otherwise than for the purpose of a dwelling house, within Zone No 2A must provide a minimum of 50% of the total site area as landscaped area.

The proposed development has a landscaped area of 56% and, therefore, complies with the draft LEP requirement.

 

8.3  Development Control Plans

 

Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

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

Landscaping

 

Preferred Solution

Assessment

S1

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

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

S1

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

The above areas have dimensions of 5 x 5 metres. Complies.

S1

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

The above areas are located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

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

Notwithstanding, concern has been raised by Council’s Development Engineer (see earlier) about the amount of hard paved area in the front setback area of the development.  A condition will imposed with any approval that requires a redesign of the front yard area to allow for greater soft landscaped area.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed development is set back 6 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed development is at least 8 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 0.9 and 3.0 metres from the side boundaries. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 0.9, 1.5 and 3.0 metres from the side boundaries. Partial compliance – assessment below.

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

The proposed development does not