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

 

 

1st August, 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, 8TH AUGUST, 2006 AT 6.30 P.M.

 

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

 

Quorum:                                      Eight (8) members.

 

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

 

 

1           Apologies

 

2           Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 11TH JULY, 2006.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addresses to Committee by the Public

 

5           Development Applications

 

5.1                      

DIRECTOR, CITY PLANNING REPORT 68/2006 –

24 STEPHEN STREET, RANDWICK - SECTION 96 APPLICATION. DEFFERED

2

 


 

5.2                      

DEVELOPMENT APPLICATION REPORT –

135-139 ALISON ROAD, RANDWICK.

4

 

5.3                      

DEVELOPMENT APPLICATION REPORT –

65 MACQUARIE STREET, CHIFLEY.

41

 

 

5.4                      

DEVELOPMENT APPLICATION REPORT –

47 DENNING STREET, SOUTH COOGEE.

75

5.5                      

DEVELOPMENT APPLICATION REPORT –

46 WOLSELEY ROAD, SOUTH COOGEE.

97

 

 

 

5.6                        

DEVELOPMENT APPLICATION REPORT –

28 BELL STREET, MAROUBRA.

122

 

 

6           Miscellaneous

 

6.1                      

DIRECTOR, CITY PLANNING REPORT 69/2006 - SOCIAL IMPACT ASSESSMENT - LICENSED TRADING HOURS, COOGEE BAY HOTEL AND BEACH PALACE – UPDATE.

143

 

6.2                      

DIRECTOR, CITY PLANNING REPORT 70/2006 - REVIEW OF MEDIATION PROGRAMME.

155

 

 

7          Confidential Report

 

7.1

CONFIDENTIAL GENERAL MANAGER’S REPORT 26/2006 – ORGANISATIONAL STRUCTURE.

157

 

8           Notice of Rescission Motions

 

 

 

 

 

 

…………………………….

GENERAL MANAGER

 

 


 

Director, City Planning Report 68/2006

 

 

 

SUBJECT:

24 Stephen Street, Randwick - Section 96 Application.

 

 

DATE:

25 July, 2006

FILE NO:

DA/485/2005/B - PROP047951

 

REPORT BY:            DIRECTOR, CITY PLANNING     

 

INTRODUCTION:

 

On 29 September 2005 a Development Application (DA/485/2005) for a new first floor addition and associated alterations at 24 Stephen Street, Randwick, was approved.  The subject property is an existing semi-detached dwelling house that is part of the North Randwick Heritage Conservation Area.

 

On 3 May 2006 a Section 96 Application was lodged which requested a modification of the development consent to construct a balcony on the first floor of the streetscape elevation and relocate the rear retaining walls.  The proposed modification received three objections, the main concerns of which included the impact of the balcony on the heritage value of the area, in particular the row of predominantly intact semis.  This Section 96 Application was referred to the 11 July 2006 Health, Building and Planning Committee for determination at the request of Councillors Murray Matson, Paul Tracey, Margaret Woodsmith.  At that meeting the Committee resolved:

 

“That the application be deferred and the applicant be invited to submit

amended plans.”

 

Subsequent to this resolution amended plans were lodged by the applicant on 21 July 2006.  The amended plans proposed that motorised horizontal aluminium louvres be placed over the recessed balcony and built into the roof frame.

 

ISSUES:

Council’s Heritage Planner has previously advised that the hollowing out of the roof, creating a large hole in the roof volume, will significantly detract from the aesthetic significance of the semi-detached group of dwellings.  Whilst the proposed louvre system will address this concern to an extent, any alterations, including changes to the materials, will still adversely impact on the architectural character of the building and the streetscape presentation of the group of relatively intact buildings, but is preferable to the originally proposed recessed balcony.

 

RELATIONSHIP TO CITY PLAN:

 

The proposal will not contribute one of key outcomes of the City Plan in relation to the conservation of heritage in Randwick.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The applicant has submitted amended plans in accordance with Council’s resolution that provide for an operable louvre system over the opening to the proposed recessed balcony.  Should Council consider that the proposed amendments are satisfactory then a condition should be included in the consent requiring samples of the proposed louvres to be submitted to and approved by the Director, City Planning, prior to an amended Construction Certificate being issued.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority refuse consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 485/2005/B on property 24 Stephen Street, RANDWICK NSW 2031 for the following reasons:-

 

1.         The proposed recessed balcony and louvre system does not comply with Clause 43 of Randwick LEP 1998 as the proposed development would detrimentally affect the heritage significance of the heritage conservation area.

 

2.         The proposed recessed balcony and louvre system does not comply with the requirements of the draft North Randwick Heritage Conservation DCP and will adversely impact on the significance of the North Randwick Conservation Area and set a poor precedent for further inappropriate roof conversions.

 

3.         The proposed recessed balcony and louvre system does not comply with the objectives or performance requirements of the Height, Form & Material section of the Dwelling Houses and Attached Dual Occupancy DCP as it will result in the removal of approximately 22% of the area of the front plane of the roof, creating a large hole in the roof volume which would detract from the heritage significance of the area as well as detracting from the integrity of the group of ten semi-detached dwellings, which currently exhibit a reasonably consistent character.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR, CITY PLANNING

MANAGER – DEVELOPMENT ASSESSMENT


 

Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

26 July, 2006

FILE NO:

D/0128/2006 - PROP003765     

 

PROPOSAL:

 Internal alterations and refurbishment of the Randwick Labor Club by redesigning the internal areas creating new function rooms, administration area, new lounge and gaming area, new cool rooms, reconfigure the basement carpark and new front balconies as well as new internal stairs and fire upgrade.

PROPERTY:

 135-139 Alison Road, Randwick

WARD:

 North Ward

APPLICANT:

 Club Innovations

OWNER:

Randwick Labor Club Ltd -

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.       EXECUTIVE SUMMARY

 

The application is referred to Council as it is valued at $5,000,000.

 

The proposal is for the internal alterations and refurbishment of the Randwick Labor Club by redesigning the internal areas creating new function rooms, administration areas, new lounge and gaming area, new cool rooms, reconfigure the basement carpark and new partially projecting balconies to the street front (to be used as outdoor smoking areas in accordance with the Smoke Free Environment Act 2000) as well as new internal stairs and fire upgrades.

 

The applicant claims the site enjoys the benefits of ‘existing use rights’ under the Environmental Planning and Assessment Act on the basis that it has been operating (with development consent) commercially as a licensed club since the original approval was granted for the premises in 1971 and, hence, prior to the coming into force of RLEP 1998, and that the use has continued to operate since the original approval. A check of Council’s records indicates that the subject site has existing use rights and a merit based assessment of the proposal in accordance with Section 79C of the Environmental Planning and Assessment Act has been undertaken.

 

The outcome of the environmental assessment is that, apart from the design and impact of the proposed new balconies, the proposal overall is reasonable and acceptable, subject to modifications which could be addressed via conditions imposed on any consent. The proposed balconies partially project and encroach into public airspace over the road reserve, which is considered unacceptable and creates an undesirable precedent for future smoking area applications. The proposed encroachment of the balconies will also increase the prominence of an already very large and intrusive building in the streetscape. Accordingly a deferred commencement condition will be applied requiring the proposed balcony to be fully recessed within the envelope of the existing building. 

 

The recommendation is for deferred commencement approval subject to conditions.

 

2.       THE PROPOSAL

 

The applicant advises that the DA has been submitted to address the following major issues affecting the on-going operation of the premises:

 

(1)  Upgrade of fire safety and egress in accordance with the Building Code of Australia (BCA) and in respect of the Public Place of Entertainment (POPE) license

(2)  Creation of a smoke free environment within the premises through the provision of restricted outdoor (smoking) areas to comply with the requirements of the Smoke-free Environment Regulation 2000

(3)  As a consequence of (1) and (2) above, undertake a general refurbishment of the club premises.

 

Specifically the proposal includes:

 

Basement

 

§ Relocate access stairs to north-east corner to align with new foyer on Ground Floor and control access and improve security

§ Install new service lift

 

Ground Floor

 

§ Reconfigure main stair to provide direct egress to outside.

§ Create new foyer/reception area to provide improved presence to the street

§ Relocate administration area

§ Reconfigure back-of-house areas

§ Install new service lift

 

First Floor

 

§ Relocate access stairs to north-east corner to align with new foyer on Ground Floor

§ Install new service lift

 

Second Floor

 

§ Reconfigure back-of-house facilities to east of floor

§ Reconfigure bar and cashier areas

§ Relocate toilets

§ Create new balcony to north-east corner for outdoor area for use by smokers to meet Smoke-free Environment Regulation 2000

§ Install new service lift

 

Third Floor

 

§ Convert auditorium to flexible function rooms

§ Create new function kitchen and back-of-house facilities

§ Create new balcony to north-east corner for outdoor area for use by smokers to meet Smoke-free Environment Regulation 2000

§ Install new service lift

 

Mezzanine

 

§ Reconfigure existing administration area

 

Fourth floor

 

§ Construct new main production kitchen

§ Create new balcony to north-east corner for outdoor area for use by smokers to meet Smoke-free Environment Regulation 2000

§ Install new service lift

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Alison Road between Botany Street and Elizabeth Street, Randwick. The site is generally rectangular in shape with a frontage to Alison Road of 20.3m, an eastern side boundary of 38.3m, a southern rear boundary to Elizabeth Lane of 20.6m and a western side boundary of 38.5m.

 

Existing on the site is a six storey brick and concrete building containing the following uses:

 

Basement                     Car parking

Ground Floor               Entry, administration, parking and back-of-house facilities

First Floor                    Car parking

Second Floor               Gaming, lounge, TAB, bar, back-of-house facilities and toilets

Third Floor       Auditorium, bar, function room, back-of-house facilities and

                                    toilets

Mezzanine                    Board room and administration

Fourth Floor                 Cafeteria, dining room, lounge, bar kitchen and toilets

 

Development in the immediate locality is predominantly comprised of a variety of residential uses as described below.

 

To the north:

 

Across Alison Road to the north is a large three storey multi-unit housing complex.

 

To the west:

 

To the west are two two-storey multi-unit housing developments.

 

To the south:

 

Development across Elizabeth Lane to the south comprises the rear yards and parking areas of several four storey multi-unit housing developments fronting Silver Street.

 

To the east:

 

Adjacent the site to the east are two two-storey terraces at No.141-143 Alison Road (known as Rexmere, a Victorian boom style terrace, 1884) and No. 145-147 Alison Road (known as Hillcrest, Victorian terrace) which are included in the Randwick Local Environmental Plan 1998 as heritage items; a single storey terrace building at No. 149 Alison Road; and a two storey commercial/residential building on the corner of Alison Road and Elizabeth Street at No. 151 Alison Road. All these properties are owned by the Randwick Labor Club and an approval has been granted for sites collectively for the adaptive re-use/conversion of heritage items into three commercial tenancies, demolition of all other structures and construction of a part-3 and part-4 storey mixed retail/commercial and residential development.

  

The site is located approximately 150 metres to the west of the Randwick Junction Town Centre.

 

4.       SITE HISTORY

 

4.1     History of Site Usage

 

Development Consent was granted on 2 February 1971 for the erection of the existing licensed club. Since then, the site has been the subject of a number of previous Development Applications and Building Applications detailing alterations and additions to the building and this application details the latest, and a significantly larger, upgrading of the Club facilities.

 

The applicant submits that the existing building has been occupied, without abandonment, continuously since its approval, and that. Council’s records confirm this and, accordingly, the site has the benefit of existing use rights, as provided for under Sections 107 and 108 of the Environmental Planning and Assessment Act.

 

4.2     Application History

 

The proposal was the subject of a prelodgement development application which, following a meeting with the applicant and subsequent assessment, raised the following specific issues: 

 

§ Details of any changes in internal floor areas between specific uses to show that the proposal does not result in an intensification of uses within the existing Club as this would affect carparking numbers and the existing POPE license.

 

§ Impact of the proposed balconies on levels 2, 3 and 4 for outdoor smoking in terms of encroachment of the road reserve and visually increasing the bulk and scale of and already large and intrusive building in the streetscape and locality. The applicant was required to make the proposed balconies fully recessed within the envelope of the existing building.

 

§ Acoustic report required to assess the potential impact of noise to surrounding residents from the proposed outdoor areas including details of the number of chairs and tables, and appropriate operating hours, and restrictions on the use of all outdoor smoking areas

 

§ Potential loss of privacy to adjoining/surrounding residences from the use of any outdoor smoking area.

 

§ Measures to deal with potential disturbances and anti-social behaviour in outdoor smoking areas.

 

As discussed in the assessment sections below, with the exception of the design of the proposed balconies, all of the issues listed above have been addressed by the applicant in the development application and where necessary appropriate conditions have been applied to reinforce and augment these responses should approval be granted for the application. Specifically, a condition requiring the proposed balconies to be fully recessed within the building will be applied.

 

5.       COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with Council’s DCP – Public Notification. No submissions were received in response to the notification/advertising of the proposal.

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Environmental Health Comments

 

The Environmental Health Services advise as follows:

 

“PROPOSAL/HISTORY

 

Previous request for information is dated 8 March 2006. This proposal includes new outdoor balconies for use by smokers, in an effort for licensed premises to comply with the new ‘smoke free environment legislation’. The occupancy on the balconies and the use/hours of operation will be restricted, as per the information submitted with this application.

 

KEY ISSUES

 

Acoustics

Acoustic report prepared by Wilkinson Murray, report number 06132 Version A dated June 2006 titled “Proposed Upgraded Fit out Randwick Labour Club Noise Assessment” has been received and reviewed. It is noted that the number of persons to occupy each balcony is restricted and the hours and the consumption of food and alcohol. These issues and the compliance with the acoustic report are to be included as condition of consent.

 

Plan of Management

A condition requiring modifications to the submitted plan of management will be applied and the plan is to be submitted to and approved by Council prior to issue of a construction certificate for the proposed works.

 

RECOMMENDATIONS

 

Should the application be approved, the following conditions should be included;

 

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:

 

1.   The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am

 

2.   The Acoustic report and recommendations prepared by Wilkinson Murray, report number 06132 Version A dated June 2006 titled “Proposed Upgraded Fit out Randwick Labour Club Noise Assessment” shall be incorporated to form part of this consent, including (but not limited to);

 

a)   There shall be no food or drink permitted on the balconies

b)   As part of the management plan, regularly monitor the number of patrons occupying the balconies and their  behaviour

c)   Minimal furniture is to be provided to the balconies, including stools only

d)   Doors are to automatically close when patrons enter or exit the balconies

e)   The maximum capacity on each balcony is 20 persons

 

3.   The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon reasonable prior notice, the licensee must make available the incident book to the police and Council officers.

 

4.   A plan of management shall be submitted to and approved by Council prior to construction certificate being issued, which details the measures to be implemented so as to:

 

·        ensure compliance with the relevant conditions of approval,

·        minimise the potential impact of the operation of the premises upon nearby residents,

·        effectively minimise and manage anti-social behaviour,

·        minimise noise emissions and associated nuisances,

·        effectively manage and respond to resident complaints,

·        ensure responsible service of alcohol and harm minimisation

 

5.   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.

 

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

 

7.   The hours of the operation of the balconies are restricted to:-

 

a)   Monday to Wednesday – 10:00am until11:00pm

b)   Thursday to Friday     -  10:00 am until 1:00am

c)   Saturday                      -  9:00 am until 1:00am

d)   Sunday                                    - 9:00 am until 11.00 pm

 

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:

 

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

 

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

 

ADVICES

 

A1  Consideration shall be given to the use of wind proof ashtrays on the balconies so as to minimise the potential of ash and cigarette butts littering the local environment.”

 

6.2     Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

“The subject site is a six storey mid to late twentieth century commercial building.  The exterior features concrete wall panels articulated in an irregular manner between pilasters that divide the main elevation into three bays.  The fenestration is also irregular and consists of horizontally proportioned metal frame strip windows.  A metal cantilevered awning extends over the footpath from the first floor level with a large recessed entry flanked by equally large window openings with glass brick infill.  The building is substantially larger than the surrounding development which consists of modified dwellings and flat buildings from the later Victorian period through to the mid twentieth century.

 

The subject site is located within the vicinity of the St Judes Heritage Conservation Area which is to the north east across Alison Road and the Randwick Junction Heritage Conservation Area which is to the east and south east.  Individual Heritage Items are also located to the north west across Alison Road.  Those items are:

 

·    122 Alison Road – two storey Victorian villa, c.1890;

·    126-130 Alison Road – row of three two storey boom style detached dwellings, c.1905;

·    132 Alison Road – three storey art deco flat building, c.1940

·    136-138 Alison Road – two storey Federation period semi detached dwellings, c.1910-1915

 

The proposal is for a general refurbishment and upgrade of the Club premises.  Relevant to issues of heritage conservation the proposed works consist of:

 

·    new cantilevered balconies to the façade;

·    reconfiguration of the main entry.

 

As the subject site is not in a conservation area and is not a heritage item no heritage impact statement was required to be submitted with the development application.

 

The proposed cantilevered balconies are located along the western portion of the façade converting the existing window openings.  The majority of the balcony floor area will be recessed within the building form although balconies will be cantilevered past the façade wall.  The balcony openings will be almost floor to ceiling in height with frameless glass balustrades and openings to the return western elevation.  The proposed changes to the ground floor façade increases the size of the entry and replaces the glass bricks to the windows with fixed glazing to the west and a new masonry wall to the east.

 

The proposal is considered to have no detrimental heritage impact.  Firstly, the site itself is not considered to be of heritage significance and the proposed changes will not result in impact to significant fabric.  Secondly, the proposal will have no impact on the nearby conservation areas or heritage items because the balconies will not significantly alter the form or scale of the existing building.  Therefore there will be no change in the contextual relationship between the subject site and nearby heritage places.  The proposed balconies are considered to be a minor aesthetic improvement to the existing building as they provide some articulation to reduce the perceivable mass.  The proposed changes to the ground floor openings will have no impact as they are relatively minor alterations that do not affect a significant or sympathetic elevation or pattern of fenestration.

 

The proposed works is considered to result in no detrimental heritage impact.”

 

6.3     Development Engineering Comments

 

The Development Engineer advises as follows:

 

An application has been received for alterations to the existing club at the above site and the provision of balconies within public airspace along the Alison Road frontage.

 

Parking Comments

As per the prelodgement advice given in February 2006, the applicant has provided a summary of the existing and proposed public space floor areas, demonstrating there is no increase as a result of the proposed works. In addition, the applicant has indicated that the proposed works will not result in the loss of any car spaces (although several spaces will be relocated between the three car parking floors).

 

Comments on proposed balconies over Council’s footpath

Whilst the Development Engineer does not favour any part of a building being constructed in public airspace (except street level awnings), it is noted that the proposed balconies should have minimal impact on Council’s assets as they are located above existing street level awnings.

 

The following points are noted with respect to the proposed balconies:

 

·    The airspace occupied by the balconies shall be formally leased by the registered proprietor of the subject site in accordance Section 149 of the Roads Act 1993. Whilst Alison Road is a classified road, the RTA has advised that Council is still the roads authority. Consequently, the airspace must be leased from Council and the Director of Planning is required to approve the lease agreement.

 

Given that the Department of Planning has not yet granted approval for the proposed airspace lease, the following deferred commencement condition has been included in this report:

 

‘Prior to this consent becoming operational, the application shall obtain written approval from the Department of Planning for lease of the airspace occupied by the proposed balconies. The approval shall be issued in accordance with section 149 of the Roads Act (1993).’

 

·    The RTA has advised that whilst Council is the relevant roads authority, they elect to exercise Section 138 powers for state roads in accordance with the provisions of Section 64 of the Roads Act (1993). Consequently, consent under section 138 of the Roads Act (1993) is required from the RTA for erection of the balconies.

 

It is understood that the application has been referred to the RTA for consideration. The Planning Officer shall ensure that all comments/conditions issued by the RTA are included in the consent. Previous discussions with the RTA have indicated that they require public risk insurance for $20,000,000 (rather than $10,000,000) with the conditions contained in this report reflecting this requirement.

 

·    All works on the proposed balconies along the Alison Road site frontage shall be undertaken by a Council approved contractor at full cost to the applicant. The contractor engaged to undertake the works must hold full public liability in relation to any claims sustained as a result of the works.

 

·    A minimum 2 metre wide unimpeded pedestrian footway shall be maintained along Alison Road at all times during the construction works.

 

·    The balconies in Alison Road shall be designed to ensure that stormwater runoff from the balconies is directed back into the site stormwater system.

 

·    The applicant shall register a positive covenant on the title of the property (under section 88E of the Conveyancing Act 1919), which provides for:-

 

a)    The registered proprietors of the Lot(s) burdened to clean, maintain, renew and repair the balconies and stairs located over the public footway along the Alison Road site frontage, with all works being undertaken to the satisfaction of Council. The area shall be maintained in a clean, tidy and safe condition at all times;

 

b)    The registered proprietors of the Lot(s) burdened to hold full public liability in relation to any claims, demands, writs etc. sustained as a result of the balconies and stairs located over the public footway along the Alison Road site frontage;

 

c)    The registered proprietors of the Lot(s) burdened to keep a policy of public risk insurance with respect to the balconies and stairs along the Alison Road site frontage. The limit of public risk shall be not less than $20,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

 

NOTES:

 

a.    The policy shall extend to cover death or injury to any person and damage to property of any person sustained when such person is using or entering the balcony areas, the public footway beneath the balcony or the new stairs.

 

b.    The policy must name the Council as the owner and the registered proprietors of the Lot(s) burdened as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

 

c.    The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the registered proprietors of the Lot(s) burdened to the Council.

 

d)    The registered proprietors of the Lot(s) burdened to ensure that no structures are erected, nor goods stored, nor any work carried out in, on or over the public footway other than those approved by Council and the RTA.

 

e)    The registered proprietors of the Lot(s) burdened to meet the full cost for the balconies located over Council’s footpath to be removed (and the area reinstated to the satisfaction of Council), if either:-

 

·        The duration of the lease agreement (for use of public airspace) expires and a new lease is not entered into; or

·        The lessee fails to comply with the terms of the lease agreement and/or Council determines that the balconies are posing a safety hazard.

 

Comments on proposed new stairs in Alison Road

The above requirements (excluding the point relating to stormwater management and the lease agreement) would also apply in relation to the proposed extension to the existing stairs in Alison Road.”

 

6.4     Fire Safety Comments

 

Council’s Fire Safety Officer advises as follows:

 

“As discussed, having regard to the submitted fire safety report, the following conditions should be imposed on the DA:

 

1) The fire safety works identified in the recommendations made in the Warrington Fire Research (Aust) Pty Ltd report dated 21 December 2005 (which includes recommendations made by Paraclete Building Consultants Pty Ltd report dated 11 July 2005) are to be included in the Construction Certificate application and associated fire safety schedule. 

 

2) Progress reports detailing the fire safety works and which include the relevant certification/fire safety certificates, are to be submitted to Council on a six monthly basis.

 

3) A detailed report prepared by the fire safety consultant must be submitted to Council upon completion of each stage of works (1 & 2), as identified in the fire safety report.

 

4) A final fire safety certificate must be submitted to Council upon completion of each fire safety measure.”

 

6.5       Building comments

 

The Manager Environmental Health and Building Services advises as follows:

 

“The Proposal

 

It is proposed to make extensive internal alterations to upgrade the means of egress and improve the levels of fire safety, create outdoor smoking areas and generally renovate the entire premises.

 

BCA Building Classification

 

Class   -           9b        (Assembly Building/Place of Public Entertainment)

Class   -           7a        (Carpark)

 

Background

 

The existing building on site is a purpose built brick and concrete club bounded multi unit housing buildings.

 

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 included in the DA documentation and therefore would need to be incorporated in the documentation for a construction certificate.

 

Access for people with a disability:

 

The proposal demonstrates compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Privacy

 

It is noted that the proposed outdoor smoking balconies in the front elevation will have a severe privacy invasion impact on the occupants of the multi unit housing building opposite in Alison Road and suitable screening should be considered prior to determination of this application.

 

(Comment: This privacy issue is addressed in Section 10.3.2.3 below)

 

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.”

 

6.6     Issues Raised by External Bodies

 

6.6.1  Roads and Traffic Authority

 

The development application was referred to the RTA for comments and consent under Section 138 of the Roads Act 1993 which requires the RTA's consent for erection of structures (ie., the proposed balconies) within the road reserve of Alison Road which is a classified State Road.

 

On 30 July 2004, the Roads and Traffic Authority responded advising that no objections to the subject development application are raised subject to appropriate conditions including that both Council and the RTA be suitably indemnified against any claim in relation to the proposed structures /occupation over the road reserve.

 

It should be noted that the RTA also advised that Council, as the Roads Authority over the existing road reserve, being Alison Road, is responsible for the issue of a consent for the proposed structures/occupation of the road reserve under Section 138 of the Roads Act 1993, unless the RTA determines it should undertake the functions of the Roads Authority, as provided for in the Act. Notwithstanding this advice, and as assessed in Section 10.3 below, Council does not support the encroachment of the proposed balconies into the road reserve, and the applicant will be required, by way of a deferred commencement condition of consent, to fully recess the proposed balconies within the existing building envelope.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site area is 785 sqm which is less than the site area required for the preparation of a master plan under clause 40A of the RLEP98. Notwithstanding, this requirement cannot derogate from the existing use rights provisions of the EP&A Act (see assessment in Section 10.1.1 below).

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

8.1         Randwick Local Environmental Plan 1998

 

The site is zoned 2(c) under Randwick Local Environmental Plan 1998 (RLEP) and, whilst the proposal to refurbish the Club premises is prohibited within the zone, the applicant has satisfactorily established that the site has been used continuously as a “club” facility, being the approved use of the site, and not abandoned. The property, therefore, is considered to enjoy the benefits of “existing-use rights” (see assessment in Section 10.1.1 below).

 

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

 

Clause No.

Requirement

Provided

(Amended Proposal)

Compliance

31(2) - Landscaped Area

50% of site area

 

No changes proposed (existing site is built-up) 

N.A.

31(3) – Landscaped Area over Basement

Less than 50% of landscape  area requirement

No changes proposed (existing site is built-up) 

N.A.

32 - FSR

0.9:1

No increase in existing floor area proposed

N.A.

33(1) – Building Height

12m max. overall

No increase in existing building height proposed

N.A.

33(3) – External Wall Height

10m max. wall height

No increase in existing wall  height proposed.

N.A

Other Clauses

Effect

Applies

Comment

46 – Development in the vicinity of heritage item, heritage conservation area and potential archaeological sites.

Vicinity of Heritage Item or within conservation area.

Heritage items on adjoining eastern  lots and in vicinity of a heritage conservation area.

See heritage assessment in section below.

 

9.    POLICY CONTROLS

 

The DCP – Multi-unit Housing is applicable in land zoned Residential 2C. However, as discussed in Section 10.2 below, the provisions of this DCP do not apply in this instance given the existing use on the subject site.

 

Additionally, the provisions of the DCP – Parking and the DCP – Outdoor Advertising may be used as guides in assessing the proposed development.

 

10.     ENVIRONMENTAL ASSESSMENT

 

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

 

10.1   Statutory Controls – S79C(1)(a)

 

10.1.1        Existing use rights – S106 - S108

 

The applicant claims the site benefits from existing rights under the provisions of Section 106 of the EP&A Act.  This requires that the use of a building, work or land was lawfully granted and commenced.  As well, under Section 107, the use is presumed to be abandoned, unless the contrary is established, if the use ceases for a continuous period of 12 months.

 

As outlined in Section 4.1 above, the subject site has been the subject of a number previous Development and Building Applications detailing alterations and additions to the existing Labor Club building. Consent was originally granted for the erection of the club building on 2 February 1971. The applicant has advised that the premises has been occupied, and used continuously, as a licensed club since the granting of the original development consent, which has been confirmed through Council’s records. 

 

Accordingly, it is considered that existing use rights pertain to the site under Part 4, Division 10 of the EP&A Act and Part 5 of the Environmental Planning and Assessment Regulation 2000 (EP&A Regulation 2000) and as such provide a basis for the assessment of this application despite the proposed development being prohibited in the 2C Zone.

 

It should be noted that on 29 March 2006, the Environmental Planning and Assessment Amendment (Existing Uses) Regulation 2006 was gazetted so that, amongst other things, the amended regulation only permits an existing use to be :

 

(a)        enlarged, expanded or intensified; or

(b)        altered or extended; or

(c)        rebuilt; or

(d)        changed to another use.

 

but only if that use is a use that may be carried out with or without development consent under the Act. The proposal will be carried out under an existing development consent granted on 2 February 1971 for the erection of a licensed club.

 

It should be further noted that the amending Regulation also contains savings and transitional provisions which essentially protect the rights provided for under Sections 106 to 108 of the EP&A Act for an existing use that is the subject of an application for development consent made before the commencement of the amending Regulation. Accordingly, as existing use rights can be established for the subject site, the proposal to alter and refurbish the premises is protected by virtue of these savings and transitional provisions in the amending regulation. The subject site is considered to enjoy the benefits of existing use rights as provided for in Sections 106 to 108 of the Environmental Planning and Assessment Act 1979, provisions in the Act which remain unchanged.

 

Section 108(3) of the Act also provides that any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect. This effectively means that provisions (objectives, controls or standards) of an environmental planning instrument that would restrict the alterations or intensification of existing uses 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.

 

10.1.2        Randwick Local Environmental Plan 1998

 

As the site enjoys the benefits of existing use rights, the provisions of the Randwick LEP 1998 that would derogate from the “incorporated provisions” of the EP&A Act have no force or effect pursuant to Section 108 of the EP&A Act. Notwithstanding this, the relevant aims, objectives and development standards of the Randwick LEP 1998 are considered as a guide in the context of a merit assessment of the proposal. Having regard to this, the proposal, as indicated in Section 8.1 above, will not change the existing building’s height, floor space ratio and landscaping provisions as the proposed works will primarily be internal refurbishments and reconfiguration of the internal layout of the existing club. Accordingly, the development standards of the Randwick LEP relating to the Residential 2C zone will not affect the proposal.

 

10.2             Policy Controls – 79C(1)(a)

 

10.2.1  DCP - Multi-unit Housing

 

The DCP – Multi-unit Housing applies to all land within the City of Randwick that is zoned Residential 2C and 2B. Whilst the subject site is located in a Residential 2C zone, the provisions of this DCP does not apply to the proposal given that there is an existing approved licensed club building and premises on the subject site and, that the site has the benefit of existing use rights such that any provisions of this DCP that would derogate (that is, detract from) the “incorporated provisions” have no force or effect.   

 

10.2.2  Development Control Plan - Parking

 

The carparking requirement for the proposal under the DCP – Parking is calculated at a rate of 1 space per 6 sqm of bar, lounge, entertainment venues, restaurant, dining room, games room, auditoriums and disco plus 1 space per 3 employees and 1 space per manager/caretaker.

 

The applicant advises that the existing club currently provides for an approved 42 carparking spaces distributed over 3 levels. This carparking provision will remain unchanged under the proposal. It should be noted as well that the table in Section 10.3.2.1 below indicates that floor area for uses that generate patronage of, and visitors to, the club (ie., dining, gaming, entertainment, lounge and function areas) will reduce under the proposal so that there will be no requirement for any increase in carparking as there will be no intensification of use.

 

10.2.3  Development Control Plan – Outdoor Advertising

 

Council’s DCP–Outdoor Advertising has as objectives the reduction in visual complexity of the streetscape by providing limited numbers of effective signs and improving the visual quality of the public domain. The proposal will provide a new logo signage at the front of the building facing Alison Road near the club entry. Whilst no specific details of the material and size of the signage have been provided, the submitted elevation indicates that it will be below the existing awning level, flush-mounted to the wall (ie., non-projecting sign) and relate to the activities within the premises. As such, the location and placement of the proposed signage will comply with the specific requirements of the DCP as listed in Section 2.2 of the DCP:

 

§ No signs will protrude above parapet or attached to other roof structures. Signage is integrated into the design of the building.

 

§ No fin signs, projecting wall signs and above awning signs are proposed.

 

§ The wording and content of the signs relate to the premises as reflected in the corporate signage and colour.

 

§ Minimal upper level signage is proposed with most signs located at the major entry and focal point for corporate identity.

 

§ The proposed signage will be compatible with the design of the building.

 

A condition will be applied requiring details of the proposed signage to be submitted to Council for approval prior to issue of a construction certificate.

 

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

 

10.3.1              Natural Environmental Impacts

 

The subject site is located in an urban area close to the Randwick Junction Town Centre and is completely built upon by the existing Randwick Labor Club building. As such, there are no items of natural and/or environmental heritage existing on the site that will be affected by the proposal. 

 

10.3.2              Built Environmental Impacts

 

10.3.2.1           Urban Design

 

The proposal primarily involves reconfiguration and refurbishment of internal spaces mainly to ensure an upgrade of fire safety and egress in respect of the POPE licensed and to improve the general amenity of these spaces for patrons.

 

The only proposed external changes to the existing building will be as follows (comments on the design implications of these changes included):

 

§ Creation of balconies on the second, third and fourth floors to meet the requirements of the State Government’s Smoke Free Policy.

 

Comments: Initial concerns were raised at the prelodgement stage with the applicant regarding the visual impact of proposed balconies. The applicant was specifically requested to recess the proposed balconies fully within the envelope of the existing building. In the current application, the design of the balconies has now been amended as follows:

 

§ the cantilevered section of the balconies reduced from a minimum 1.5/maximum 2.5m projection to a regular 1m projection from the external wall.

 

§ creation of  internal balcony areas to adjoin the external projecting balcony areas on  the second, third and fourth floors.

 

§ deletion of solid concrete hoods over the proposed balconies.

 

§ provision of new openings in the western wall abutting the new internal balcony areas to ensure compliance with the requirements for open outdoor smoking area. 

 

Notwithstanding these changes, the projection of the proposed balconies beyond the existing building line and into the public road reserve remains a central issue that has not been addressed. The projecting balconies as proposed are unacceptable for the following reasons:

 

§ The Randwick Labor Club currently occupies a large building containing a significantly large amount of floor area on each level (with an overall size well beyond the density of buildings in the surrounding residential zone) such that it is considered unreasonable for public airspace to be encroached upon and set aside in the manner proposed by the Club. Accordingly, a requirement to recess three, 1m wide by 7.74m long, projecting balconies to within the existing building envelope of the Labor club is not considered to be unduly onerous on the existing facility given the size of the facility. 

 

§ Contrary to the applicant’s assessment, the provision of the three projecting balconies is not considered to enhance the visual character of the building but instead adds to the bulk and scale of the building. The projecting balconies will extend almost half way across the full length of the north elevation on the three levels in which they are proposed. The visual effect of the encroachment of the proposed balconies on a major street front (in this case Alison Road) is considered unacceptable.

 

The applicant contends that the provision of fully recessed balconies is not possible as such a design would not allow the minimum required surface area of the opening to be achieved. This argument is not considered valid for the following reasons:

 

§ The Smoke-free Environment Regulation 2000, provides guidelines for determining what is an enclosed public space (and hence for determining when a covered outside area is considered to be substantially enclosed for the purposes of the Smoke-free Environment Act 2000). The Regulation states that “A public space is considered to be substantially enclosed if the total area of the ceiling and wall surfaces (the total actual enclosed area) of the public space is more than 75 per cent of its total notional ceiling and wall area.” This effectively means that in order for an area to be considered an outdoor area it must have an opening equating to 25 per cent of the total surface area of any surface containing that space (not including the floor surface area). As such, the Regulation provides only a means for calculating the degree of “openness” that is required for an area to be considered outdoor for the purposes of the Act. It does not specifically dictate what the design and configuration of the outdoor space should be. Accordingly, a fully recessed balcony can be considered an outdoor area under the Act provided the necessary 25 per cent of opening is achieved for that area. In the case of the proposed development, a study of the floor plans for the second, third and fourth floors of the proposal indicates that the provision of appropriate openings for a fully recessed smoking area within these floors is wholly achievable. This may involve the provision of new openings on the side elevation of the building as is already evident in the current proposal in the form of new openings on the western return wall of the currently proposed balconies. It may mean that, for fully recessed balconies, these side openings may have to be made larger to achieve the necessary 25 per cent opening.

 

§ Contrary to the applicant’s view that the provision of the partially projecting balconies gives a better amenity and safety for people using the balconies in terms of circulation and standing area, it is contended that fully recessed balconies provide a safer and more amenable area for smokers simply by virtue of the physical containment afforded by a recessed design (that is, circulating and standing is fully contained within the envelope rather than extended out into public areas).

 

In view of the above, it is considered reasonable that deferred commencement condition be applied requiring the applicant to submit amended plans indicating the deletion of the projecting section of the proposed balconies and the balconies fully recessed within the envelope of the existing Randwick Labor Club building. 

 

§ Creation of a new foyer/reception area on the ground floor fronting Alison Road.

 

Comments: The creation of a new foyer/reception area will provide a newer and rejuvenated  interface between the Club and the street on Alison Road. The applicant advises that this will allow a better visual connection with pedestrians yet still clearly distinguishing between the public external and private internal spaces.

 

It should be noted that the applicant was requested to indicate the changes between internal floor areas between specific uses (that is, that there has been no intensification of uses within the dining, gaming, entertainment, lounge and function areas). The applicant has provided a plan of the changes on each level which indicates the following redistribution in floor areas:

 

 

Existing

Proposed

Second Floor (gaming, TAB & Lounge areas)

447sqm

434 sqm

Third Floor (Function Rooms, Auditorium & Lounge areas)

490 sqm

435 sqm

Mezzanine (Board Room, Office area & Gallery)

123 sqm

116 sqm

Fourth Floor (Cafeteria, Dining & Lounge areas)

494 sqm

453 sqm

Total

1554 sqm

1438 sqm

 

The internal reconfiguration of spaces will result in an overall reduction in floor area related to dining, gaming, entertainment, lounge and function areas in the order of approximately 116 sqm. This reduction has occurred primarily as a result of the provision of a new lift, the provision of partial internal balconies, and larger service and back of room facilities.

 

In relation to the fire upgrade to the premises relating to a POPE license, the applicant advises as follows:

 

“In April 2005 Randwick Labor Club obtained from Randwick City Council a Notice of Determination relating to a Place of Public Entertainment (P.O.P.E.) License.  A condition of the license was that the Club have prepared a Fire Safety Report.

 

This report was prepared and it identified that extensive upgrade works were required to bring the current premises up to an acceptable standard. 

 

In September 2005 a Fire Engineering Brief was prepared by Warrington Fire Research (Aust) Pty. Ltd. and submitted to Council for consideration.  This Brief was accepted by Council in October 2005.  (Copies of the Fire Engineering Brief and Council’s correspondence of 19 October 2005 accepting the contents of the report are included as Attachment A of the Statement of Environmental Effects.)

 

Following acceptance of the Fire Engineering Brief, a Fire Engineering Report was submitted to Council in December 2005.  This Report was accepted by Council in their correspondence of 6 January 2006(Copies of the Fire Engineering Report and Council’s correspondence are included as Attachment B of the Statement of Environmental Effects).

 

The recommendations contained in the Fire Engineering Report prepared by Warrington Fire Research (Aust) Pty. Ltd. have been incorporated into the planning illustrated in the attached drawings forming part of this Application, and will be incorporated into the Contract documentation.”

 

Council’s Fire Safety Officer has concurred with this description and included conditions to ensure that the fire safety measures as detailed in the relevant submitted reports are complied with.

 

10.3.2.2      Heritage Impact

 

Council Heritage Planner has assessed the proposal and concludes that the proposal would have no detrimental heritage impact as the subject site itself does not contain any item of heritage significance; the proposed changes will not result in impact to any significant fabric; and the proposal would  have no impact on the nearby conservation areas or heritage items because the balconies will not significantly alter the form or scale of the existing building. Accordingly, the heritage planner considers that there will be no change in the contextual relationship between the subject site and nearby heritage places. The heritage planner further considers that the proposed changes to the ground floor openings would have no impact as they are relatively minor alterations that do not affect a significant or sympathetic elevation or pattern of fenestration.

 

10.3.2.3           Sunlight, Privacy, Noise and Views

 

The majority of the proposed works will be internal refurbishments and reconfigurations of layouts such that there will be minimal changes to the envelope of the existing building with the exception of the proposed new balconies. As these balconies will be lightweight in nature and do not result in any physical increase in the height or bulk of the building, the proposal will not result in any changes to the existing over-shadowing impacts of the Labor Club building.

 

In terms of privacy impacts, the proposed balconies will primarily open onto Alison Road which is a wide road with the existing multi-unit housing complex on the opposite side being some 20m away. As such, loss of privacy to these properties from the proposed balconies will be minimal.

The applicant has submitted an acoustic report prepared by Wilkinson Murray, that assesses the nature of noise arising from the proposed use and operation of the proposed development including, but not limited to, the proposed balconies and mechanical ventilation; and the cumulative impacts of the existing and proposed works. The report included recommendations for the proposed management of noise and/or noise mitigating measures. These include that the number of persons to occupy each balcony is restricted and that no consumption of food and alcohol be permitted on the balconies. The report also included a proposed plan of management to minimise any potential noise and disruptive impacts arising from the use of the balconies. Council’s Environmental Health Section has assessed the acoustic report and finds the report adequate and satisfactory and have recommended conditions to ensure compliance with the recommendations of the acoustic report. Specifically, the plan of management will be required to include measures to address the following to ensure the amenity of adjoining and surrounding residential properties:

 

§ minimise the potential impact of the operation of the premises upon nearby residents,

§ effectively minimise and manage anti-social behaviour,

§ minimise noise emissions and associated nuisances,

§ effectively manage and respond to resident complaints,

§ ensure responsible service of alcohol and harm minimisation

 

Additionally, a system for recording and resolving complaints by residents in relation to the use of the premises including the proposed balconies will be required by way of a condition should approval be granted.

 

The proposal will have no impact in terms of view loss given that the existing building will remain essentially unchanged.

 

10.3.2.4      Parking, traffic and access

 

The number of parking provided will remain unchanged under the proposal and accordingly, there will be no increase in traffic generated as a result of the proposal especially in view of the fact that the internal reconfiguration of spaces will result in a reduction in floor area that generate patronage of, and visitors to, the club (ie. dining, gaming, entertainment, lounge and function areas).

 

10.3.2.5      Ecologically Sustainable Development

 

As the proposal primarily involves refurbishments and reconfigurations of the internal spaces of an existing business premises ie., the Labor Club, there are no requirements under Basix applicable to the proposal. Notwithstanding this, appropriate conditions to encourage water conservation and energy efficiency will be applied should approval be granted.

 

10.3.2.6           Social and Economic Impacts – S79C(1)(b)

 

The proposal will improve the amenity of the existing licensed club as well as provide for a completely non-smoking environment for patrons of the club by providing an amenity for members and patrons who do smoke in the form of open outdoor areas. Accordingly, the licensed club will continue to provide a social and leisure facility to the community albeit in an improved and upgraded condition in line with the licensing requirements of the POPE and the Smoke Free Environment Act 2000..

 

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

 

The Randwick Labor Club has used the existing premises on the subject site since 1972, and the current proposal seeks to refurbish and upgrade the existing facility under the provisions of Section 107 and 108 of the EP&A Act relating to existing use rights. Accordingly, the site is suitable for the proposed development.

 

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

 

The proposal has been notified and advertised in accordance with Council’s DCP – Public Notification. No submissions were received in response to the notification/advertising of the proposal.

 

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

 

The proposed development will be in the public interest as it will improve the level of fire safety to meet the requirements of the current BCA regulations particularly in respect of issues relating to a Place of Public Entertainment (POPE) Licence, and it will provide for completely non-smoking environment for patrons of the club by providing an amenity for members and patrons who do smoke in the form of open outdoor areas in line with the Smoke Free Environment Act 2000.

 

11        RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

11.1     Outcomes 

 

Outcome 9 : A strong local economy – The proposal will introduce upgraded club facilities (including a new state-of-the-art Function Centre, new bar and lounge area, new fine dining rooms  and new kitchens) to the community thus augmenting the stock of commercial and entertainment facilities in the town centre, and will encourage community patronage and visits,  all of which will contribute to a strong local economy.

 

Outcome 11 : A healthy environment – The proposal will ensure compliance with the fire safety requirements of the BCA in respect of a POPE and compliance with the Smoke Free Environment Act 2000 in respect of the provision of a non-smoking environment for patrons of the club by providing an amenity for members and patrons who do smoke in the form of open outdoor areas.

 

11.2     Directions and Actions

 

Direction 5a & associated key action : Improved design and sustainability across all development –The proposal will be required to incorporate energy efficient and water conservation measures through the appliances and services to be used in the upgraded facility which will contribute towards environmental sustainability.

 

Direction 9a & associated action : Vibrant town centres that adequately serve the community and support local business – The proposal, in providing for a refurbished and upgraded club premises close to the Randwick town centre, will facilitate the provision of services to the community as well as the growth of local economy thus contributing to the creation of a vibrant town centre.  

 

 

12.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13.     CONCLUSION

 

The proposed internal alterations and refurbishment of the Randwick Labor Club including new balconies is permissible on this site under existing use rights provisions of the EP&A Act. As discussed above, these changes to the club are largely necessary in order to meet the requirements of the current BCA regulations particularly in respect of fire safety relating to a Place of Public Entertainment (POPE) Licence, and the Smoke Free Environment Act 2000 to ensure a completely non-smoking environment through the provision of open outdoor areas in line with the Smoke Free Environment Act 2000.

 

A merits based assessment of the proposal has been made and the proposed alterations and refurbishment are considered acceptable and appropriate the site given the character of the area and the nature of the existing use with the exception of the proposed balconies on the second, third and fourth floors which as discussed above will be required to be fully recessed. The impacts of the proposed development in terms of noise, hours of operation and privacy have all been addressed by way of conditions on any consent should approval be granted. Specifically, these conditions will ensure that the use of the proposed outdoor smoking areas will have minimal impact on the amenity of adjoining and surrounding residents.

 

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

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 0128/2006 for the internal alterations and refurbishment of the Randwick Labor Club by redesigning the internal areas creating new function rooms, administration areas, new lounge and gaming area, new cool rooms, reconfigure the basement carpark and new front balconies as well as new internal stairs and fire upgrade at 135-139 Alison Road, Randwick, subject to the following conditions:

 

Deferred Commencement Conditions:

 

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

 

1.       Amended plans that delete the projecting sections of the proposed balconies that extend beyond the property boundary of the subject site. The area of the deleted sections of the proposed balconies may be included in the amended design but only in a recessed form and within the property boundaries of the site. 

 

Evidence required to satisfy these conditions must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

 

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

 

1.      The development must be implemented substantially in accordance with the plans numbered DA.02, DA.03, DA.04, DA.05, DA.06, DA.07, DA.08, DA.09, and DA.10 all Issue A, and stamped received by Council on 1 March 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 by the following conditions and as may be shown in red on the attached plans:

 

2.      The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted to the certifying authority, prior to the commencement of works.

 

3.      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.

 

4.      Details of the proposed new signage at the front north elevation shall be submitted to the Director of City Planning for approval prior to the issue of a construction certificate. 

 

5.      The storage of boxes, cartons, pallets, goods or any other material relating to the operation of the business other than a commercial garbage bin must be wholly contained within the premises.

 

6.      All loading and unloading associated with the use or operation of the premises shall be carried out within the designated loading dock

 

7.      No goods or machinery or advertising signs are to be placed on Council’s footway at any time.

 

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

 

9.      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.

 

10.    Appliances provided within the development must satisfy the following energy ratings:

 

Dishwashers minimum 3 star

Air conditioners minimum 4 star

Fridge minimum 4 star

 

The following conditions have been applied to ensure compliance fire safety controls:

 

11.    The fire safety works identified in the recommendations made in the Warrington Fire Research (Aust) Pty Ltd report dated 21 December 2005 (which includes recommendations made by Paraclete Building Consultants Pty Ltd report dated 11 July 2005) are to be included in the Construction Certificate application and associated fire safety schedule. 

 

12.    Progress reports detailing the fire safety works and which include the relevant certification/fire safety certificates, are to be submitted to the Director City Planning  on a six monthly basis.

 

13.    A detailed report prepared by the fire safety consultant must be submitted to the Director City Planning upon completion of each stage of works (Stages 1 & 2), as identified in the fire safety report.

 

14.    A final fire safety certificate must be submitted to Director City Planning upon completion of each fire safety measure.

 

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:

 

15.    The L10 noise level emitted from the licensed premises shall not exceed the background noise level (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level (LA90) in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12.00 midnight and 7.00am at the boundary of any affected residence.  The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am. 

 

16.    The Acoustic report and recommendations prepared by Wilkinson Murray, report number 06132 Version A dated June 2006 titled “Proposed Upgraded Fit out Randwick Labour Club Noise Assessment” shall be incorporated to form part of this consent, including (but not limited to);

 

a)   There shall be no food or drink permitted on the balconies

b)   As part of the management plan, regularly monitor the number of patrons occupying the balconies and their  behaviour

c)   Minimal furniture is to be provided to the balconies, including stools only

d)   Doors are to automatically close when patrons enter or exit the balconies

e)   The maximum capacity on each balcony is 20 persons

 

17.    The licensee must establish and maintain a formal and documented system for the recording and resolution of complaints made to the licensed premises by residents. All complaints are to be attended to in a courteous and efficient manner and referred promptly to the licensee or duty manager. The appropriate remedial action, where possible, is to be implemented immediately and the licensee or duty Manager is to contact the complainant within 48 hours to confirm details of action taken.

 

Upon reasonable prior notice, the licensee must make available the incident book to the police and Council officers.

 

18.    A plan of management shall be submitted to and approved by the Director City Planning prior to construction certificate being issued, which details the measures to be implemented so as to:

 

·        ensure compliance with the relevant conditions of approval,

·        minimise the potential impact of the operation of the premises upon nearby residents,

·        effectively minimise and manage anti-social behaviour,

·        minimise noise emissions and associated nuisances,

·        effectively manage and respond to resident complaints,

·        ensure responsible service of alcohol and harm minimisation

 

19.    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.

 

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

 

21.    The hours of the operation of the balconies are restricted to:-

 

(a)  Monday to Wednesday – 10:00am until11:00pm

(b)  Thursday to Friday     -  10:00 am until 1:00am

(c)  Saturday                 -  9:00 am until 1:00am

(d)  Sunday                   - 9:00 am until 11.00 pm

 

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

 

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

 

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

 

The following conditions are applied to ensure all works are undertaken in accordance with appropriate legislation and to Council’s satisfaction:

 

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.

 

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

 

25.    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.

 

26.    Written confirmation from the service authorities confirming that they do not object to the proposed location of the new stairs along the Alison Road site frontage shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

27.    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.

 

28.    The registered proprietor of the development site shall abide with any directive given by any public utility authority in relation to access requirements to any utility within the footpath area along the site frontage.

 

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

 

29. 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.

 

30. 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.

 

31. 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.

 

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

 

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

 

ii)         appoint a principal contractor for the building work, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)         notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

33. 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.

 

34. 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”.

 

35. 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.

 

36. 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.

 

 

37. 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.

 

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

 

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

 

39. 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 condition has been applied to protect the occupants and fire fighters in the event of fire:-

 

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

 

          a)           proposed building works

 

41. The existing levels of fire safety and amenity within the building are to be upgraded, in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied.  A Construction Certificate must be obtained for the subject works and the upgrading works are required to be implemented and completed prior to issue of an Occupation Certificate:-

 

Implementation of the fire safety upgrading works specified in the report dated 21 December 2006 prepared by Warrington Fire Research (Aust) Pty Ltd (including the recommendations made by Paraclete Building Consultants Pty Ltd in their report dated 11 July 2005) and submission of a final fire safety certificate upon completion of the works.

 

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:

 

42. 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.

 

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

 

44. All 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.

 

45. 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.

 

46. 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.

 

47. 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.

 

48. 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.

 

49. 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.

 

50. 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.

 

51. 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.

 

52. 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.

 

53. 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.

 

54. 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.

 

55. 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.

 

56. 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.

 

57. 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.

 

58. 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 have been applied to ensure compliance with Local Government Legislation and Policies of Council:

 

59. An amended application must be submitted to and approved by Council for the Place of Public Entertainment, in accordance with Section 68 of the Local Government Act 1993, prior to commencing any public entertainment.

 

60. The Place of Public Entertainment must be re-registered with the Council prior to occupation and on an annual basis.  Council’s registration/inspection form is to be completed by the proprietor and together with the appropriate fee, is to be forwarded to the Council, prior to the issuing of any occupation certificate.

 

Advisory Conditions

 

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

 

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

 

          a)       Part B1   -    Structural provisions

 

Details of compliance with the relevant provisions of the Building Code of  specifications for the construction certificate.

 

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

 

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

 

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

 

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

 

4.         Consideration shall be given to the use of wind proof ashtrays on the balconies so as to minimise the potential of ash and cigarette butts littering the local environment.”

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 July, 2006

FILE NO:

DA/140/2006 - PROP007185

 

PROPOSAL:

Alterations and additions to the front and rear of the existing dwelling and change of use to a child care centre for 28 children and 4 staff including new indoor and outdoor play areas, off street parking for 7 vehicles, new fence to side and rear boundaries, and hours of operation from 7:30am to 6:30pm Monday to Friday.

PROPERTY:

 65 Macquarie Street, Chifley

WARD:

 South Ward

APPLICANT:

 Mr N A Ahmed

OWNERS:

 Mr N Ahmed and Mrs F A Ahmed

 

 

 

 

 

 

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 Anthony Andrews, Chris Bastic, Robert Belleli, Bruce Notley-Smith, Ted Seng, Alan White.

 

The proposal involves alterations and additions to the existing dwelling and converting the dwelling to a child care centre catering for 28 children. The operating hours are 7:30am to 6:30pm, Monday to Friday. The applicant originally sought approval for 48 children and operating Monday to Saturday.

 

The subject site is located on the south-eastern side of Macquarie Street between Mitchell Street and Gibson Place in Chifley and is presently occupied by a single storey dwelling house. The site has a combined frontage width of 16.245m to Macquarie Street, a maximum depth of 51.945 metres and a total site area of 912.6sqm. The site is relatively flat. The surrounding area is residential in character and consists predominantly of one and two storey detached dwelling houses. The adjoining sites to the northeast are occupied by detached dwelling houses and the adjoining site to the southwest is a large Crown Land reserve and to the rear are the rear yards of the dwellings fronting Gibson Place and Anzac Parade. The site is in close proximity to Chifley Public School and Matraville Sports High School.

 

The subject application was lodged on 7 March 2006 and the owners of the adjoining and nearby properties have been notified and advertised in accordance with the Development Control Plan – Public Notification. A large number of submissions including two petitions containing a total of 156 signatures were received and most submissions raised concerns regarding the adequacy of on-site parking, traffic, safety, noise and amenity impacts. The applicant was advised to consider the issues raised by the objectors and make appropriate amendments.

 

The amended proposal was submitted on 10 May 2006 indicating a reduction in the number of children from 48 to 28 and reduces the opening days from 6 to 5 and increases the number of on-site car spaces from 5 to 7. The amended proposal was renotified in accordance with the Development Control Plan – Public Notification and a total of 24 individual objection letters and a petition containing 144 signatures were received and the issues are similar to the original proposal (i.e. traffic, parking and noise impacts, health and pedestrian safety issues, devaluation of the properties in the area, the need for a new child care centre in the area, etc).

 

The traffic implications of the amended proposal have been reviewed by Council’s Development Engineer and Transport Management Group and no objections were raised (see Section 8.1.3 of the report). In relation to the health and noise issues, Council’s Environmental Health Officer has reviewed the amended acoustic report and advised that the proposed noise mitigation measures will satisfy the relevant noise criteria/guidelines and conditions have been provided for inclusion with any consent granted (see Section 8.2.1 of the report).

 

The amended proposal should not result in any substantial adverse impacts upon the amenity of the adjoining premises or the character of the locality, subject to appropriate conditions of consent as contained within the Recommendation of the report.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves the conversion of an existing single residential dwelling house into a child care centre providing long day care for 28 children (i.e. 10 children between 0-2 years and 18 children between 2-5 years). The hours of operation are 7:30am to 6:30pm, Monday to Friday. The centre will employ a total of 4 staff. 

 

The proposed development will require external works such as the construction of an access ramp to the front entry, a new concrete driveway along south-western side boundary, provision of seven on-site car parking spaces including a disabled parking space (i.e. three spaces at the front and four spaces at the rear), three sand pits, three separated outdoor play areas, new fencing on side and rear boundaries and a store room adjacent to the electricity substation.  

 

The proposal also involves substantial internal alterations to the existing dwelling including the conversion of all living rooms into four indoor play areas, a staff room, a cot room and a disabled toilet. The existing kitchen, bathroom and laundry in the dwelling will remain. 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the south-eastern side of Macquarie Street between Mitchell Street and Gibson Place in Chifley and is presently occupied by a single storey dwelling house. Figure 1 is a photograph of the subject site.

 

Figure 1: The Subject Site

 

The site has a combined frontage width of 16.245m to Macquarie Street, a maximum depth of 51.945 metres and a total site area of 912.6sqm. The surrounding area is residential in character and consists predominantly of one and two storey detached dwelling houses. The site is also in close proximity to Chifley Public School and Matraville Sports High School. The adjoining sites to the northeast are occupied by detached dwelling houses, the adjoining site to the southwest is a large Crown Land reserve and to the rear are the rear yards of the dwellings fronting Gibson Street and Anzac Parade. Figure 2 is a photograph of the existing residential development on the north-eastern side of the site. Figure 3 is a photograph of the subject site and part of the adjoining Crown Land Reserve.

 

Figure 2: View of the north-eastern adjacent dwellings

 

Figure 3: View of the subject site and part of the adjoining Crown Land Reserve

 

It should be noted that there was a Scout Hall building on the south-western side of the subject site at 4 Gibson Place, which was demolished recently with Council’s consent.  Figure 4 is an aerial view of the subject site and surrounding area.

 

Figure 4: The subject site and surrounding area

 

4.    SITE HISTORY

 

4.1       APPLICATION HISTORY

 

The subject application was lodged on 7 March 2006 and the two weeks notification and advertising period commenced on 22 March 2006. A large number of submissions including two petitions containing a total of 156 signatures were received during this period and most submissions raised concerns regarding the traffic and parking impacts, amenity impacts such as the potential for excessive noise from children, health implication from potential asbestos contamination, and the need for another child care centre in the area, etc.

 

The applicant was advised to consider the issues raised by the objectors and make appropriate amendments to the proposal. An email was sent to the applicant on 27 March 2006 requesting additional information including calculation of the unencumbered indoor play area and useable outdoor play area, fencing details, age group of the children, and clarification as whether the existing electricity substation will cause any harm to the children.

 

Council received a report on electromagnetic field emission from electricity substation into child care centre, prepared by Magshield Products (Aust) International Pty Ltd on 10 April 2006. The report summarises the results of the electromagnetic field measurements taken on site, provides evaluation of the results in respect of safe exposure limits and recommends measures for protection against exposure to electromagnetic field.

 

A further email was sent to the applicant on 28 April 2006 outlining the issues in relation to the deficiency of the Traffic Assessment Report submitted with the application and the possible asbestos contamination on site.

 

The amended proposal was received by Council on 10 May 2006 which indicates a reduction in the number of children catered for from 48 to 28 and reduces the opening days from 6 to 5 and increases the number of on-site car spaces from 5 to 7. The amended proposal was renotified in accordance with the Development Control Plan – Public Notification and a total of 24 individual objection letters and a petition containing 144 signatures were received and the issues are similar to the original proposal (i.e. traffic, parking and noise impacts, health and pedestrian safety issues, devaluation of the properties in the area, the need for a new child care centre in the area, etc).

 

The applicant has submitted an amended acoustic report on 17 July 2006 which details the changes to the recommended noise attenuation measures correlate with the amended proposal. It should be noted that the amended report recommended a 2.1m high solid fence to be built around the perimeter of the proposed outdoor play area instead of the 2.6m high fence with 3m wide canopy/awing structure. 

 

4.2       HISTORY OF SITE USAGE

 

The following applications have previously been lodged for the subject site:

 

Application Number

Description

Determination

BA/284/1945

Cottage & garage

Approved, 6 November 1945

BA/1028/1984

Additions to the existing dwelling

Approved, 1 January 1984

BA/276/1991

Alterations and additions to the existing dwelling

Approved, 19 April 1991

BA/276/1991/A

Addition to the existing dwelling

Approved, 27 September 1991

 

5.    COMMUNITY CONSULTATION:

 

The original and amended proposals have been notified and advertised in accordance with Council’s Development Control Plan for Public Notification of Development Proposal and Council Plans.

 

5.1  Objections to Original Proposal

 

The following submissions were received during the notification and advertising of the original proposal:

 

1.   Mr & Mrs Henry – 1245 Anzac Parade, Chifley

2.   Mrs L Harpham – 1249 Anzac Parade, Chifley

3.   Mrs L Holloway – 1251 Anzac Parade, Chifley

4.   Mr J Holloway – 1251 Anzac Parade, Chifley

5.   Mr & Mrs Haines – 58 Macquarie Street, Chifley

6.   Mr & Mrs Pov – 59 Macquarie Street, Chifley

7.   Mr & Mrs M Lim-Sam – 61 Macquarie Street, Chifley

8.   Mr A Borg – 62 Macquarie Street, Chifley

9.   Mr W M Brookes & Mrs H E Brookes – 63 Macquarie Street, Chifley

10. Leonard W Rowe – 64 Macquarie Street, Chifley

11. Mrs J M Truskett – 67 Macquarie Street, Chifley

12. Mr L & Mrs C Blank – 6 Gibson Place, Chifley

13. Jodi Markham – 10 Gibson Place, Chifley

14. Mrs Sykes – 28 Gibson Place, Chifley

15. Ms D McMahon – 36 Gibson Place, Chifley

16. Mr & Mrs Attia – 38 Gibson Place, Chifley

17. Ms M Christian – 31 Hastings Avenue, Chifley

18. Mr F Holborow – 22 Brisbane Street, Chifley

19. Mrs J A Christian – 41 Lucas Avenue, Malabar

20. Val Farmer – Owner of Care-A-Lot Long Day Care Centre

21. Carmen Cook – Owner of Care for Kindies Kindergarten

22. Two petitions containing a total of 156 signatures.

 

5.2  Objections to Amended Proposal

 

The owners of the adjoining properties including the above objectors were notified of the amended proposal and the following submissions were received:

 

1.   Mr & Mrs K Morris – 1247 Anzac Parade, Chifley

2.   Mrs L Harpham – 1249 Anzac Parade, Chifley

3.   Mrs L Holloway – 1251 Anzac Parade, Chifley

4.   Mr J Holloway – 1251 Anzac Parade, Chifley

5.   D Schilling – 56 Macquarie Street, Chifley

6.   Mr & Mrs Haines – 58 Macquarie Street, Chifley

7.   Mr & Mrs Pov – 59 Macquarie Street, Chifley

8.   Mr & Mrs M Lim-Sam – 61 Macquarie Street, Chifley

9.   Mr A Borg – 62 Macquarie Street, Chifley

10. Mr W M Brookes & Mrs H E Brookes – 63 Macquarie Street, Chifley

11. Mr L Rowe – 64 Macquarie Street, Chifley

12. Mrs J M Truskett – 67 Macquarie Street, Chifley

13. Mr D Russell – 69 Macquarie Street, Chifley

14. Mr L & Mrs C Blank – 6 Gibson Place, Chifley

15. Jodi Markham – 10 Gibson Place, Chifley

16. Mrs Sykes – 28 Gibson Place, Chifley

17. Ms D McMahon – 36 Gibson Place, Chifley

18. Mr & Mrs Attia – 38 Gibson Place, Chifley

19. Mr F Holborow – 22 Brisbane Street, Chifley

20. Mrs J A Christian – 41 Lucas Avenue, Malabar

21. Ms M Christian – 31 Hastings Avenue, Chifley

22. Carmen Cook – Owner of Care for Kindies Kindergarten

23. Val Farmer – Owner of Care-A-Lot Long Day Care Centre

24. A petition containing 144 signatures (Ms C Blank – 6 Gibson Place, Chifley).

25. Mr C Henry & Ms L Henry – Resident in the area

 

Issues:

 

Most of the submissions raised similar concerns which are summarised and addressed by planning comments below:

 

a)   Child care centre in residential zone

 

§ Concerns with the permissibility of a childcare centre in the residential zone.

 

Planning comment

 

The proposal is a permissible form of development within the Residential 2A zone. It is acknowledged that the proposed development, if not properly managed, will have the potential to adversely impact on the amenity of residents in the adjoining area. However, the impacts may be ameliorated to an acceptable level with the inclusion of appropriate acoustic attenuation measures, conditions restricting the use, hours of operation, number of children in outdoor play area and a comprehensive Plan of Management to ensure compliance with the relevant conditions of approval.

 

b)    The need for more child care centre in the area

 

§ There is an existing pre-school/kindergarten establishment less than 1 kilometre on Anzac Parade.

 

§ There is no need for another childcare centre in Chifley area as the majority of the residents in this quiet suburb are retired, semi-retired or nearing retirement stage.

 

§ There is an oversupply of child care centres in the Chifley, Matraville and Malabar areas.

 

Planning Comment

 

The number of existing child care centres in the surrounding locality has been raised in the submissions as an argument to exclude further child care centres in the area and is not a valid planning reason warranting refusal of the application.

 

The broad economic and social aspects of the development, such as whether or not the community as a whole ‘needs’ the facility offered by the applicant is not a relevant planning matter under Section 79C of the Environmental Planning and Assessment Act, 1979. Market forces and fair trading legislation are the appropriate vehicles for regulating economic competition. The Land and Environment Court has made it clear on a number of occasions that the threat of competition to existing businesses is not a relevant planning consideration.

 

c)    Traffic impacts

 

§ Drop off and pick up of children will create traffic congestion and a hazard for pedestrian.

§ The increased traffic volume and noise level from the proposal will have a negative impact on the amenity of the locality.

§ Conflict between children and vehicles – by increasing the number vehicles on site, the risk of accidents is increased. Concerns with the vehicle not being able to exit the site in a forward direction when all 7 spaces are occupied.

§ The extra traffic would be dangerous to school children walking to and from Chifley Public School and congestion for Gibson Place residents.

 

Planning Comment

 

The traffic implications of the proposal have been reviewed by Council’s Development Engineer and Transport Management Group and are considered satisfactory. Full traffic and parking assessment has been addressed in Section 8.1.3 of this report.

 

The issue in relation to pedestrian safety has been addressed in Section 8.2.2 of this report.

 

d)    Noise impacts

 

§ The general amenity of the area will be prejudiced.

§ The noise from a childcare centre will be quite substantial.

§ The outdoor playtime should be restricted to minimise noise impact on the adjoining neighbours.

§ The noise from a child care centre would be intolerable for immediate neighbours.

 

Planning Comment

 

Detailed discussion of the above issues is provided in Section 8.2.1 of this report.

 

e)    Visual amenity impacts

 

§ The proposed canopy structure adjacent to the existing boundary fence will detract from the visual amenity of the locality.

 

Planning Comment

 

The amended proposal indicates that the canopy structure as proposed in the original application is unnecessary given the substantial reduction in the number of children. The amended proposal shows that the new fence around the perimeter of the proposed outdoor play area will have a maximum height of 2100mm, which will be approximately 300mm higher than the existing fencing on the subject site. It is noted that the existing fencing consists of a variety of different materials (i.e. timber, wire mesh and Colorbond) and appears in poor condition. The height of the proposed fence will improve the acoustic environment for the neighbours according to the recommendation in the applicant’s acoustic report. Furthermore, it is not considered that the additional height to the existing fence will result in any adverse impact on the visual amenity of the adjoining development.

 

f)     Health impacts

 

§ Concerns with the probability of asbestos being in the rear yard of the subject property.

§ The proposed outdoor play area and sand pit are located in close proximity to an electricity substation.

§ The disposal of the trade waste.

 

Planning Comment

 

In relation to the asbestos contamination issue, the applicant has submitted an Asbestos Clearance Certificate/Inspection Report, prepared by Airsafe Occupational Health Consultants, advises that the site is free of visible asbestos debris and no asbestos was found in the soil samples. Notwithstanding this, Council’s Environmental Health Officer has recommended that should the application be approved, a condition is to be included to ensure adequate environmental protection and occupational health and safety measures are carried out if any asbestos materials are encountered during future excavation or associated works. 

 

The applicant has also submitted a report on electromagnetic field emission from electricity substation into child care centre, prepared by Magshield Products (Aust) International Pty Ltd on 10 April 2006. The report summarises the results of the electromagnetic field measurements taken on site, provides evaluation of the results in respect to safe exposure limits and recommended a ‘no-go zone’ within the property in the area adjacent to the substation.

 

Appropriate condition is included in this report to ensure that trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales.

 

g)    Property values

 

§ Devaluation of adjoining and surrounding properties.

 

Planning Comment

 

Property valuation is considered a complex issue because there are numerous factors that potentially can affect the monetary value of a property. These may range from the overall state of the property market and the policy of financial institutions to the physical and locational conditions of a particular property and how these are shaped by personal perceptions and preferences of potential buyers and sellers in the market. As such, it is considered that, strictly speaking, the issue of property valuation is a matter that goes beyond the scope of matters of consideration under Section 79C of the Environmental Planning & Assessment Act, 1979, as any claim that the subject proposal would affect the value of adjoining and surrounding properties will be tenuous and a matter of speculation.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Development Engineer

 

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

 

Landscape Comments

 

Within Council’s reserve, just beyond the site’s southern boundary, there is one Casurina species (She-Oak) of approximately 8 metres in height which is covered by Council’s Tree Preservation Order.

 

A small amount of its canopy overhangs the common boundary into the site; however, it is at such a height that pruning would not be necessary to accommodate the proposed works, with no impact expected from excavations associated with the concrete driveway proposed along the southern boundary given the resilience of the species.

 

In the rear yard, beyond the southeast corner of the existing dwelling, towards the southern boundary, there is one Lophostemon confertus (Brush Box) of approximately 6 metres in height and 6 metres in width which is covered by Council’s Tree Preservation Order, and is deemed to provide a positive contribution to site amenity as well as shading which would be particularly valuable for such a proposal.

 

Co-dominant trunks exist close to ground level, with an attractive, dense canopy and slight lean to the northwest observed. The plans indicate the provision of additional hardstand spaces and a covered roofed structure completely encompassing this area of the site.

 

While an attractive specimen, it is not deemed overly significant due to the common nature of the species, and as it would not be physically possible to retain this tree and proceed as shown, approval is granted for its removal in lieu of replacement planting elsewhere within the site.

 

Beyond the northeast corner of the site, there is one Magnolia grandiflora (Bull Bay Magnolia) of about 6 metres in height which is covered by Council’s Tree Preservation Order, but is sited a reasonable distance from all proposed works and would therefore remain unaffected, with conditions not necessary.

 

Traffic Comments

 

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

 

The submitted plans show the provision of seven car spaces within the site, four at the rear and three at the front, adjacent to the pedestrian entry. The amended Traffic and Parking Impact Report by ML Traffic Engineers dated 7 May 2006 notes that two of the four rear spaces would be provided for long-term (staff) parking, with the other two at the rear and the three at the front for short-term (drop off and pick up) parking. Although meeting Council’s DCP – Parking requirements for staff (1 space per two staff members); based on the RTA Guideline’s parking rates of 1 space per 4 children in attendance, this equates to a deficit of some 2 drop off/pick up car spaces. It is noted that although the use of on-street parking facilities to provide sufficient drop off/pick up parking is generally not supported by the Development Engineer; the applicant’s Traffic Consultant has submitted detailed parking counts showing a minimum of 10 spaces being available, stating that these were within safe and convenient walking distance of the site at both morning and evening peak times.

 

It is understood that the application was also previously referred to Council’s Traffic Section for comment. The Planning Officer should ensure that all comments are received directly from the Traffic Section prior to any form of development consent being issued.

 

Waste Comments

 

Details of a Commercial Waste Contract are to be submitted to Council’s manager of Waste for approval and approved prior to the issuing of a construction certificate.

 

6.2  Transport Management Group

 

Council’s Transport Management Group has provided the following comments in relation to the amended proposal:

 

The Transport Management Group has assessed the amended traffic assessment report prepared by ML Traffic Engineers and has no objection to the revised proposal. The reduction in the scale of the proposal from 48 to 28 children in addition to the increase in off-street parking within the site to 7 vehicle spaces will ensure that there will be no adverse impact on the parking amenity of the adjoining residents.

 

6.3  Manager of Environmental Health and Building Services

 

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

 

6.3.1    Building Services comments

 

The Proposal

 

It is proposed to convert the existing single storey dwelling for use as a childcare centre.

 

BCA Building Classification

 

Class        -           9b        (Assembly building/childcare Centre)

 

Background

 

The existing building on site is a post war brick dwelling 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 included in the DA documentation.

 

Access for people with a disability:

 

The proposal demonstrates compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Standard conditions could be included to address these requirements to ensure compliance with the BCA and AS1428.

 

Conclusion:

 

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

 

6.3.2    Environmental Health Comments

 

Council’s Environmental Health Officer has reviewed the amended acoustic report received by Council on 17 July 2006 and the following comments are provided:

 

“The proposal

 

The development proposes to convert the existing house on the property to a childcare centre for 28 children.

 

Key Issues

 

Acoustics – General

 

The development has previously been assessed and conditioned on the basis of the centre having 48 children and the centre now provides for a reduction to 28 children. Also included is an additional car space and the premises is not proposing to operate on Saturdays.

 

The acoustic consultant has reviewed the changes and submitted an additional acoustic report titled Proposed Childcare Centre 65 Macquarie Street, Chifley Environmental Noise Assessment dated 14 July 2006.

 

In summary, the acoustic report states the following recommendations should be incorporated to ameliorate noise emanating from internal spaces:

 

·      The analysis of the open windows condition for play areas 1, 3 and the kitchen has been carried out and it has been found that they will not comply. Due to the low cut door the kitchen cannot be closed off from the play areas so the window can’t be open. The existing sliding door to play area 1 must remain closed.

 

·      All windows along the facade facing the house at 63 Macquarie St. are be required to be closed and be of a minimum 4mm acoustically sealed glazing (Rw not less than 27) (fixed or openable sashes) with acoustic seals. The entry door is to 45mm solid core timber with acoustic seals fitted around the perimeter equal to Raven RP10 and RP38 seals.

 

·      The windows on play area 1 facing Macquarie St. are to be closed and be of a minimum 4mm acoustically sealed glazing (Rw not less than 27) (fixed or openable sashes) with acoustic seals.

·      The window on the new extension facing the yard (SE), nearest to the boundary is to be closed and be of a minimum 4mm acoustically sealed glazing (RW not less than 27) (fixed or openable sashes) with acoustic seals.

 

·      The brick and fibrous cement sheet walls are sufficient and will not require upgrading.

 

In summary, the acoustic report states that the following recommendations should be incorporated to ameliorate noise emanating from the outdoor play areas and entry:

 

·      The children are not to be outdoors after 6pm and not before 8am.

 

·      A solid perimeter fence 2.1m high is to enclose the rear play areas from the laundry to the boundary, along the boundary perimeter to the driveway at the parking area. A 2.1m gate may be used between the laundry and boundary. The fence from the rear parking area to the end of driveway at Macquarie Street shall be a solid 1.8m high fence. Suitable materials for the solid (imperforate) fence are fibrous cement sheet, masonry, Hebel, lapped & capped timber paling, Colorbond. There are to be no gaps in the fence, especially at the ground. The existing fence may be retrofitted with these materials or a new structure built in front of the current fence.

 

·      A 1.8m high solid boundary fence should be constructed from the front boundary line to the building façade.

 

Acoustics – Hours of operation

 

The proposed hours of operation are 7:30am to 6:30pm Monday to Friday.

 

It should be noted that there is a potential for a nuisance to be caused and the amenity of the neighbouring residential premises to be affected due to the premises operating as a childcare centre, the close proximity to residential premises and potential noise which will emanate from the subject premises (in particular, noise from children utilising outdoor play areas). As such it is considered appropriate to restrict the use of the outdoor play area to specific times.

 

Consideration should therefore be given to the inclusion of the restricted hours of operation of the outdoor areas so as to further minimise the potential for the amenity of the neighbouring residential premises to be impacted.

 

Food safety requirement

 

Discussions held with the applicant and Council’s Senior Environmental Health Officer Natalie Frost on 22 March 2006 revealed that the preparation of food is proposed. I advised the applicant that the provisions of the Food Safety Standards would be required to be complied with and this would involve the installation of a separate hand washbasin.

 

Therefore, standard conditions should be attached to the consent in relation to the sale of food and construction of the kitchen area.

 

RECOMMENDATION

 

It is recommended that the application for the above-mentioned premises be approved subject to the following conditions being attached to the development consent.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

§ Randwick Local Environmental Plan 1998

§ Environmental Planning and Assessment Act 1979 (as amended)

§ Development Control Plan – Parking

§ Child Care Centres Policy (adopted on 13 June 2006)

§ 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

 

8.1.1    Randwick Local Environmental Plan 1998 (RLEP)

 

The proposed development is permissible in the Residential 2A zone and the proposed child care centre is permissible with Council’s consent. The following Clauses of the RLEP apply to the proposal:

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

40%

41%

Complies.

32 - FSR

0.5:1

0.18:1

Complies.

 

8.1.2    Draft Environmental Planning Instruments

 

None applicable.

 

8.1.3    Development Control Plan – Parking

 

The aim of this DCP is to provide standards and guidelines to achieve adequate provision for car parking, service and delivery areas and bicycle parking, based on sound design principles and safe access.

 

The following parking requirements apply to child care centres:

 

§  1 space for every 2 staff members in attendance plus adequate space for drop off/pick up of children.

 

The amended proposal provides a total of seven on-site car parking spaces including one disabled car space. There would be three drop-off/pick-up spaces in front of the site, two drop-off/pick-up spaces and two staff spaces at the rear of the site. The amount of on-site car parking for staff complies with Council’s DCP for Parking given that the applicant proposes four staff members.

 

In terms of the adequacy of the proposed number of drop-off/pick-up spaces, the applicant has submitted a revised Traffic Assessment Report indicates the proposed number of drop-off and pick-up spaces is adequate and there is significant availability of safe and convenient on-street parking opportunities for overflow drop-off and pick-up within the vicinity of the site.

 

The amended proposal was also referred to Council’s Transport Management Group for comments and no objection was raised. Reference was made to the Road and Traffic Authority’s (RTA) Guide to Traffic Generating Developments (Section 3.11.3) which states that at any given time, the number of cars searching for parking is approximately 0.23 cars per child. Based on a figure of 28 children, this would suggest that any given time during the 7am – 9am period, there could be six vehicles searching for parking, with each vehicle staying for an average of 6.8 minutes. Furthermore, the RTA Guidelines (Section 5.12.13) state that parking is to be provided at one space per every four children and concessions can be made if there is provision for safe on-street parking. This would equate to 7 spaces being allocated for drop-off/pick-up.

 

The amended proposal is considered to comply with the relevant requirements of the RTA guidelines in that five of the seven required spaces is being accommodated on site and the remaining two spaces would be accommodated on street within convenient, practical and safe location (i.e. along the frontage of the subject site and the adjacent Crown Land reserve).

 

8.1.4    Child Care Centres Policy

 

On the 13th of June Council endorsed the implementation of the Child Care Centres policy which aims at providing guidance for applicants and residents in respect to the location, siting and general planning considerations that are taken into account when assessing an application for the establishment of a child care centre within the Randwick Local Government Area.

 

The aims of the policy are:

 

§  to guide the location and design of child care centres in order to minimise environmental and social impacts;

 

§  to encourage centres with high levels of safety, security, environmental health and amenity; and

 

§  to provide a clear and concise document which guides applicants and the community on child care centre provision.

 

The policy requires any new applicants to submit a checklist for compliance with Department of Community Services (DOC’s) requirements. Since the subject application was lodged prior to the adoption of the policy, a checklist was not submitted, however a condition on the consent will be included to ensure compliance and it is unlikely that the development will fail to comply as the site area is relatively large and with the reduction of children proposed the development should be able to comply.

 

The proposal generally complies with section 7 of the policy which relates to the planning, location and design of the child care centre.

 

In general the proposal complies with the aims, objectives and general intentions of the policy.

 

8.2       Impact on Adjoining Development

 

8.2.1    Noise Impact

 

Substantial concern has been raised in the objections regarding the potential noise impact arising from the proposed child care centre. Council’s Environmental Health Officer has reviewed the acoustic report for both the original and amended proposal and has advised that the proposed noise mitigation measures as detailed in the acoustic report will satisfy the relevant noise criteria/guidelines (refer Section 6.3.2 of this report).

 

In order to further minimise the potential noise disturbance to the adjoining residents (in particularly, noise from children playing in the outdoor area), it is considered appropriate that the use of the outdoor play areas should be restricted to two sessions (i.e. before 11am and after 3pm). This measure will also ensure the children are not exposed to harmful levels of ultra violet light.  

 

8.2.2    Pedestrian Safety

 

Another issue of substantial concern raised in the submissions is the potential conflict between vehicles and pedestrian/children entering, leaving or passing the premises. It is noted that the proposed arrangement for drop-off/pick-up of children will require parents’ cars to pass the main stairs leading up to the front door of the child care centre or reverse into the three spaces in front of the site. There is always the possibility that a child might break free from a carer’s control while a car is reversing or passing the main stairs to the drop-off/pick-up spaces at the rear of the site. It is therefore considered appropriate that a Safety Policy is to be prepared by the operator/proprietor and distributed to all parents/carers. The Policy should contain various safety instructions, including the manner in which carers are to manoeuvre and park on the site and a reminder for strict control of the children, who should be carried or held firmly by hand while walking along the driveway and manoeuvring area.  

 

8.2.3    Hours of operation

 

The proposed hours of operation from 7.30am to 6.30pm Monday to Friday are considered appropriate in a residential area subject to the provisions of noise attenuation measures recommended in the amended acoustic report. It should be noted that the children attending the child care centre will spend a majority of the time inside the premises, participating in activities such as music time, story time, rest time, indoor play, morning tea, afternoon tea and lunch that will not be overly noisy and there is also a quiet/sleeping time in the middle of the day.

 

As noted previously, the outdoor activities will be restricted in morning and afternoon sessions and is considered to have a considerable benefit for nearby residents.

 

8.3       Site Suitability

 

The site is suitable for the purpose of a childcare centre. It is located in close proximity to schools so that parents can drop-off/pick-up children at the same time.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

The proposed development of the site as a child care centre will contribute to a liveable city that balances growth and change.

 

10.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.  CONCLUSION

 

The proposal is permissible with consent of Council in the zone in which the subject site is located.

 

This report demonstrates that the amended proposal with the inclusions of appropriate conditions, acoustic attenuation measures and management practices, should not result in any substantial adverse impact upon the amenity of the adjoining premises or the character of the locality.

 

Under these circumstances, the amended proposal is considered to be acceptable with regard to relevant town planning and environmental issues. It is therefore recommended that Council grant its consent to the application subject to conditions.

 

RECOMMENDATION:

 

A.   THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 140/2006 for Alterations and additions to the front and rear of the existing dwelling and change of use to a child care centre for 28 children and 4 staff including new indoor and outdoor play areas, off street parking for 7 vehicles, new fence to side and rear boundaries, and hours of operation from 7:30am to 6:30pm Monday to Friday. at 65 Macquarie Street, Chifley, subject to the following conditions:-

 

REFERENCED PLANS:  

 

1.    The development must be implemented substantially in accordance with the amended plans numbered A01 Rev A, A05 Rev B, A06 Rev B, dated February 2005 and received by Council on 10 May 2006 and A02 Rev D, A03 Rev C, A07 Rev C, dated February 2005 and received by Council on 17 July 2006, the amended Environmental Noise Assessment prepared by Acoustic Logic Consultancy Pty Ltd dated 14 July 2006 and received by Council on 17 July 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:

 

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

 

2.    The colours, materials and finishes of the external surfaces to the building including new awning, verandah, balustrades and windows are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

3.    The maximum number of children in attendance at the child care centre shall be 28 children at any one time. The operator/proprietor of the centre shall provide Council with a copy of the Department of Community Services license which shall comply with the maximum number of children specified in this condition.

 

4.    A maximum of four (4) staff shall be employed at the centre at any one time.

 

5.    The hours of operation shall be restricted to 7:30am to 6:30pm Monday to Friday.

 

6.    The proposed development shall be constructed/adapted in accordance with the NSW Children and Young Persons (Care Protection) Act 1998, and the NSW Childrens Services Regulation 2004 (Department of Community Services requirements).

 

7.    A detailed Management Plan shall be prepared and approved by the Director of City Planning prior to the issuing of the Construction Certificate and shall outline (but not be limited to):

 

§  The provision of meals and catering.

§  Schedule of activities, meal times and play times.

§  Number of staff and their duties.

§  System of signing children in and out of the centre.

§  How waste disposal and deliveries to and from the site will be managed.

§  Management of parking and stopping along the driveway.

§  Preparation of a Safety Policy to be handed out to all parents/carers outlining that they must comply with all the general road rules (e.g. no double parking, u-turns into and out of the site and they must obey all the general traffic rules and conditions) and parents are to park on the site whenever a drop-off/pick-up space is observed to be vacant. Parents’ cars are to be required to enter the site in a forward direction and pause in the driveway on the southern side of the site, then reverse into a drop-off/pick-up bay, in order to later drive out in a forward direction. A diagram illustrating the movements is to be included in this Policy. Parents are to be reminded that before carrying out this reversing movement, they should look to the rear and side to ensure that no child or other person will be in the path of the reversing car and before leaving the site, parents should take extra care that no child or other person is walking across the driveway. Parents who are walking across the driveway are to make sure that they firmly hold the hand of any child accompanying them or otherwise carry the child and any other policy directions for the safe, efficient and orderly operation of the centre as may seem appropriate to the centre operator may be included in the Policy.

§  Specify house rules to all staff relating to ensuring the centre is operated in a safe manner.

§  Measures implemented to minimise noise emanating from the premises. This is to include recommendations of the acoustic report, prepared by Acoustic Logic Consultancy Pty Ltd dated 14 July 2006 in relation to the closing of windows etc.

 

8.    The use of the outdoor play areas is restricted to 8:00am to 11:00am and 3:00pm to 6:00pm Monday to Friday.

 

9.    The outdoor play area is restricted to a maximum of twenty (20) children at any one time.

 

10.  All vehicles entering and exiting the site shall do so in a forward direction at all times.

 

11.  There must be no encroachment of the structure/s onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

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

 

13.  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.

 

14.  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.

 

15.  Two (2) car spaces are to be allocated as staff parking and sign posted as such. 

 

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

 

16.  The 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.

 

17.  In this regard, the operation of the premises 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 a LAeq, 15 min noise level, adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy.

 

18.  The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance.

 

19.  A report/statement, 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, conditions of Council’s approval and the acoustic report, prepared by Acoustic Logic Consultancy Pty Ltd dated 14 July 2006 and received by Council on 17 July 2006, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

20.  A report/statement is to be submitted to Council, prior to the issuing of a construction certificate, which demonstrates compliance with the recommendations outlined in Section 5 of the acoustic report, prepared by Acoustic Logic Consultancy Pty Ltd dated 14 July 2006 and received by Council on 17 July 2006. The recommendations are as follows:

 

§ The analysis of the open windows condition for play areas 1, 3 and the kitchen has been carried out and it has been found that they will not comply. Due to the low cut door the kitchen cannot be closed off from the play areas so the window can’t be open. The existing sliding door to play area 1 must remain closed.

 

§ All windows along the facade facing the house at 63 Macquarie St. are be required to be closed and be of a minimum 4mm acoustically sealed glazing (Rw  not less than 27) (fixed or openable sashes) with acoustic seals. The entry door is to 45mm solid core timber with acoustic seals fitted around the perimeter equal to Raven RP10 and RP38 seals.

 

§ The windows on play area 1 facing Macquarie St. are to be closed and be of a minimum 4mm acoustically sealed glazing (Rw not less than 27) (fixed or openable sashes) with acoustic seals.

 

§ The window on the new extension facing the yard (SE), nearest to the boundary is to be closed and be of a minimum 4mm acoustically sealed glazing (RW not less than 27) (fixed or openable sashes) with acoustic seals.

 

§ The brick and fibrous cement sheet walls are sufficient and will not require upgrading.

 

§ In summary, the acoustic report states that the following recommendations should be incorporated to ameliorate noise emanating from the outdoor play areas and entry:

 

§ The children are not to be outdoors after 6pm and not before 8am.

 

§ A solid perimeter fence 2.1m high is to enclose the rear play areas from the laundry to the boundary, along the boundary perimeter to the driveway at the parking area. A 2.1m gate may be used between the laundry and boundary. The fence from the rear parking area to the end of driveway at Macquarie Street shall be a solid 1.8m high fence. Suitable materials for the solid (imperforate) fence are fibrous cement sheet, masonry, Hebel, lapped & capped timber paling, Colorbond. There are to be no gaps in the fence, especially at the ground. The existing fence may be retrofitted with these materials or a new structure built in front of the current fence.

 

§ A 1.8m high solid boundary fence should be constructed from the front boundary line to the building façade.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

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

 

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

 

22.  The use and operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

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

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

24.  The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004 and Food Standards Code and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

25.  Food safety practices and operation of the food premises must be in accordance with the Food Act 2003, Food Regulation 2004, Food Standards Code and Food Safety Standards at all times, including the requirements and provisions relating to:

 

§   Food handling – skills, knowledge and controls.

§   Health and hygiene requirements.

§   Requirements for food handlers and businesses.

§   Cleaning, sanitising and maintenance.

§   Design and construction of food premises, fixtures, fitting and equipment.

 

26.  A failure to comply with the relevant food safety requirements is an offence and may result in legal proceedings, service of notices and/or the issuing of on-the-spot penalty infringement notices.

 

27.  The food premises must be registered with Council's Environmental Health section and the NSW Food Authority must also be notified of the food business in accordance with the Food Safety Standards, prior to commencement of food business operations.

 

28.  Upon completion of the work and prior to the issuing of an occupation certificate, the premises must be inspected by Council’s Environmental Health Officer to ascertain compliance with relevant Food Safety Standards and the written approval of Council (being the relevant Food Authority for this food business) must be obtained prior to the operation of the food business.

 

29.  The Proprietor of the food business and all staff carrying out food handling and food storage activities must have appropriate skills and knowledge in food safety and food hygiene matters, as required by the Food Safety Standards.

 

30.  The design and construction of food premises must comply with the following requirements, as applicable:-

 

§ The floors of kitchens, food preparation areas and the like are to be constructed of materials which are impervious, non slip and non abrasive.  The floor is to be finished to a smooth even surface, graded and drained to a floor waste connected to the sewer.

 

§ The intersection of walls with floor and plinths is to be coved, to facilitate cleaning.

 

§ Walls of the kitchen preparation areas and the like are to be of suitable construction finished in a light colour with glazed tiles, stainless steel, laminated plastics or similar approved material adhered directly to the wall adjacent to cooking and food preparation facilities or areas, to provide a smooth even surface.

 

§ The glazed tiling or other approved material is to extend up to the underside of any mechanical exhaust ventilation hoods and a minimum of 450mm above bench tops or other facilities and equipment.

 

§ Walls where not tiled are to be cement rendered or be of rigid smooth faced non-absorbent material (i.e. fibrous cement sheeting, plasterboard or other approved material) and finished to a smooth even surface, painted with a washable paint of a light colour or sealed with other approved materials.

 

§ The ceilings of kitchens, food preparation areas, storerooms and the like are to be of rigid smooth-faced, non absorbent material i.e., fibrous plaster, plasterboard, fibre cement sheet, cement render or other approved material.

 

§ All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters, bars etc…. to be supported on wheels, concrete plinths a minimum 75mm in height, metal legs minimum 150mm in height, brackets or approved metal framework of the like.

 

§ Cupboards, cabinets, benches and shelving may be glass, metal, plastic, timber sheeting or other approved material.  The use of particleboard or similar material is not permitted unless laminated on all surfaces.

 

§ A mechanical ventilation exhaust system hood is to be installed where cooking or heating processes are carried out in the kitchen or in food preparation areas, in accordance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2.

 

§ A hand washbasin is to be provided within the kitchen, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

 

§ Ceramic tiles being provided to a height of 450mm above bench tops, wash hand basins and similar fittings.

 

§ A numerically scaled indicating thermometer or recording thermometer, accurate to the nearest degree Celsius being provided to refrigerators, cool rooms, other cooling appliances and bain-maries or other heated food storage/display appliances.  The thermometer is to be located so as to be read easily from the outside of the appliance.

 

§ Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to the commencement of works.

 

§ Trade/commercial waste materials must not be disposed via council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales.

 

The following conditions are applied to ensure compliance with the Building Code of Australia and relevant Standards to ensure public health and safety.

 

31.  A report, prepared by a suitably qualified person is to be submitted to Council prior to an occupation certificate, which demonstrates and certifies the premises complies with the ventilation requirements in AS 1668 Part 2 and F4 of the Building Code of Australia.

 

The following conditions are applied to ensure adequate environmental protection and occupational health and safety.

 

32.  That, if any asbestos materials are encountered during future excavation or associated works, the following measures should be taken:-

 

·    Excavation and associated work must cease in the area.

 

·    If practical, barricades should be erected at a distance of 10 metres from the contaminated area.

 

·    A licenced asbestos removalist must be engaged to remove asbestos contaminated materials.

 

·    The licenced asbestos removalist shall obtain a ‘permit to remove Friable Asbestos Material under the provisions of the Occupational Health and Safety Regulation 2001.

 

·    During asbestos removal procedures a Nata Accredited company shall conduct air monitoring.

 

·    A certificate or statement, prepared by a suitably qualified person must be provided to Council upon completion of the works (prior to an occupation certificate being issued), which confirms that the conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

·    All work is to be performed in accordance with NOHSC Asbestos Code of Practice Guidance Notes (August 1988 and the Occupational Health and Safety Regulations 2001).

 

·    All 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 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.

 

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 and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)         notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

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 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 0.35% of the cost of the works.

 

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:

 

43.  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.

 

44.  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.

 

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

 

46.  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.

 

47.  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.

 

48.  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.

 

49.  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.

 

50.  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.

 

51.  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.

 

52.  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.

 

53.  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.

 

54.  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:

 

55.  Access and facilities for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 to the satisfaction of the Certifying Authority.  Details of the proposed access and facilities for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following conditions are applied to protect the occupants and firefighters in the event of fire:-

 

56.  The existing levels of fire safety and amenity within the building are to be upgraded, in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied.  A Construction Certificate must be obtained for the subject works and the upgrading works are required to be implemented and completed prior to issue of an Occupation Certificate:-

 

a)       Provide emergency lighting to the building, in accordance with the provisions of Clauses E4.2 and E4.4 of the Building Code of Australia and AS/NZS 2293.1 (1998).

 

b)       Provide exit signs to the Building, to satisfy the provisions of Clause E4.5 and E4.7 of the Building Code of Australia and AS/NZS 2293.1 (1998).  Exit signs must be visible at all times to indicate the way to a position of egress from the building to the satisfaction of Council.

 

c)       Provide portable fire extinguishers and a fire blanket to the kitchen, to satisfy the provisions of Clause E1.6 of the Building Code of Australia of Australia and AS 2444 (1995).

 

Civil Works Conditions

 

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

 

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

 

a)     Construct a concrete vehicular crossing and layback at kerb opposite the proposed vehicular entrance to the site.

 

b)     Reconstruct any damaged sections of concrete footpath along the full site frontage.

 

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

 

58.  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.

 

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

 

Alignment Level Conditions

 

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

 

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

 

·    20mm above the back of the concrete footpath at all points opposite the 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.

 

61.  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.

 

62.  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.

 

Service Authority Conditions

 

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

 

63.  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.

 

64.  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.

 

Waste Management Conditions

 

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

 

65.  Details of a Commercial Waste Contract are to be submitted to Council’s Manager of Waste for approval and approved prior to the issuing of a construction certificate.

Landscape Conditions

 

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

 

66.  Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon neighbouring properties. A landscape plan, prepared by a practicing professional possessing a minimum qualification of Associate Diploma in Landscape or equivalent, shall be submitted to, and be approved by, the certifying authority, prior to a construction certificate being issued.  The plan shall detail the proposed species, quantity, location and pot size at the time of planting.

 

67.  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.

 

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

 

Tree Management

 

69.  The applicant shall submit a total payment of $94.60  to Council,

 

a.         Being the cost for Council to supply and install 1 x 25 litre street tree (Eucalyptus botryoides, Bangalay) to the north of the proposed vehicle crossing at the completion of all works ($86.00 + GST).

 

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

 

70.  Approval is granted for the removal of the following tree subject to the provision of landscape treatment throughout the site, as per the plan approved for the construction certificate, which will contain at least 1 x 25 litre broad canopied replacement tree (not a palm). The species selected shall be one that will attain a minimum height of 6 metres at maturity.

 

a) One Lophostemon confertus (Brush Box) in the rear yard, beyond the southwest corner of the existing dwelling, towards the southern boundary, to accommodate the hardstand area as proposed.

 

ADVISORY MATTERS:

 

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

 

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

a)       Part B1       -     Structural provisions

b)       Part D3       -     Access for people with disabilities

c)       Part E1 -     Fire fighting equipment

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

24 July, 2006

FILE NO:

DA 253/2006

PROP015469

 

PROPOSAL:

 New brick garage and access driveway from adjoining unformed road reserve, to the existing multi-unit housing development.

PROPERTY:

 47 Denning Street, SOUTH COOGEE

WARD:

 East Ward

APPLICANT:

 Edifice Design Pty Ltd

OWNER:

 Mr A J Cogan

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

This application seeks consent to a new brick garage and driveway, gaining access to the site from the adjoining unformed portion of Wisdom Street. The site is zoned Residential 2A and the existing development on the site is a multi-unit housing development, a prohibited use in this zone under Randwick Local Environmental Plan 1998. However, the applicant is seeking to rely on the existing use rights provisions under the EP&A Act 1979, to permit additions to the existing use.

 

The existing development has a FSR of 0.71:1 which exceeds the 0.5:1 statutory maximum prescribed under Randwick LEP 1998. The application seeks a further minor increase to the FSR up to 0.76:1, based on the additional floor area of the proposed garage and supports this with an objection made pursuant to SEPP 1. However, the definition of gross floor area under Randwick LEP 1998 excludes associated carparking from the calculation of gross floor area. As such, the proposed garage does not constitute an increase in the FSR and a SEPP 1 objection is not necessary.

 

Randwick LEP 1998 also requires that development in the 2A zone, other than dwelling houses, provides a minimum landscaped area of 40% of the site area. The proposal provides approximately 28% of the site area as landscaped area. Notwithstanding the applicant’s intention to rely on the existing use rights provisions, under which circumstances the applicable planning controls are suspended., this non-compliance becomes a merit based issue, rather than a statutory consideration.

 

A total of four (4) objections were received following notification of the application. The main issues of concern are summarised as follows:

 

§ Exceeds FSR

§ Sets an undesirable precedent

§ Alienates public open space

§ Fails to comply with the 40% landscaped area requirement

§ Loss of views

 

Despite the additional garage, the proposed works will not result in a built form that is overly bulky, or out of character with the existing streetscape. The appearance of the new garage will be in keeping with the scale and style of the existing building and garage when viewed from Denning Street and will not exacerbate the bulk of the building when viewed from the foreshore areas to the east.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal seeks consent to the construction of a new brick garage to be located in the north-western (front) corner of the site. The garage is set back a minimum of 7.6m from the front boundary and 565mm from the northern boundary. Also proposed is a new portion of driveway, to access the garage from the unformed portion of Wisdom Street, which adjoins the northern boundary of the site. The driveway will link with the existing driveway, effectively providing for a ‘drive-thru arrangement. The works also involve construction of a portion of the driveway over the Wisdom Street road reserve.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is situated on the eastern side of Denning Street at South Coogee and is described as Lot 1 in DP 234095. The site is bounded by residential properties to the east, south and west (opposite side of Denning Street). Adjoining the northern boundary of the site is vacant land which is classified as Road Reserve. This land is an unformed portion of Wisdom Street, which is located to the east of the site and is affected by the sudden change in level between Denning Street and the land below.

 

The site is currently occupied by a building containing three (3) separate habitable units and therefore constitutes a multi-unit housing development. Unit 1 occupies the ground and lower ground floor. Unit 2 is situated on the lower ground floor, while Unit 3 occupies a further lower level. The three (3) units have not been Strata subdivided. A single car garage within Unit 2 on the middle level is shown on the plans. This garage is accessed via the Wisdom Street Road Reserve. However, there is no formed driveway that indicates this as a formal access. There is also a single car brick garage located on the southern side of the site, accessed via a driveway from Denning Street.

 

The site has an area of 597.4m2 and the property has a steep fall from west to east of approximately 7m. As such, the building appears as a single storey structure from Denning Street. However, the building is highly visible from the east and appears as a three (3) storey structure. The front Denning Street) elevation has retained the original architecture and appearance. The additions to the rear present as a more modern style of architecture, with contemporary materials and finishes.

 

4.    SITE HISTORY

 

The application was submitted to Council in April 2006. The proposed works are similar to a minor portion of the works that were proposed under a previous application refused by Council in 2005. Under the previous application, in addition to the proposed garage and driveway, alterations and additions were also proposed to Unit 1, essentially creating a 4th storey when viewed from the east. The alterations and additions were considered to be overly bulky and out of character with the surrounding built form, particularly when viewed from the ocean foreshore area.

 

It is also noted that prior to the 2005 refused DA, there were a further two (2) earlier DAs relating to the property. In February 2002, consent was granted to “alterations to existing residential flat building including new balcony to eastern elevation of building and fill and retain the south-eastern portion of the premises.” In March 2004, consent was granted to “new balconies to the eastern elevation of the building and alterations to the upper level of the existing multi-unit housing development.”

 

This application was subsequently amended in May 2004 under Section 96 of the EP&A Act 1979. The amendment granted approval to “extend the balcony to the northern elevation of the building and extend the terrace garden area to accommodate a patio area with associated sliding doors and new steps.”

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

Four (4) submissions objecting to the proposal were received following the notification period. A summary of the issues raised in each of these objections is provided below:

 

a.  49 Denning Street – Mr J R McEncroe & Mrs L M McEncroe

§ Traffic hazard and public safety risk for users of Wisdom Street open space due to proposed vehicular use.

§ Development incorrectly described as 3 separate units (single dwelling only).

§ Grossly excessive FSR.

§ Insufficient landscaping/open space

§ Insufficient detail provided in relation to garage colours and materials.

§ Additional driveway will obliterate public space.

§ No evidence provided to support assertion that vehicular access will be safer and easier due to the new driveway.

§ The applicant has not demonstrated that vehicles can adequately manoeuvre on the site.

§ The applicant has failed to demonstrate how pedestrians in Wisdom Street will be protected from vehicles when crossing the new driveway.

§ The driveway in Wisdom Street will interfere with public use and views.

 

b.  51 Denning Street – Mrs E J Turner

§ The proposal is a gross overdevelopment of the site.

§ There will be an unnecessary loss of open green space on Council land.

 

c.  60 Denning Street – Mrs J M Kenny on behalf of Mrs V M Nelson

§ The proposed FSR, if approved, will make a mockery of Council’s Codes and set an undesirable precedent.

§ Many residents believed this part of Wisdom Street was a reserve and Council should either re-zone it open space or re-open the road.

§ The proposed garage will interfere with views enjoyed by neighbours.

§ Does the application comply with the 40% landscaped area requirement?

§ The application should comply with the required 900mm side setback under Council’s Single Dwelling and Dual Occupancy DCP.

§ The proposal will result in a non-compliance with the requirement that driveways are not to exceed 35% of the site frontage.

 

d.  62 Denning Street – Mr Michael G Quilkey & Mrs Mary B Quilkey

§ The proposal increases the floor space ratio to an unacceptable ratio.

§ The proposal unnecessarily alienates public open space.

§ The proposed FSR sets an undesirable precedent.

§ It appears that the proposal will not comply with the landscaped area requirement.

 

5.2  Support

 

There were no submissions made in support of the application.

 

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:-

 

Landscape Comments

 

Within Council’s reserve (unformed Wisdom Street), growing on the embankment which slopes down to the east, there are numerous Banksia integrifolia (Coastal Banksia’s) of varying size and condition, with the two trees closest to the proposed vehicle access both being about 5 metres in height.

 

Ordinarily they would be too small to be covered by Council’s Tree Preservation Order; however, as they are located on public property, the applicant has a responsibility to ensure their protection.

 

The plans indicate that a sufficient setback would be provided between the western sides of their trunks to the eastern edge of the proposed driveway, and as such, only minimal protection measures have been included in this report.

 

It is understood that this reserve had been identified several years ago as a potential site for a community planting/garden scheme; however, no action has been taken during this time, and as the property owners have a legal right for vehicle access over this unformed road, no objections are raised in terms of its impact on the reserve.

 

Within the site, along the northern boundary, there is one Acmena smithii (Lilly Pilly) of about 5 metres in height which appears in poor condition and will need to be removed to accommodate the proposed garage as shown.

 

The site inspection revealed that it is too small to be covered by the provisions of Council’s Tree Preservation Order, and while technically speaking consent is not required for its removal, it has been provided in this report for the clarification of the applicant.

 

Near the centre of the front yard, there are two Syagrus romanzoffianum (Cocos Palms) of between 4-6 metres in height. This species is no longer covered by Council’s revised Tree Preservation Order, and as it appears that they will both need to be removed to accommodate the proposed internal driveway as shown, conditions provided in this report grant consent for their removal.

 

7.    MASTER PLANNING REQUIREMENTS

 

There are no master planning requirements for this site.

 

8.    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 Residential 2A under Randwick Local Environmental Plan 1998 (RLEP 1998). The proposed new garage and driveway are considered to be ancillary to the dominant use of the site. The existing development on the site, which constitutes multi-unit housing, is prohibited in this zone. However, the proposal seeks to rely on the existing use rights provisions under Section 108 of the Environmental Planning and Assessment Act 1979.

 

Council’s records indicate that in 1964, approval was granted to convert the existing dwelling house on the site into 3 separate occupancies. It is also acknowledged that Council has, under previous applications, accepted that the site benefits from existing use rights.

 

On the basis that the site enjoys existing use rights, the planning provisions that would normally apply to the site are suspended. Notwithstanding, they may be used as a guide in the context of a merit assessment. 

 

The site is within the Foreshore Scenic Protection Area (FSPA), as defined under Randwick LEP 1998. The purpose of the FSPA is to establish consent requirements for development in visually prominent areas along the coast, in order to protect and enhance their visual qualities.

 

8.1  Policy Controls

 

a.    Development Control Plan for Dwelling Houses and Attached Dual Occupancies

 

As mentioned above, on the basis that the site enjoys existing use rights, the normally applicable planning controls are suspended and the application is assessed on a merit basis. As the existing building is a multi-unit housing development, ordinarily it would be assessed against the requirements of the Multi-unit Housing DCP. However, as multi-unit housing is not permitted in the Residential 2A zone, it is considered that the controls of this DCP do not reflect the form and scale of development that Council envisages for the 2A zone. Although the proposal is neither a dwelling house or an attached dual occupancy, it is considered that this DCP provides the most appropriate development controls for the form and scale of development envisaged in the Residential 2A zone. As such, the following controls are suitable for assessing the impact of the proposed works on the existing character, adjoining properties and surrounding area:

 

Section 4.1 – Landscaping and Open Space

§ Requires a minimum of 40% of the site area to be provided as landscaped area

 

Section 4.7 – Garages, Carports and Driveways

§ Dwellings with 3 or more bedrooms to have 2 on-site parking spaces

§ Allow safe and convenient use and adequate manoeuvring space

§ Garages are not to dominate the streetscape and are to be compatible in scale, form, materials and finishes with the associated dwelling

 

Section 4.9 – Foreshore Development

§ Ancillary structures do not detract from the appearance of developments and are sympathetic to the landscape and visual qualities of the foreshore

 

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. The following matters are relevant to the recommendation for determination of this application:

 

9.1  Environmental Planning Instruments

 

9.1.1  Clause 9 – Randwick Local Environmental Plan 1998

 

Clause 9 of RLEP 1998 states that Council must consider the extent to which the proposed development is consistent with the specific objectives of the zone within which the development is proposed. The specific objectives of Zone 2A are:

 

(a)            to maintain the character of established residential areas.

 

Comment: The proposed new garage will not have an unreasonable impact on the character of the surrounding residential area. The garage is setback a minimum of 7.6m from the front boundary and due to the slope of the land, the floor level of the garage is located below the level of Denning Street. This will reduce the visual impact to Denning Street. The new garage is not set back behind the building line of the residential building. However, it is on a similar setback to the existing garage on the southern side of the site. As such, the garages will provide a balanced appearance on either side of the residential building.

 

The garage will not be readily visible from the foreshore area below and to the east. As such, the proposed works will not affect the visual appearance of the premises from surrounding vantage points to the east.  

 

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

 

Comment: The proposal does not affect compliance of this objective.

 

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

 

Comment: The proposal does not affect compliance with this objective.

 

(d)            to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality.

 

Comment: The proposal does not affect compliance with this objective.

 

9.1.2  Clause 29 – Randwick Local Environmental Plan 1998

 

Clause 29 of RLEP 1998 specifies that Council can only grant consent to erect a building within the Foreshore Scenic Protection Area (FSPA) after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

Comment: As mentioned above, the proposed new garage will not be readily visible from the foreshore, as it is located behind the master bedroom for Unit 1 in the existing building. Therefore, the proposed new works will not affect the aesthetic appearance of the existing building in relation to the foreshore.

 

9.1.3  Clause 31 – Randwick Local Environmental Plan 1998

 

Clause 31(1) of RLEP 1998 specifies that development, otherwise than for the purpose of a dwelling house, within Zone 2A, must provide a minimum of 40% of the total site area as landscaped area.

 

Comment: The applicant indicates that the site achieves the required 40% landscaped area. However, the proposed landscaped area has been calculated as being only 28% of the site area. Despite this non-compliance, as the application relies on existing use rights, the development standards are suspended and the landscaped area is assessed on merit, having regard to the objective for imposing the minimum landscaped area requirement.

 

The objective, as stated in RLEP 1998, is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban run-off and provide adequate areas of open space for recreational purposes.

 

The proposal results in the loss of approximately 32m2 of the existing landscaped area at the front of the site. As mentioned previously, due to the slope of the land, the garden area at the front of the site is below the level of Denning Street. As such, any low level landscaping will not be seen from the street. However, there are a number of larger trees within this front landscaped area, as well as within the Denning Street nature strip outside the site that contribute to the ‘streetscape canopy’ and visual quality. Three (3) of these trees are proposed to be removed to make way for the proposed driveway extension. These trees have been identified as being a Willow Myrtle of approximately 4metres in height and 2 Cocos palms between 4-6 metres in height. These trees were inspected by a Council officer in relation to the previous DA984/2004. It was deemed that these trees were not significant species and could be removed. Therefore, it is assumed that the intention to remove these trees under the current application is acceptable. The removal of these trees will slightly diminish the existing ‘canopy’, however, it is felt that this will not have an unacceptable impact on the visual quality of the streetscape. There are 2 mature Paperbark trees (approx. 7 metres in height) and a Norfolk Island Pine (approx. 12 metres in height) in the nature strip outside the site, as well as another paperbark and She Oak within the front garden area. Combined with the smaller bushes and shrubs visible above the sandstone front fence, these remaining trees will provide a sufficient softening of the development and streetscape appearance. The area of landscaping to be lost to the proposed driveway is not particularly useable for recreational purposes. As such, it is considered that despite the loss of landscaped area, there will not be a substantive change to the landscape appearance of the site and a reasonable amount of landscaping will be retained.

 

9.1.4  Clause 32 – Randwick Local Environmental Plan 1998

 

Clause 32 of RLEP 1998 specifies a maximum floor space ratio of 0.5:1 for buildings, other than those erected for the purpose of a dwelling house, within Zone 2A.

 

The existing building has an FSR of 0.71:1, well in excess of the statutory maximum. The applicant has requested a further increase to the FSR up to 0.76:1, based on the additional floor area of the proposed garage. This request is supported by an objection made pursuant to State Environmental Planning Policy No. 1 – Development Standards (SEPP 1). However, under the definition of gross floor area under RLEP 1998, associated carparking and any internal vehicular or pedestrian access to that parking, is excluded from gross floor area. As such, the proposed garage does not constitute additional floor space, and therefore, increase the existing FSR. This means that the SEPP 1 is not necessary. Irrespective, under existing use rights provisions, the FSR control is suspended.

 

9.1.5  Clause 39 – Randwick Local Environmental Plan 1998

 

Clause 39 of RLEP 1998 relates to unzoned land and states that a person may, with the consent of Council, carry out development on unzoned land, for the purposes of anything that is permitted on the adjoining land.

 

In this instance, the driveway and garage are ancillary to a residential land use, of which certain types of residential development are permitted in Zone 2A. As such, the proposed driveway over the Wisdom Street road reserve can be built with Council approval. It is noted that if consent is granted to this application, such consent is considered to be equivalent to an approval under the Roads Act 1993 and that a separate approval under S.138 of the Roads Act 1993 would not be required.

 

9.2  Development Control Plans

 

As mentioned previously, although not strictly applicable to the proposed development, the Dwelling House and Attached Dual Occupancy DCP best reflects the residential amenity Council is seeking to achieve for the Residential 2A zone. In Section 8.1 of this report, the most relevant controls in relation to the proposal were identified. These are discussed below on the basis of a merit assessment:

 

9.2.1  Section 4.1 – Landscaping and Open Space

 

Similar to the LEP requirement, the DCP calls for a minimum of 40% of the site area to be provided as landscaped area. Although it is considered that the site fails to comply with the 40% requirement, it is felt that despite the loss of landscaped area, there will not be a substantive change to the landscape appearance of the site and a reasonable amount of landscaping will be retained.

 

9.2.2  Section 4.7 – Garages, Carports and Driveways

 

The DCP requires dwellings with 3 or more bedrooms to have 2 on-site parking spaces. The proposed new garage is intended for use by the occupants of Unit 1, which contains 3 bedrooms. As such, the provision of a second parking space for this unit would be consistent with the DCP.

 

The DCP also nominates that designs should allow for the safe and convenient use and adequate manoeuvring space for vehicles. The proposal will satisfy this requirement. Even though there is sufficient manoeuvring room on site to allow vehicles using the existing garage to enter and exit the site in a forward direction. The opportunity for a driveway ‘loop’ will be beneficial to vehicular ingress and egress.

 

In terms of design, the DCP states that garages are not to dominate the streetscape and are to be compatible in scale, form, materials and finishes with the associated dwelling. The proposed new garage will be compatible in terms of scale, form and materials and finishes to both the existing garage and the front elevation of the residential building. The plans indicate that a similar roof pitch is provided to all 3 structures and the garage door and decorative gabling on the proposed garage will match the existing.

 

In terms of the visual impact of the additional paved area within the front setback, as the level of the site is set below the level of Denning Street and the existing sandstone fence across the Denning Street frontage limits views to the front garden area, the visual impact of the additional paving on the streetscape appearance will be minimal.

 

N.B. It is noted that under the Multi-unit Housing DCP, a parking rate of 1.5 spaces per 3 or more bedroom unit is required. This is 0.5 of a space less than the requirement for dwelling houses and dual occupancies.

 

9.2.3  Section 4.9 – Foreshore Development

 

The DCP requires that ancillary structures do not detract from the appearance of developments and are sympathetic to the landscape and visual qualities of the foreshore.

 

The proposal will satisfy these criteria. The proposed garage will provide a degree of symmetry to the streetscape appearance, in that combined with the existing garage, it will provide ‘book-ends’ to the residential building. The appearance of the built structures will be softened by the landscaping in the front setback and nature strip. As the garage will not be easily visible from the foreshore areas, it will not impact upon the landscape and visual qualities of the foreshore.

 

9.3  Submissions

 

A summary of the issues raised by the objectors was provided in Section 5.1 of this report. A number of the issues raised have already been discussed in the body of the report . However, comments on the main issues are provided below:

 

9.3.1  Exceeds FSR

 

Comment: It is acknowledged that the existing building already considerably exceeds the maximum FSR prescribed for Zone 2A under RLEP 1998. However, the proposed garage does not constitute additional floor area for the purpose of calculating FSR. As such, despite the additional structure, there is no increase to the FSR, as defined under RLEP 1998.

 

9.3.2  Sets an undesirable precedent

 

Comment: It is unlikely that the works proposed under this application will set an undesirable precedent. The works consist of a new garage, with no changes proposed to the residential building.

 

9.3.3  Alienation of public open space

 

Comment: For all intents and purposes, the unformed portion of Wisdom Street appears to be a ‘pocket’ park and therefore, part of the open space network.. This is accentuated by the fact that the land is grassed and supports a number of trees and bushes. However, as a dedicated road reserve (and unzoned land), this land is not an ‘official’ piece of public open space and the residents of No. 47 Denning Street have a legal right to use this land as a means of access to their property.

 

9.3.4  Fails to comply with the 40% landscaped area requirement

 

Comment: This issue has been discussed previously. Refer to the discussion at Section 9.1.3 of this report.

 

9.3.5    Loss of view

 

Comment: This concern has been raised by residents on the western side of Denning Street. The top of the pitch of the new garage roof will be approximately 2m higher than the level of the flat roof of the residential building behind. This will potentially reduce the line of sight towards the ocean that is currently afforded over the existing section of flat roof. However, it is noted that the vantage afforded by this line of sight is already restricted by the trees within the nature strip, in the front setback area of the property and on the Wisdom Street road reserve. Therefore,  in terms of the overall loss of view caused by the new structure, there will be minimal additional impact.

 

10.  RELATIONSHIP TO CITY PLAN:

 

Direction 5a and associated key action:  Improved design and sustainability across all development.

 

The proposal will contribute to the overall pool of well designed buildings in Randwick City.

 

11.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.  CONCLUSION

 

The proposal seeks consent to the construction of a new brick garage and driveway in association with the existing multi-unit housing development at No. 47 Denning Street, South Coogee. The existing development is a non-conforming use and the application is relying on the existing use rights provisions under the Environmental Planning and Assessment Act 1979, in order for Council to legally consider the proposed works. Council can be satisfied that the site benefits from existing use rights.

 

The proposed works do not constitute additional floor area and therefore, do not contribute to an increased FSR for the site. The works are in keeping with the scale and character of the surrounding area and will not dominate the streetscape appearance.

 

On the basis of existing use rights, the planning controls that would normally apply are suspended and the assessment becomes merit based. Given the existing use of the premises as multi-unit housing, ordinarily the proposal would be assessed against the Multi-unit Housing DCP. However, given the Residential 2A zoning, it is considered that the Dwelling House and Attached Dual Occupancy DCP is a more appropriate document for the purpose of a merit based assessment, as this DCP envisages the scale and character of development that Council intends for this low density residential zone.

 

Despite the additional garage, the proposed works will not result in a built form that is overly bulky, or out of character with the existing streetscape. The appearance of the new garage will be in keeping with the scale and style of the existing building and garage when viewed from Denning Street and will not exacerbate the bulk of the building when viewed from the foreshore areas to the east.

 

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 253/2006 for new brick garage and access driveway from adjoining unformed road reserve, to the existing multi-unit housing development at 47 Denning Street, South Coogee, 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 DA1, DA2, DA3, DA4 and DA5 dated March 2006 and received by Council on 10 February 2006, and DA10B dated 10 January 2006 and received by Council on 7 April 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.         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 City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

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

 

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:

 

4.         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.

 

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. 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.

 

6.         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.

 

9          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.

 

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

 

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

 

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

                                                  

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

 

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

 

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

 

11        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.

 

12        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”.

 

13        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.

 

14        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.

 

15        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.

 

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

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

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

 

17        The demolition, removal, storage, handling and disposal of building products and materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, 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.

·        Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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.

 

18        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.

 

19        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.

 

20        Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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

 

21        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.

           

22        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.

 

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.

 

23        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

 

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.

 

24        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.

 

25        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.

 

26        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.

 

Civil Works Conditions

 

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

 

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

 

a.   Construct a concrete vehicular crossing in Wisdom Street to service the proposed vehicular entrance at the northwest corner of the site.

 

Note: This shall be constructed to match up to the existing concrete vehicular crossing in Denning Street.

 

28        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.

 

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

 

Alignment Level Conditions

 

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

 

30        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 the proposed driveway shall be:

 

·    Eastern edge: RL 46.80 (AHD)

·    Western edge: RL 47.00 (AHD)

 

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

 

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

 

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

SERVICE AUTHORITY CONDITIONS

 

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

 

33        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.

 

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

LANDSCAPE CONDITIONS

 

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

 

35      That part of the naturestrip upon Council's footway or Council’s reserve 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.

 

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

 

TREE MANAGEMENT

 

37        Approval is granted for the removal of the following trees to accommodate the proposed vehicle access and garage as shown, with replacements not required given the insignificance of both species.

 

b.   One Acmena smithii (Lilly Pilly) within the front yard, along the northern boundary.

c.   Two Syagrus romanzoffianum (Cocos Palms) within the centre of the front yard.

 

38        The applicant shall not prune any branches from any of the Banksia integrifolia (Coastal Banksia’s) growing on the sloped embankment within Council’s reserve (unformed portion of Wisdom Street), to accommodate the proposed works. Should pruning be necessary, the applicant will be required to contact Council’s Landscape Development Officer on 9399-0613 to make the necessary arrangements to have this work performed by Council’s authorized officers, at the applicant’s expense.

 

39        The applicant will need to lodge the required amount to cover Council’s costs for any pruning works with Council, prior to the issue of a final occupation certificate.

 

TREE PROTECTION MEASURES

 

40        In order to ensure the retention of the stand of Banksia integrifolia (Coastal Banksia’s) growing on the sloped embankment within Council’s reserve, unformed portion of Wisdom Street, in good health, the following measures are to be undertaken:

 

a.         All detailed documentation submitted for the construction certificate application shall show the retention of the existing trees adjoining the proposed works, with the position of their trunks and full diameter of their canopies clearly shown on all drawings.

 

b.         There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within 2.5 metres of the trunks of any of these trees within Council’s reserve.

 

ADVISORY CONDITIONS

 

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

ANDREW ROBINSON

DIRECTOR, CITY PLANNING

CONSULTANT


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

17 July, 2006

FILE NO:

D/0909/2003/B - PROP010455

 

PROPOSAL:

 Section 96 application to  modify the approved plans by way of external and internal changes including a change in roof form and materials, relocation and re-orientation of the swimming pool and retaining walls, location of air conditioning units, and enlargement of vehicular crossing.

PROPERTY:

 46 Wolseley Road, South Coogee

WARD:

 East Ward

APPLICANT:

 M Beris

OWNER:

M and M Beris

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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 Councillor Margaret Woodsmith, Murray Matson and Ted Seng.

 

The application is made pursuant to Section 96 (2) of the Environmental Planning and Assessment Act, 1979, as amended (EPA Act) to modify Condition No.1 of the consent to Development Application No. 909/2003 (DA 909/2003) generally seeking to authorise consent for works undertaken during construction not in accordance with the approved plans.  These include internal and external alterations to the dwelling house, swimming pool and driveway crossing.  The main changes proposed, which are also the subject of the 12 objections received resulting from the notification of the proposal, being the following:-

 

·          a change in roof form and materials from a parapet with metal roof behind to a concreted roof slab, which has been extended beyond the parapet line by approximately 500mm to 1m to form eaves, with downlights incorporated under the eaves (downlights not shown on plans);

·          incorporation of air conditioning to the dwelling with the compressor located adjacent to the northern elevation of the garage on or above the external stairs from the drying area to the rear yard;

·          re-alignment of retaining walls and enlargement of driveway crossing on Council property on the Cairo Street frontage to the site;

·          realignment of all stairs, swimming pool and retaining walls to be approximately perpendicular to the side (north and south) boundaries, modifications to finished levels, with the swimming pool relocated closer to the western boundary and as a result of the excavation works undertaken to date, now requiring reconstruction of failed retaining wall along the western boundary with No. 17 Garnet Street.

 

Consent to Development Application No. 909/2003 for alterations and additions to the existing dwelling house, including a new first floor addition and swimming pool was granted under delegated authority by letter dated 6 April, 2004. 

 

Following complaints from neighbours regarding damage to the rear (western) boundary retaining wall common with No. 17 Garnet Street and investigation by Council’s Senior Planning and Environment Compliance Officer on 20 December, 2005, an Emergency Order under Section 124 of the Local Government Act, 1993 was issued to the owners of 46 Wolseley Road on 28 December to shore the defective retaining wall. 

 

As well, variations to the consent were identified by Council’s Senior Planning and Environment Compliance Officer and as a consequence a Notice to Cease Work Activities was issued by Council’s Regulatory Building and Development Control Section on 22 December, 2005 and has remained in force up and until the date of the writing of this report.

 

The issues raised in the objections are listed in Section 5.1 of the report and include the extent of the unauthorised works resulting in a development which is not substantially the same as originally approved; any retrospective approval providing a precedent for unauthorised works; damage to the rear (western) retaining wall and adjoining and nearby land resulting from unauthorised excavation works for the relocated swimming pool; replacement of the parapet and metal roof with a concrete roof slab, with extended eaves resulting in a visually unattractive roof interfering with neighbours ocean and district views, with associated downlights within the eaves creating a lighting nuisance; location of air conditioning units, their visual impact and potential noise nuisance; increased encroachment of the vehicular crossing on the Cairo Street nature strip, alienation of public land and interference with turning manoeuvres for cars leaving No. 13 Cairo Street; and the nature and height of the dividing fence between Nos. 44 and 46 Wolseley Road.

 

It is considered that the variations to the approved plans may be considered under a Section 96(2) application as the modified development is considered to be substantially the same as originally approved as the height, bulk, scale and form of the development have not been substantially altered and the variations sought may be considered under a merit assessment and in relation to Section 79C of the Environmental Planning and Assessment Act, 1979.

 

A merit assessment of the issues raised in respect to the variations proposed by the Section 96 application have been undertaken (refer Sections 6.1 and 9.2 of the report ) and it is considered that the application may be approved subject to the modification of a number of conditions and the imposition of additional conditions of consent, in particular with regard to the construction of a new retaining wall, covering the roof slab with pebbles and appropriate conditions regarding noise emissions from air conditioning units and swimming pool plant and equipment.  Other changes to the plans not identified by the applicant have been deleted in the recommendation for approval.

 

2.    THE PROPOSAL

 

The application is made pursuant to Section 96 (2) of the Environmental Planning and Assessment Act, 1979, as amended (EPA Act) to modify Condition No.1 of the consent to Development Application No. 909/2003 (DA 909/2003) relating to the approved plans.

 

Amended plans have been lodged to reflect works that have been undertaken on the site which vary from the approved plans, in particular the main variations being the following:-

 

 

·          a change in roof form and materials from a parapet with metal roof behind to a concreted roof slab, which has been extended beyond the parapet line by approximately 500mm to 1m to form eaves, with downlights incorporate under the eaves (down lights not shown on plans);

·          incorporation of air conditioning to the dwelling with the compressor located adjacent to the northern elevation of the garage on or above the external stairs from the drying area to the rear yard;

·          re-alignment of retaining walls and enlargement of driveway crossing on Council property on the Cairo Street frontage to the site;

·          realignment of all stairs, swimming pool and retaining walls to be approximately perpendicular to the side (north and south) boundaries, modifications to finished levels, with the swimming pool relocated closer to the western boundary and as a result of the excavation works undertaken to date, now requiring reconstruction of failed retaining wall along the western boundary with No. 17 Garnet Street.

 

In detail, the alterations to the approved plans as constructed or as proposed to be constructed also include the following:-

 

Level 1

 

·          Relocation of the front steps to be in alignment with the front door.

·          Balcony constructed to Study in position where stair landing previously proposed.

·          Internal wall of Study adjacent to front entry removed to form an open area.

·          Area to rear of Bedroom 4 excavated as an additional room approximately 3.5m x 3.5m, with opening formed from Bedroom 4.  This area has been designated as a store room, with water tank shown located in this area.

 

Level 2

 

·          Opening created from Bedroom 2 underneath stairs for storage and linen cupboard from hallway deleted.

·          Doors to laundry and bathroom relocated, with the bathroom reconfigured.

·          A cellar/storage area under the garage.  No stairs are shown, however, wall reconfiguration to the north-east corner of the garage to allow ladder access from hallway of dwelling.

·          Separate cellar and bin store area removed adjacent to garage and garage enlarged into this area.  As well, the garage has been expanded in area to the north by approximately 500mm and to the west by approximately 300mm.

·          Window to Bedroom 3 reconfigured in shape and size.

·          Four (4) new window openings to the northern wall for the laundry, bathroom and ensuite.

·          Air conditioning unit located externally adjacent to the northern wall of garage on or above stairs leading from a designated drying area to rear yard.  These stairs have been increased in width by 650mm from the approved plans.

 

Level 3

 

·          Steel square posts along the front elevation have been constructed as brick columns to support the concrete roof in lieu of metals metal roof as originally approved.

·          External planters on the northern side have been elevated and storage created below with internal access from living/dining room.

·          The approved skylight on the northern side has been deleted and the planter extended into this area.

·          Changes to the fenestration to the family room (northern and southern elevations), stairwell (southern elevation) and living /dining room (southern and eastern elevations).

·          Change to configuration of eastern viewing deck (not listed or marked on plans) by way of incorporation of previously approved planter on the northern edge of the deck into the deck area. 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

 

Figure 1: Site and locality

 

The subject site is located on the south-western end of Wolseley Road, at its termination with Cairo Street and is identified as Lot 12 in DP 1055 and is regular in shape, having a total site area of 408.8m2.  Construction works are under way relating to the consent (DA 909/2003) for alterations and additions to the existing dwelling house. (refer Figures 2 and 3 below).  The site has a steep fall from the rear (west) to Wolseley Road at the front.

 


Figure 2: Subject site from Wolseley Road

 

 

Figure 3: Subject site from Cairo Street

 

Located on the adjoining site to the north (44 Wolseley Road) is a two storey dwelling house with a garage/ancillary structure at the Wolseley Road frontage and with a terrace level above in a similar arrangement as the subject site (its relationship with the subject site can be seen in Figure 4).  Located to the rear (west) of the site is No. 17 Garnet Street, containing a part one/two storey dwelling house (refer Figure 5).

 

 

Figure 4: No. 44 Wolseley Road

adjoining the subject site to the north

 

 

Figure 5: No. 17 Garnet Street to the rear (west)

 

Located on the southern side of Cairo Street in the immediate vicinity of the subject site are dwelling houses in elevated positions with respect to Cairo Street, while to the rear of the subject site, in elevated positions with respect to the site are dwelling houses that front Garnet Street.

 

4.    HISTORY

 

Consent to Development Application No. 909/2003 for alterations and additions to the existing dwelling house, including a new first floor addition and swimming pool was granted under delegated authority by letter dated 6 April, 2004.  As a consequence of submissions received, height poles were requested to ascertain the degree of view loss occasioned by the proposed development.  Subsequently amended plans were approved which reduced the scale and height of the development to minimise potential view loss, in particular to No. 13 Cairo Street.  The consent was granted following the submission of amended plans, which reduced the scale and height of the proposed development.

 

A construction certificate relating to the approved development application was issued by Essential Certifiers on 2 May, 2005 with Mersina Beris issued an Owner Builder Permit on 18 April, 2005.

 

Investigation of neighbour’s complaints by Council’s Senior Planning and Environment Compliance Officer on 20 December, 2005, revealed that damage had occurred to the rear boundary wall and side returns at 17 Garnet Street during excavation works for the swimming pool at 46 Wolseley Road, with the rear wall and bottom terrace of 17 Garnet Street in danger of collapse.  On the same day, Council gave directions for the immediate need of temporary shoring to the existing rear retaining wall of 17 Garnet Street to avoid collapse/damage.  It was also directed that this be done in consultation with a Geotechnical Engineer to advise on ground conditions and failure planes and a structural engineer to advise on remedial works.  

 

A Notice of Intention to give an Order under the Environmental Planning and Assessment Act, 1979 was issued to the owners of 46 Wolseley Road by Essential Certifiers, dated 20 December, 2005.  The terms of the order were to comply with the development consent conditions, including construction in accordance with the approved plans.

 

A Notice to Cease Work Activities was issued by Council’s Regulatory Building and Development Control Section on 22 December, 2005 and has remained in force up and until the date of the writing of this report.

 

On 23 December, 2005, the existing pool excavation was identified as being closer to the adjoining property to the rear (17 Garnet Street) and deeper than originally indicated with limited temporary shoring to support the adjoining property.  As well, Council’s Compliance Officer identified variations had taken place to the consent.

 

An Emergency Order under Section 124 of the Local Government Act, 1993 was issued to the owners of 46 Wolseley Road on 28 December to shore the defective retaining wall with certification from the structural engineer to be provided to Council on completion of works.

 

On 10 January, 2006, a Section 96 (2) application was lodged with Council seeking retrospective approval for the breaches of the development consent.

 

A Site Audit of the variations to the development consent and the construction certificate was undertaken by Essential Certifiers and received by Council’s Planning and Environment Compliance Officer on 13 February, 2006.  This contained further variations to the consent not initially identified in the Section 96 application and the applicant was consequently requested to provide plans and documentation which clearly related to all works undertaken and for which retrospective approval was sought under the Section 96 application.  This was provided to Council on 10 May, 2006.  As well the applicant was requested to provide additional information in relation to driveway design details and retaining walls on Council land in order for Council’s Engineers to assess the construction location of the retaining walls in relation to the previously approved location and a pebble sample proposed to be used as a roof treatment, which has subsequently been received.   

 

5.    COMMUNITY CONSULTATION:

 

The proposal was notified and advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans, until 30 January, 2006.  As a result, 12 submissions were received from the following:

 

·          Fiegal and Associates Pty Limited (on behalf of J and A Downie of 17 Garnet Street) of PO Box 226, Ramsgate

·          Herbert/Geer and Rundle Lawyers (on behalf of J and A Downie of 17 Garnet Street, South Coogee) of Level 26, 2 Chifley Square, Sydney

·          J and A Downie of 17 Garnet Street, South Coogee

·          C R Churchill of 11 Garnet Street, South Coogee

·          G Puren and A Brennan of 7 Cairo Street, South Coogee

·          V Ward of 1 Cairo Street, South Coogee

·          J Bowmer of 9 Garnet Street, South Coogee

·          D and D Guerriau of 15 Garnet Street, Downie of South Coogee

·          C Giannakopoulos (owner of 5 Cairo Street, South Coogee) residing at 7 Meymott Street, Randwick

·          B and M Phillips of 13 Cairo Street, South Coogee

·          A Fitzsimmons of 44 Wolseley Road, South Coogee

·          P and A Spencer of 9 Cairo Street, South Coogee

 

5.1  Objections

 

The following issues were raised in the submissions to the proposal and are addressed in the main body of the report in Section 9.2:-

 

Extent of works/

 

·          The original consent has not been adhered to and the owner is proposing modifications that have already been completed, in particular the concrete roof and eaves to the roof slab.

 

·          The owners of 46 Wolseley Road have totally disregarded what was approved and built exactly what he felt like.  If Council retrospectively approves these changes, then a precedent will be set for anyone to build what they like and seek approval afterwards.  The owners of 46 Wolseley Road, should as any other citizen who has building plans approved, build them substantially in accordance with those plans and not flagrantly vary them to suit themselves.

 

·          The extent of works proposed were for alterations and additions, the extent of works as executed are for a full scale demolition and erection of a new house, not in keeping with the Foreshore Scenic Protection Area.

 

·          Not all the changes to the approved plans as constructed have been detailed in the Section 96 application.

 

·          The construction as built is significantly different from that which was approved.  As a result, the current application cannot be assessed under Section 96 as the proposed development is not substantially the same as that which was approved.  Moreover the amendments should be refused on merit, as they will result in adverse impacts upon the amenity of 17 Garnet Street and the neighbourhood generally.  

 

·          The construction certificate issued for the development, insofar as it reflects what has been built as opposed to what was approved by the development consent is invalid as the works are clearly inconsistent with the development consent. It is requested as a matter of urgency that Council investigate the history of the construction certificate and construction of works and take appropriate remedial action, possibly including the reporting the matter to the Building Professions Board and issuing appropriate orders for remediation of works to bring it into conformity with the development consent.

 

Damage from unauthorised works/ alteration to pool position

 

·          The pool has been placed in a more westerly position than indicated in the approved plans and is closer to the common boundary with 17 Garnet Street.  As a consequence for the excavations for the pool, the retaining wall that formed the boundary between the two properties has been undermined, resulting in its failure, along with adjacent walls along both the northern and southern side boundaries, as well as significant subsidence of land at the rear of 17 Garnet Street.  Council needs to direct Mr Beris very closely in the rectification of these problems, including appropriate restitution of the structural fence that forms the boundary between the two properties, to ensure that work meets safe and required standards.

 

·          Foundations to the retaining wall separating 17 Garnet Street from 46 Wolseley Road have structurally failed due to unauthorised excavation works directed by Mr Beris.  As a structural element it should be included as required works under the Section 96 application.  As well, details of its reinstatement, the methodology of construction and associated shoring works should be prepared by a Certified Engineer and signed off by the same at completion.  Integral to the construction of the retaining wall are the repair and reconstruction of the return retaining walls on the north and south boundaries of 17 Garnet Street.   These walls tie into the dividing retaining wall and have been severely damaged due to the unauthorised works.  All these works should be considered as part of the Section 96 application.  The south return wall is bounded by Council land and therefore should not hinder Council in seeking its inclusion as part of the required works.  Due to the steepness of the site, the sand foundations, the constant threat of greater structural failure and associated landslip, an immediate response by Mr Beris is essential.

 

·          Work should not proceed until the damage is made good and Council can be satisfied, through appropriate geotechnical and structural engineering advice that non more damage will occur and what has occurred has been properly repaired.  There has been considerable delay and lack of responsiveness from the owners of 46 Wolseley Road in regards to the structural and engineering issues pertaining to the retaining walls.  Council needs to receive certification from the engineer acting on behalf of 17 Garnet Street as to the efficacy of any proposed works put forward by the owners of 46 Wolseley Road before it authorises such works to take place.  It is therefore requested that Council confirm that no works will be allowed to take place on site until after the damage to 17 Garnet Street has been properly repaired and to take urgent action to ensure that the repair work is done properly and quickly.  The matter is very urgent given the likely collapse of the walls due to recent rainfall.

 

·          The orientation of the swimming pool has been changed without approval and the excavation for this has caused major damage to 15 Garnet Street, causing the fence between 15 and 17 Garnet Street to collapse and the backyard and swimming pool de-stabilised.

 

·          The unauthorised works for the pool excavation caused the pool decking of 11 Garnet Street to drop by 3-4 centimetres at the same time the neighbour’s fence collapsed.

 

·          All damage to neighbouring properties should be rectified by the owner of 46 Wolseley Road prior to the consideration of any changes to the original approval.

 

·          Council is requested to order the roof slab be removed along with the attached eaves, the air conditioners be relocated and that the area of the nature strip on Cairo Street, which has been excavated away, be re-instated.

 

Roof and eaves

 

·          The concrete roof has been built instead of a hardiflex cliplock roof, accompanied by two air conditioning units.  As such, it is a visual catastrophe and not within the approved building envelope.  It is hard to understand the logic for this choice of material as it must act as a heat reservoir in summer, substantially increasing the need for air conditioning.  As well, a concrete roof opens up the possibility of a fifth level entertaining area.

 

·          The concrete roof slab is visually intrusive can be used later as an entertainment area.

 

·          The changes to the roof have reduced the aesthetic qualities of the roof significantly, being stark in appearance and detracts from the natural beauty of the area when viewed from Wolseley Road.  It is not in harmony with the other houses in the area or the rock platforms and the sea.

 

·          The roof has increased in area due to the incorporation of eaves into the roof structure, particularly the eastern eave.  The increase in area exacerbates the impact of the aesthetics and reduces the views afforded from the deck and balcony of 7 Cairo Street

 

·          The original proposal was amended by stepping back the Level 3 eastern façade and awning structure to minimise view loss to No. 13 Cairo Street.  As such the original approval contained no eave, which was a negotiated compromise.  The eaves have since been constructed and are now asked for as a retrospective approval.  These eaves block the view from 13 Cairo Street to the south side of Coogee Bay.

 

·          The plans are erroneously marked to indicate an approved eave when in fact what was approved was an awning projecting from the wall at a much lower level of the building.  As well, the awning was not shown on the northern elevation, so that it is doubtful that even an awning was approved.

 

·          The new concrete roof structure is bulky, large and unattractive and with its large surface area is visible to all properties in Garnet Street and the upper parts of Cairo Street.  The surface is highly reflective, producing significant glare and a harsh appearance that is uncomfortable to view and inappropriate for the area.

 

·          The increase in size of the roof slab due to the eave extension has caused more view loss than the approved plans, particularly to Nos.1 and 7, Cairo Street, and Nos. 9 and 17 Garnet Street.

 

·          Concern is raised with regard to the lighting in the eaves overhang; it is the preference of 44 Wolseley Road that it be eliminated.

Air conditioning units

 

·          The air conditioning units are bulky and unsightly and add to the stark impact of the concrete roof.  From observations of the surrounding area, no plant equipment is present on the roof of any other house.  Equipment such as this belongs in a plant room and allowing such machinery on the roof would set a precedent that would ultimately result in a significant reduction in the beauty of the Foreshore Scenic Protection Area.

 

·          The placement of the air conditioners on the roof amounts to visual pollution.

 

·          The operating noise of the units is an issue as they are likely to produce significant noise during operation which will have an impact on 7 Cairo Street, 17 Garnet Street and other houses located above this roof level.

 

·          The air conditioning units should be placed at ground level and be appropriately insulated so that there is no visual or auditory effect on adjacent properties.

 

·          The location of the air conditioning units is of concern to 44 Wolseley Road in regard to noise and operating hours.  If they are to be relocated from the roof they should be enclosed in a noise proof enclosure or relocated in the garage area behind the wall line to reduce the noise impact.

 

Encroachment of work onto Council land

 

·          Work has encroached onto the nature strip in Cairo Street, completely blocking the nature strip.  It should be mandated that the nature strip will be regenerated and returned to public usage, including the construction of a pathway that will allow pedestrians to cross the driveway leading from the garage of 46 Wolseley Road to Cairo Street, without the need to divert onto the roadway.

·          The driveway is not located where shown on the plans as it was to be directly opposite the driveway of 13 Cairo Street.  Instead of a normal nature strip crossing, the driveway, as constructed, incorporates almost the entire area of this public land (8m x 4m approximately) and as such forms an extremely valuable addition to the land of 46 Wolseley Road and does not comply with Council’s consent.

·          To exit the driveway of 13 Cairo Street safely, it is necessary to reverse across the steep Cairo Street hill sufficiently to turn down the hill.  An area of the nature strip, adjacent to the approved driveway for 46 Wolseley Road was to remain in its existing form to facilitate these manoeuvres.  It has now been extensively excavated and will become a hazard when the site fences, which now block off the nature strip, are removed.  This denial of safe and easy egress has impacted negatively on the land value of 13 Cairo Street.

 

Privacy

 

·          The plans seem to show blades across the northern window, however, gaps do not appear to provide privacy.  The blades should be directed such that views cannot be obtained over the adjoining property.  

 

Fences/retaining walls

 

·          There appears to be no detail on the plans regarding fences or retaining walls proposed along the common boundary with 44 Wolseley Road.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Development Engineer

 

Council’s Development Engineer Co-ordinator has advised that the following are key issues in relation to the proposal, which may be addressed by modification, deletion or addition of appropriate conditions of consent and which are contained within the Recommendation of this report:-

 

The Development Engineering Team has reviewed the amended plans in relation to the relocated retaining walls adjacent to the vehicular crossing and advise the following:

 

A site meeting (15/06/06) was conducted with Council’s Assets Co-ordinator, John Earls, and the Driveway Construction Co-ordinator, George Pandelidis, and myself , Paul O’Sullivan, regarding the constructed location of the retaining walls in relation to the previously approved location. These officers advised that they had no objection to the location of the constructed retaining walls subject to the installation of a spoon drain located along the edge of the western retaining wall and kerbing of Cairo Street around into Wolseley Rd from the eastern edge of the driveway entrance so as to control redirected stormwater runoff in Cairo Street.

 

It was also noted that the proposed width, approximately 8.00m, of the driveway opening at the asphalt edge of Cairo St was greater than Council’s maximum width of 6.00m, however due to the excessively steep grades of this section of Cairo St and also after consideration of vehicle manoeuvres required to enter and exit the site it was agreed between the Council officers at the site meeting that the 8.00m opening at the edge of the asphalt road would be in the best interest of vehicles entering/exiting the site without impacting on current usage of this section of Cairo Street.

 

In regards to concerns regarding the footpath and steps located east of the vehicular crossing and adjacent to the southern side boundary the owner will be conditioned to reinstate these works. To have the owner meet the costs of extending the footpath works any further for what is alterations and additions is excessive.

 

The issue of having a Council footpath installed along the southern side boundary of 46 Wolseley Rd & 17 Garnet St, in Cairo St appears unwarranted due to the location of an existing footpath on the opposite side of Cairo St and the concerns of the amount of pedestrians that would use the requested footpath.

 

At the conclusion of the site meeting Mrs Margot Phillips of 13 Cairo Street approached me reiterating her concerns regarding suitable room for vehicles backing out of her driveway across Cairo St. I pointed out to her that as the driveway opening had been moved further east than the original proposal it in fact benefited her and would provide a greater area to back into that originally proposed. I also advised her that the owner of 46 Wolseley Rd would be required to install bollards at the end of this area so as to warn drivers of the edge of the retaining wall.

 

The assessing officer is advised that Condition No. 58 (d) of the development consent shall be amended to read as follows:

 

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

 

Construct asphalt roadway between the existing edge of bitumen road in Cairo St and the western retaining wall on Council property including the installation of bollards approximately 2.50m back from the edge of the bitumen road.

 

Note: the applicant is to have his own structural engineer design the subject retaining walls and footings and submit them to Council for approval prior to the issuing of a construction certificate

           

The retaining walls on either side of the vehicular access are to be constructed in the location as shown on the plans submitted marked Drawing No. 02059/A/01 Issue B, Stamped received by Council 10th May 2006.

 

Construct a spoon drain, on the nature strip, long the edge of western retaining wall from the property alignment to the bitumen edge of Cairo Street.

 

Construct kerbing along the edge of the asphalt road in Cairo St from the eastern edge of the driveway entrance running down to the kerb and gutter in Wolseley Rd.

 

Reconstruct/construct the footpath and steps east of the pedestrian entrance in Cairo St adjacent to the southern side boundary to the satisfaction of the Director of City Services.

 

7.    MASTER PLANNING REQUIREMENTS

 

The total site area (408.8m2) is less than required for the submission of a master plan.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

·        Environmental Planning and Assessment Act, 1979, as amended

·        Environmental Planning and Assessment Regulation 2000

·        Randwick Local Environmental Plan 1998.

·        Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

·        Randwick Development Control Plan – Parking

·        Building Code of Australia.

 

9.       SECTION 96 AMENDMENT

 

Under the provisions of Section 96 (2) of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria have been complied with:-

 

9.1     Substantially the same development

 

Council must be satisfied, in the first instance, that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent was originally granted was modified.

 

In respect to the above requirement, it is considered that the development, the subject of the Section 96 (2) application, is fundamentally and materially the same as the development for which consent was originally granted.  The proposed modifications do not substantially alter the approved building’s envelope as defined by its height, footprint, floor space or the design of the building facades above ground level.  It is acknowledged that there are a number of significant changes to the development as approved, namely the change in roof form, the reconfiguration of the driveway and the relocation and realignment of retaining walls and the pool and as such are not considered to be of minimal environmental impact, however, are appropriately dealt with under a Section 96 (2) assessment, while the other changes to the building are generally minor without any substantial adverse impacts to neighbours or the surrounding area.

 

9.2     Consideration of submissions

 

The Section 96 (2) application was notified and advertised in accordance with the provisions of Council’s Development Control Plan for Public Notification of Development Proposals and Council Plans until 30 January, 2006.  The issues raised in the submissions are considered below.

 

Extent of works

 

Concerns have been raised in the submissions that the original consent has not been adhered to and the extent of the unauthorised works now proposed under the Section 96 (2) application should not be retrospectively approved as they would constitute a precedent for others to build in non conformity to their plans and seek later approval.  Further, concerns have also been raised that the scope of the works proposed cannot be considered as a Section 96 application as they constitute a development which is substantially different to the development as approved.

 

The matter of what constitutes substantially the same development is a matter of fact and has been dealt with in Section 9.1 above.  The nature and form of the development will remain essentially the same arising out of any approval of the modifications as sought, that is, it is of similar height, size, bulk and scale.  As the threshold question regarding whether the application remains substantially the same has been answered in the affirmative, a merit based assessment of the changes is required.  As such this should form the basis of the whether or not retrospective consent, as allowed for under the legislation, should be granted and accordingly should not form a precedent for those seeking to undertake unauthorised works.  The unauthorised nature of the works is a matter which is being dealt with separately by Council’s Regulatory Building and Development Control Section and is separate to the merit based and Section 79C assessment undertaken as part of the Section 96 application.

 

Damage from unauthorised works

 

Concerns have been raised from a number of properties regarding the damage incurred as a result of the unauthorised excavation works for the swimming pool in its relocated position, further to the rear (west) boundary than originally approved, with the retaining walls forming the terraces up to the pool level re-orientated to be approximately perpendicular to the side boundaries and minor changes to the finished levels of the terraces.  In particular, damage has resulted to the retaining wall along the common (rear) boundary with No. 17 Garnet Street, which may have lead to its failure and also, may have had consequent damage to a side boundary retaining wall between Nos. 17 and 15 Garnet Street, earth subsidence and de-stabilisation of the swimming pool at the rear of No. 15 Garnet Street and pool decking at No. 11 Garnet Street. 

 

The resultant damage, ultimately, is a civil matter between the affected neighbours and the owner of No. 46 Wolseley Road.  The owners of No. 17 Garnet Street have stated that they have no objection, in principle, to the construction of a pool at 46 Wolseley Road, however, it is considered that Council should include “appropriate restitution of the structural fence” between the two properties “to ensure that work meets safe and required standards”.  The applicant now seeks approval to continue those works which have already been started and accordingly appropriate additional conditions of consent are included within the Recommendation to ensure that structurally adequate retaining walls are constructed within the subject property to support the adjacent and nearby land (refer Condition No. 68). 

 

Roof and eaves

 

The applicant has constructed a concrete slab roof in lieu of the parapet roof form with metal roof located behind the parapet. This roof was approved at two levels, being RL 47.90 for the back (western) portion (top roof) and RL 47.40 for the front (eastern) portion (lower roof).  A corbel line delineated the top and bottom of the parapet.  This shows a minor projection from the wall line by approximately 100mm.  As well, on the southern elevation, located just above the bottom corbel line, an awning projects out from the front (eastern end) of the building by approximately 600mm.  This is not shown on the northern elevation, although in plan form it appears to be shown as a dotted line. 

 

Notwithstanding the above, the roof as constructed is shown to project 500m on its eastern, western, northern and southern sides to form eaves.  Certification has been provided by a registered surveyor that the overall height of the new roof is consistent with that originally approved (top roof RL 47.87 and lower roof RL 47.39).  As constructed, lighting is located under the eaves, although not specified on the plan.  Over the entry on the southern side, it projects by 1m, due to the recessed nature of the entry.  The eave is not continuous on the northern, southern and western elevations. 

 

Objections with regard to the roof and the eaves relate to the aesthetic impact of a concrete roof slab, particularly its visual intrusiveness within an area designated a Foreshore Scenic Protection Area under the Randwick Local Environmental Plan 1998; the potential for later use of the roof as constructed as an entertainment area; view loss from the eaves as constructed, particularly those on the eastern elevation; and intrusiveness of the lighting located under the eaves.  These issues are discussed below.

 

It is considered that the concrete roof as constructed is reflective and this increases its prominence to properties at a higher level in Cairo and Garnet Street.  The applicant now proposes to lay pebbles over the roof to minimise the visual impact and associated glare from the concrete roof slab, samples of which are approximately 20mm in dimension and are in a natural sandstone colour with a smooth finish as have been provided to Council.  Concrete flat roofs are not atypical to the Foreshore Scenic Protection Area and the use of the pebbles on the roof may be considered an acceptable alternative to other remedial action, such as painting the roof with a non reflective neutral colour or fixing metal sheeting to the roof slab, which whilst reinstating the original roof material over the slab, would increase the height and may further increase the view impacts to neighbouring properties.  Accordingly an appropriate additional condition of consent requiring the laying of pebbles over the roof slab is contained in the Recommendation of the report (refer Condition No. 73).

 

No access to the roof is proposed by the subject application and in terms of the potential use of the roof as a trafficable entertainment area this would require consideration as a further development application.  Amongst other requirements, this would require a balustrade to achieve compliance with the Building Code of Australia.  As it is not the subject of the subject application, any attempt to use the roof as an entertainment area without the appropriate development consent and construction certificate would require further regulatory action to be undertaken for unauthorised works.

 

The properties that have identified view loss as an issue are Nos. 1, 7, 9 and 13 Cairo Street and Nos. 9 and 17 Garnet Street.  An assessment of the view loss has been undertaken in accordance with the Land and Environment Court Planning Principles for view sharing as expounded by Senior Commissioner Roseth in Tenacity v Warringah Council (2004).

 

An inspection was undertaken from the No. 13 Cairo Street and No. 17 Garnet Street and within the Cairo Street opposite to the property and at higher elevations up the hill, to ascertain the extent of the view impact occasioned as a result of the roof extension to form the eaves.  In this regard, it is considered, that the degree of view loss is minimal in terms of the totality of the view gained from these positions, with no interruption to iconic views of the northern headland to Coogee Bay or to Wedding Cake Island.  As such, the objections are considered unsustainable (refer Figure 6 below for view of roof and eaves of the development as constructed from No. 13 Cairo Street).

 

 

Figure 6: view of subject development

from No. 13 Cairo Street.

 

With respect to the location of downlights located under the eaves and under Level 3 deck, these were not initially identified by the applicant and although it was stated that a plan reflecting their location was to be lodged with Council, this has not been done.  Notwithstanding, it is considered that this form of lighting to the dwelling will not be appropriate as it is considered it will make the dwelling more prominent within its Foreshore context and be intrusive to the decks and upper level bedroom of the approved development at No. 44 Wolseley Road.  As such, an appropriate condition of consent is contained within the Recommendation removing such lighting from the approval (refer Condition 74).

 

Air conditioning units

 

Air conditioning units were originally shown on the Section 96 plans as being located on top of the new concrete roof, however, they are now shown on the revised submission as to be located externally adjacent to the northern wall of the garage on or above the steps leading from the drying area to the rear garden.  This location now addresses the issue of visual intrusiveness raised in regard to their rooftop location, however, the owners of No. 44 Wolseley Road raise concerns with regard to potential noise impact given their proximity to their common boundary with No. 46 Wolseley Road. 

 

The air conditioning units are now proposed to be approximately1.6m off the northern boundary with No. 44 Wolseley Road adjacent to the garage wall.  It should be noted that under Council’s Development Control Plan for Exempt and Complying Development, air conditioning units are a form of exempt development in residential zones where they are located a minimum of 900mm from the property boundary and are located at ground floor level at the side or rear of the building and adequately screened from a public place.  Noise criteria also apply and if audible from within any room of adjoining premises, operating hours are restricted. 

 

The location of the air conditioners generally complies with the exempt requirements, however it is unclear from the submitted plans whether or not the air conditioning unit/s are located at ground level or not.  Notwithstanding, appropriate condition of consent are contained within the Recommendation (Condition Nos. 69 and 70) which ensures noise emissions from the air conditioners will be contained in accordance with that specified within the exempt provisions.  As well, appropriate conditions of consent have been included to address noise emissions from swimming pool plant and equipment which now shown as part of the Section 96 modifications as proposed under a bench along the western boundary adjacent to the new retaining wall (refer Condition Nos. 71 and 72).

 

Work on Council nature strip

 

Work has been undertaken to increase the width of the vehicular crossing across the nature strip on Cairo Street from approximately 2.8m, as approved, to approximately 8m, as shown on the revised Section 96 plans.  This change to the vehicular crossing also involves the relocation of retaining walls to its side required due to the steeply sloping topography.

 

Objections have been raised regarding the alienation of public land for the use of No. 46 Wolseley Road by way of the enlarged crossing. As well, No. 13 Cairo Street is concerned that the proposal removes an area of the nature strip, adjacent to the approved driveway for 46 Wolseley Road, which was to remain in its existing form to facilitate turning manoeuvres for cars leaving No. 13 Cairo Street, to safely negotiate the steep hillside which forms this section of Cairo Street.  It is also put forward that as a result of these changes, there will be a negative impact to the land value of 13 Cairo Street.

 

It is also requested in the submissions that Council ensure that the nature strip will be regenerated and returned to public usage, including the construction of a pathway that will allow pedestrians to cross the driveway leading from the garage of 46 Wolseley Road to Cairo Street, without the need to divert onto the roadway.

 

Council’s Development Engineers, in conjunction with Council’s Assets Co-ordinator and Pre-Paid Civil Works Co-ordinator, have reviewed the works as constructed and have advised that no objection is raised to the re-configured driveway and retaining walls subject to the modification to Condition 58 of the consent (refer Section 6.1 of the report) and as contained within the modification to Condition No. 58 in the Recommendation of the report.  This condition is to be modified to reflect requirements for a spoon drain along the edge of the western retaining wall and kerbing of Cairo Street around into Wolseley Road so as to control redirected stormwater run-off.

 

Fence

 

It is noted by No. 44 Wolseley Road that there is no detail shown on the plans regarding the side fencing arrangements between the common boundary between Nos.44 and 46 Wolseley Road, other than a notation that there will be a continuous 250mm high hob constructed along the side boundary to retain site water, the same as the originally approved plans.  It is also noted that a masonry fence in excess of this requirement is under construction along the common boundary between the subject site and No. 44 Wolseley Road and which also appears to be in excess of the limitations for a masonry fence under the exempt provisions of Council’s Exempt and Complying Development Control Plan.  As the side boundary fence does not form part of the Section 96 application, it will either have to be brought in accordance with the exempt requirements for side boundary fences or a new application is required to be lodged, otherwise these works will continue to be unauthorised.

 

Privacy

 

It has been noted by No. 44 Wolseley Road that the blade privacy screen to the northern living room window has not been shown on the modified plans. Neither has it been listed as part of the Section 96 approval and as such should not form part of any approval.  This was originally approved to allow a view to the north – east across No. 44 Wolseley Road and not back towards the north-west into the dwelling of No 44 Wolseley Road.  The approved development at No. 44 Wolseley Road with the setback of its upper level respects the view line of No. 46 but locates a stairwell window to the north-west of the screened living room window, which would result in adverse privacy impacts if the blade screen is removed from this window.  Additionally, it is noted that the Section 96 plans show the Level 3 viewing deck expanded to the north into an area previously approved as a planter.  This is not listed as part of the Section 96 modification or coloured on the plans.  As such it should not form part of any approval.  Notwithstanding, this would expand the trafficable area of this terrace to within 300mm of the northern boundary and exacerbate privacy issues with respect to the approved development at No. 44 Wolseley Road.  These two changes to the plans are excluded from the Section 96 approval and an advisory note is contained within the Recommendation of the report.

 

9.3     Section 79C Assessment

 

Council, in determining a Section 96(2) modification, must take into consideration relevant matters referred to in Section 79C of the Environmental Planning and Assessment Act, 1979, as amended (EP & A Act).

 

The site has been inspected and the application has been assessed having regard to Section 79C of the EP & A Act, including the following relevant environmental planning instruments and policies:-

 

9.3.1  Randwick Local Environmental Plan 1998

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 (LEP) and the proposed activity is permissible with Council’s consent. The following clauses of the LEP 1998 apply to the proposal:-

 

Foreshore Scenic Protection Area

 

Clause 29 of the LEP requires the consideration of the aesthetic qualities of any development within the foreshore protection area.  As discussed previously in the report, the overall bulk, scale and form of the proposed development is not significantly altered by the proposed modifications, with the major impact arising from the substitution of a concrete slab roof for a parapet with a metal roof located behind the parapet.  While the aesthetics of such a roof are to a degree visually confronting due to the corner location of the site and the ability to view the roof from higher locations within Cairo and Garnet Street, it is not atypical to other development within the Foreshore Scenic Protection Area.  It is considered, however, that its impact may be minimised to an acceptable level with its covering with pebbles in accordance with the samples submitted to Council and as included as an additional condition of consent within the Recommendation (refer Condition No. 73).

 

Excavation and filling of land

 

Clause 40 of the LEP relates to the excavation or filling of land and requires Council to have particular regard to the likely disruption of, or likely detrimental effect on, existing drainage patterns and soil stability in the locality, and the effect of the proposed works on the likely future use or redevelopment of land.  In this regard the impact of the unauthorised excavation works on the adjoining land have been taken into account as discussed previously in the report and an appropriate additional condition of consent has been included (Condition No. 68) to ensure that the works may proceed in a structurally sound and safe manner and ensure appropriate shoring and stabilisation to neighbouring properties land.

 

9.3.2  Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

The proposal, as modified, does not substantially alter the original assessment with respect to the requirements of the DCP.  There is no change to the external wall height or building setbacks, although there is a slight decrease in landscaped area by way of a minor increase in the garage area and also a technical increase in floor space by way of this modification and also the addition of the sub-floor store room located off Bedroom 4 and the excavated area below the garage.  The proposal still maintains compliance with the preferred solutions for landscaped area and with regard to the increase in floor space ratio, the areas that contribute to this are predominantly located below natural ground level and as such they do not contribute to the approved building bulk.  Accordingly, no objections are raised in these regards.  The issue of the vehicular crossing and its relationship with Cairo Street have been addressed by the Development Engineers comments previously in the report (Section 6.1) and the modification of Condition No. 58 within the Recommendation of the report.

 

9.3.3  Development Control Plan -Parking

 

The modifications proposed increase the area of the garage, however, the proposal maintains its numerical compliance with the required number of car parking spaces and their dimensions under the Development Control Plan-Parking.

 

10.  RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 5: Excellence in urban design

The proposal has generally a good architectural quality that is not significantly compromised by the changes as sought by the Section 96 application.

 

Direction 5a & associated key action: Improved design and sustainability across all development

The proposal upgrades the dwelling stock within the Randwick City Council area and will, when completed, contribute to the overall pool of well-designed buildings in Randwick City.

 

Direction 11a & associated key action: Council is a leader in fostering sustainable practices

The proposed development has generally been designed in accordance with ESD principles (including solar access, cross ventilation and energy efficiency) and will incorporate a number of sustainability measures to achieve ventilation, thermal comfort, water conservation and energy efficiency.

 

11.  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.  CONCLUSION

 

The proposal is considered to pass the threshold test for a Section 96 application in that it is considered to remain substantially the same development as originally approved notwithstanding the modifications as proposed and constructed.  As such, Council may grant consent for those works after consideration is given to the submissions and any matters that may arise under Section 79C.  These matters are discussed above in the report and it is considered that the application may be approved subject to modification of a number of conditions of consent and the imposition of additional conditions of consent as contained within the Recommendation of the report below.  The matter of the unauthorised nature of the works undertaken is being handled separately by Council’s Regulatory Building and Development Control Section.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its development consent under Section 96 (2) of the Environmental Planning and Assessment Act 1979 (as amended) to modify the consent to Development Application No. DA 909/2003/B for Section 96 application to  modify the approved plans by way of external and internal changes including a change in roof form and materials, relocation and re-orientation of the swimming pool and retaining walls, location of air conditioning units, and enlargement of vehicular crossing. at 46 Wolseley Road, South Coogee, in the following manner:-

 

Amend Condition No. 1 to read:

 

1.         The development must be implemented substantially in accordance with the plans numbered 02059/A/01B with issue date 11 February, 2004, prepared by Mosca Perras Architects and received by received by Council on 13 February, 2004, the application form and on any supporting information received with the application, except as may be amended by the Section 96 plans 02059/A/01 and 02, both Issue B, dated 6 January, 2006, and received by Council on 10 May, 2006, only in so far as they relate to the modifications detailed in the Section 96 application and as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Amend Condition No. 58 to read:

 

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

 

a)         Construct asphalt/concrete vehicular crossing opposite the vehicular entrance to the site.

 

b)         Construct/install sandstone faced retaining walls adjacent to the vehicular crossing. This shall include any safety railing requirements atop of the retaining walls and any other associated works as required by Council’s Asset Infrastructure Services Dept.

 

c)         A “No Parking” sign is to be installed west of the driveway entrance pointing west, at the applicant’s expense.

 

d)         Construct asphalt roadway between the existing edge of bitumen road in Cairo St and the western retaining wall on Council property including the installation of bollards approximately 2.50m back from the edge of the bitumen road.

 

Note: the applicant is to have his own structural engineer design the subject retaining walls and footings and submit them to Council for approval prior to the issuing of a construction certificate

                       

The retaining walls on either side of the vehicular access are to be constructed in the location as shown on the plans submitted marked Drawing No. 02059/A/01 Issue B, Stamped received by Council 10th May 2006.

           

Construct a spoon drain, on the nature strip, long the edge of western retaining wall from the property alignment to the bitumen edge of Cairo Street.

 

Construct kerbing along the edge of the asphalt road in Cairo St from the eastern edge of the driveway entrance running down to the kerb and gutter in Wolseley Rd.

           

Reconstruct/construct the footpath and steps east of the pedestrian entrance in Cairo St adjacent to the southern side boundary to the satisfaction of the Director of City Services.

 

Note: the applicant is to have his own structural engineer design the subject retaining walls and footings and submit them to Council for approval prior to the issuing of a construction certificate

 

The proposed retaining wall on Council property at the western edge of the driveway is to be located no closer than 2.00m to the edge of the bitumen road in Cairo St and a “No Parking” sign is to be installed west of the driveway entrance pointing west, at the applicant’s expense

 

The proposed retaining wall on Council property at the eastern edge of the driveway is to be constructed with a 2.m x 2m splay from the edge of the bitumen road in Cairo St.

 

Any enquiries regarding the retaining wall can be directed to Mr Paul O’Sullivan on 9399 0923.

 

Add Condition No. 68

 

68.       A retaining wall shall be constructed along the western boundary with No. 17 Garnet Street and returning along the side boundaries (northern and southern) of the site as necessary, wholly within the subject site, in order  to retain and shore the adjoining land and excavation in a structurally sound and safe manner, at the applicant’s expense. 

           

Documentary evidence prepared by a suitably qualified professional geotechnical engineer and structural engineer detailing the construction method and certifying the suitability and stability of site for the proposed design and the certifying the suitability and adequacy of the proposed design and construction of the retaining walls within the site and the swimming pool shall be submitted to the Certifying Authority prior to the issue of a Construction Certificate (or amended Construction Certificate) and the commencement of further works to the retaining walls and the swimming pool.

 

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 (or amended construction certificate).

 

Add Condition No. 69

 

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

 

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

 

Add Condition No. 70

 

70.       The air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·          before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·          before 7.00am or after 10.00pm on any other day.

 

Add Condition No. 71

 

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

Add Condition No. 72

 

72.       The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

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

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

 

Add Condition No. 73

 

73.       The roof slab shall be covered with pebbles approximately 20mm in dimension, in a natural sandstone colour with a smooth finish as have been provided to Council prior to occupation and shall be maintained on the building in good order throughout the life of the building. 

 

Add Condition No. 74

 

74.       No approval is given for lighting under the eaves or under the Level 3 Viewing Deck and these shall be removed prior to occupation.  

 

ADVISORY MATTERS

 

A1        No approval is given for the reconfiguration of the Level 3 Viewing Deck or the deletion of the blade privacy screen to the northern living room window as originally approved and these shall be constructed or reconstructed in accordance with the originally approved plans prior to occupation.

 

A2.       Side boundary fences do not form part of the Section 96 approval and may require a further application to Council.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID PIRIE

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT PLANNER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

29 June, 2006

FILE NO:

DA/269/2006 - PROP029039

 

PROPOSAL:

 Alterations and additions to the existing dwelling

PROPERTY:

 28 Bell Street Maroubra

WARD:

 Central Ward

APPLICANT:

 M3 Architects

OWNERS:

Mr A L Johnson & Mrs L F Johnson

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillor’s Bastic, Andrews and White.

 

It is proposed to extensively renovate and modify the existing two storeys dwelling to reconfigure the floor layout and enlarge the dwelling at both levels which will reverse the living and bedrooms to take advantage of the extensive views from the front of the dwelling.

 

The main issue is the impact upon the adjoining property with respect of view loss to the south.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to extensively renovate and modify the existing two storeys dwelling to reconfigure the floor layout and enlarge the dwelling at both levels which will reverse the living and bedrooms to take advantage of the extensive views from the front of the dwelling. The dwelling will as a result have two bedrooms, bathroom, rumpus and garage at ground level and two bedrooms, kitchen, living, dining, family and laundry to the upper level with balconies to front and rear. It is also proposed to increase the size of the existing garage at the rear of the property. The proposed building works will provide for an additional 96m² of floor area to the building over both levels.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Bell Street adjacent to Boyce Lane and Maroubra Road, the site is elevated above Bell Street and Maroubra Road and there is no vehicular access from Bell Street, vehicular access is via Boyce Lane at the southern side of the property.  The site has a frontage width of 12.19m, a side boundary depth of 40.235m and has an overall site area of 490m², the site falls from the rear to the front with a difference in levels of up to 7m. The locality is residential in nature and contains a variety of older and contemporary dwellings and multi unit housing development. The properties on the western side of Bell Street enjoy extensive uninterrupted panoramic coastal views of Maroubra Beach and Malabar Headland directly to the south and east.

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP Public Notification. The following submission was received:

 

Objection

 

 

 

 

 

D Cassell & J Wade on behalf of the owners of 26 Bell Street Maroubra

Issue

Comment

The proposed extension of the dwelling towards the street will block off views to the south.

See detailed view loss assessment in Section 6.

There will be a significant loss of privacy as a result of the new balcony to the front of the building and screening of the balcony is not acceptable as this would result in further view loss.

A condition of consent is included to require that a privacy screen be installed to the northern end of the balcony. With respect to the impact upon views to the south see the detailed view loss assessment in Section 6.

The use of the front balcony will result in a noise nuisance.

The proposed balcony is only 12m² in area which is not sufficient to accommodate a large number of people and it is not considered reasonable to expect that the use of this balcony would result in such a potential nuisance. The installation of a privacy screen to the side of the balcony would also attenuate any noise on the balcony.

The proposed addition to the front of the dwelling will result in loss of amenity to the front room of their dwelling.

On balance it is not considered that there will be any significant loss of amenity to the front room of the objector’s premises in that the primary view to the east is unaffected and sunshine from the north to this room is not obscured by the proposed works which are directly to the south.

The roof deck to the garage will result in a loss of privacy.

The proposed roof deck to the garage has been deleted from the application.

The proposed floor space ratio does not comply with the DCP.

See detailed assessment in Section 6 of this report.

The proposed heights of the dwelling and garage are excessive.

The overall height of the dwelling and garage are consistent with buildings in the immediate surrounding area which satisfies the objectives and performance requirements of the DCP.

Excavations during building work are excessive and will result in damage to their property which resulted when similar works were done when the dwelling was originally built.

Conditions of consent are included with respect to proper excavation and shoring procedures being carried out during building works.

The front setback of the building is not consistent with the other dwellings in the street which are generally more than 5m.

This street contains a variety of building alignments and it is not considered that the proposed front building setback of up to 4.5m will result in such an adverse impact upon the streetscape and adjoining dwellings to justify siting the dwelling further from the front alignment.

The upper floor setback is less than the preferred solution of 1500mm.

See Section 6 for a detailed assessment of side boundary setbacks.

The rear setback of the garage does not comply with the minimum of 4.5m.

The addition to the garage maintains the existing rear boundary setback of 1100mm and whilst this setback does not comply with the minimum rear setback the garage will satisfy the objectives and performance requirements of the DCP in that the garage adjoins the open rear yard areas of both adjoining properties in Bell Street and Boyce Road and will not restrict access to daylight and fresh air or obstruct any views.

There is a potential loss of privacy from the window of bedroom two in the upper level.

The applicant has agreed to provide for obscured glazing to an eye level, most commonly regarded as 1500mm above floor level, and this has been confirmed by a condition of consent.

There is a potential for the property to be used as a dual occupancy.

The application is clearly for a single occupancy dwelling; however a condition is included to require that the building be only used as a single occupancy dwelling.

The application does not contain sufficient information to allow for a proper assessment of the proposal.

The plans and details as submitted, and amended and augmented at Council’s request contain sufficient information to fully assess the proposal and any potential impacts upon the amenity of the adjoining properties and the street scape.

There is no waste management plan included with the application.

There is no requirement for a waste management plan to be submitted with an application of this nature and is a requirement by condition of consent to be provided with a construction certificate is consent is granted.

A hydrological and geotechnical report has not been provided.

These types of reports are not required by Council to be lodged at development application stage, and if necessary are imposed by conditions of consent which are provided to the certifying authority at the Construction Certificate stage.

Council should strictly apply the requirements of the DCP and the application in its current form should be rejected.

See Section 6 for a detailed assessment of compliance with the objectives and performance requirements of the DCP for Dwellings.

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and is generally consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

 

6.    ENVIRONMENTAL ASSESSMENT

 

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

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions.  Therefore, the tables below assess the proposal against the 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% of the site is landscaped area. Complies.

S1

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

The rear yard remains essentially unchanged by the proposed works and complies with the preferred solution with an area of in excess of 120m².

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.

30% 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 0.57:1 applies. 

The floor space ratio of the buildings on site, including the detached garage and the 40m² allowance for garaging is 0.65:1 which exceeds the preferred solution of the DCP, see assessment below.

The objectives and performance requirements of the DCP seek to ensure that developments are not excessive in bulk and scale and are compatible with the existing character of the locality and that any adverse effects of bulk upon neighbours and streetscape are minimised.

 

The proposed floor space ratio of the dwelling exceeds the preferred solution of the DCP, however, the proposal satisfies the objectives and performance requirements  of the DCP in that the bulk and scale of the dwelling will be consistent and compatible with the established character of the locality which contains predominantly substantial two and three storey dwellings.

 

 

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 6m at the northern elevation to 8m at the southern elevation metres. Does not comply to the southern elevation– see assessment below

S3

Cut or fill does not exceed 1m.

Conditions of consent are included to ensure that adequate shoring is undertaken during any excavation works.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Conditions of consent are included to ensure that adequate shoring is undertaken during any excavation works.

S4

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

Does not comply, however the southern elevation adjoins a laneway and there will not be any impact to any adjoining residential development.

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 southern wall of the dwelling exceeds the preferred solution of the DCP; however there are no major objections in that the degree of non compliance arises due to the fall of the site, and this side of the dwelling fronts Boyce Lane, rather than any adjoining dwelling.

In addition, the proposed height of the wall satisfies the objectives and performance requirements of the DCP in that the development will not be excessive in height in comparison with the established character of the area, which contains buildings of similar bulk and scale, and will preserve privacy and natural light access for neighbouring premises and allow a sharing of views with the main views towards the east across Bell Street and Malabar Road being maintained in full.

 

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 4.5 metres from the front boundary which is not substantially out of character with the existing setbacks of other dwellings in the street and is only 500mm less than the front set back of the adjoining building at No. 26 Bell Street.  Complies.

S3

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

The proposed development is set back up to 1190mm from the northern and 1230mm from the southern side boundaries at ground level. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back up to 1190mm from the northern and 1230mm from the southern side boundaries at ground level. Does not comply see 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 upper level setbacks of the dwelling do not comply with the preferred solutions, however these setbacks comply with the objectives and performance requirements of the DCP in that the setbacks maintain the setbacks of the existing dwelling, conform  with nearby and adjoining dwellings, and will not result in any significant loss of amenity to the adjoining dwellings with access to sunlight and fresh air being maintained, and there will be no additional overshadowing to any adjoining dwelling  with those properties to the south being separated by Boyce Lane.

Visual & Acoustic Privacy

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.

It is not considered that the proposed development will result in any significant loss of privacy in that conditions of consent are included to require that the window to bedroom 2 in the upper level be obscured glazing to a height of 1500mm above floor level and that fixed privacy screens be provided to the northern sides of the rear and front balconies to prevent direct overlooking of the adjoining property.

 
 
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

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

Existing driveways

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

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

Complies.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

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.

 

View Loss

 

Under Section 4.3 of the Development Control Plan for Dwellings and Attached Dual Occupancies buildings are required to be designed to allow for a sharing of view loss. This concept of views has recently been defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004).

 

The Commissioner in deciding whether or not view sharing was reasonable adopted a four step assessment as follows.

 

a)         The value of the subject view ie water views are more valued than land views with iconic view such as the Opera House of North Head being more valued than views without icons and whole views are more valuable than partial views.

 

b)         From what part of the property are views obtained, for example the protection of views across side boundaries is more difficult to maintain than views from front and rear boundaries, and in addition whether or not the view is enjoyed from a standing or sitting position is also relevant, with sitting views being more difficult to protect. The expectation to retain side and sitting views is often unrealistic.

 

c)         Assess the extent of the impact from the property as a whole rather than just for the view affected, the impact on views from living areas are more significant than from bedrooms or service areas, then it is useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

d)         The reasonableness of the proposal that is causing the impact and compliance with planning controls, with a development which satisfies planning controls being considered more reasonable than one that does not. 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 upon 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 objector’s property enjoys substantial uninterrupted views of more than 180 degrees towards the east which takes in the whole of Maroubra Beach, the ocean vista and Malabar Headland, and the proposed addition to the subject dwelling will in part obscure a small degree of view towards the south, with the substantial view towards the east remaining unaffected. When undertaking an assessment of the view loss and view sharing, a determination must be made as to the extent of view loss and the impact that this will have upon the property which has the benefit of the view. In this instance the view loss is assessed as follows;

 

a)         The view across the subject property to the east encompassing the whole of Maroubra Beach, the ocean panorama and Malabar Headland is a significant view with value during both day and night.

b)         The views which are the subject of this submission are obtained from a sunroom at the front of the dwelling and across the adjoining property towards the south with the significant panoramic view to the east across Bell Street and Malabar Road being maintained in full.

c)         The extent of view loss in comparison with the remaining substantial views to the east, is regarded as minor and largely of buildings in the distance rather than water and foreshore.  The view obstruction is at only one southern point of the property and it is considered unreasonable to maintain a totally unobstructed view across this one small portion of the adjoining property when the significant remaining views to the east of Maroubra Beach and Malabar Headland are unobstructed.

d)         The overall proposal complies with the relevant assessment criteria including the objectives and performance requirements of the DCP for Dwellings. It is considered that amendments to the design are not warranted given the extent of view loss is minimal and the views impeded are not iconic and of lesser value than the views to the water and headland that remain unaffected.

 

7.    RELATIONSHIP TO CITY PLAN:

 

Direction 5a and associated key action:  Improved design and sustainability across all development.

 

The proposal will contribute to the overall pool of well designed buildings in Randwick City.

 

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 with respect to landscaping, floor area, building height, boundary setbacks and solar access and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The main issue regarding this application is the degree of view loss from the adjoining property at 26 Bell Street which will arise by the alterations and additions to the dwelling, particularly as a result of the addition to the front of the dwelling. The degree of view loss has been assessed and given that the primary view from the front of the objector’s premises towards Maroubra Beach and Malabar Headland is unaffected the degree of view loss across the subject property to the south is regarded as minor.

 

With regards to impacts upon privacy to the objector’s property conditions of consent are recommended to require that privacy screens be installed to the northern side of the upper level balcony, that the window serving bedroom 2 in the northern elevation have obscured glazing to a sill height of 1500mm and that the garage roof not be trafficable. 

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.269/06 for permission to carryout alterations and additions to the dwelling at 28 Bell Street, MAROUBRA  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 4.315-1a, 4.315-2a, 4.315-3 to 4.315-9 inclusive, dated 7/3/06 and received by Council on the 12th April 2006, and amended plans numbered 4.315-1b & 4.315-2b received on the 5th June 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 and consistent with the colour schedule received with the application dated 12th April 2006, to maintain the integrity and amenity of the building and the streetscape.

 

3          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.

 

4          There must be no encroachment of the structures onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owners of the adjoining land accordingly.

 

5          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 and the building is to be used as a single dwelling house only.

 

6.         Fixed privacy screens 1800mm in height of either fixed louvres or obscured glazing are to be installed to the northern side of the upper level balcony to the front of the dwelling and patio at the rear of the dwelling. Details of the screens are to be provided with the Construction Certificate application.

 

7.         The window within the northern elevation serving bedroom 2 is to have obscured glazing to a height of 1500mm above floor level to maintain privacy to the adjoining property and details are to be provided with the Construction Certificate application.

 

8          The garage roof is not to be trafficable.

 

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 manufacturer’s 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 person’s intention to commence building works.

 

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

 

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 0.35% of the cost of the works.

 

24        Smoke alarms are required to be installed in each Class 1 building or residential 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        The demolition, removal, storage, handling and disposal of building products and materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, 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.

·        Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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.

 

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        Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like, is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, 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        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.

 

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

 

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

 

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.

 

32        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.

 

33        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.

 

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

 

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

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

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

 

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

 

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

 

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

 

36        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.

 

37        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.

 

38        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.

 

39        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.

 

40        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.

 

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

 

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

 

a)   Construct a new asphalt/concrete crossing opposite the vehicular entrance to the site, if required.

 

42        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.

 

43        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 consideration for service authority assets:

 

44        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.

 

45        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:

 

46        Permission is granted for the removal of the Umbrella tree located at the rear of the existing garage.

 

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.

 

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

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER


 

 

Director, City Planning Report 69/2006

 

 

SUBJECT:

Social Impact Assessment - Licensed trading hours, Coogee Bay Hotel and Beach Palace - update

 

 

DATE:

27 July, 2006

FILE NO:

F2004/07767

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

On 28 March, 2006, Council resolved to commission a consultant to prepare a Social Impact Assessment (SIA) in relation to the Coogee Bay Hotel and the Beach Palace, Coogee.

 

The SIA is required to examine the local impacts of the current licensed trading hours of the premises and propose strategies to ameliorate any impacts.

 

This report updates Council on follow up progress on the Council’s resolution.

 

ISSUES:

 

Draft consultant brief

 

A draft brief was prepared during May and June, 2006 (Attachment A). It addresses Council’s resolution and requires the preparation of a comprehensive SIA to investigate and address the social impacts of the existing trading hours of the hotels.

 

It requires a consultant to identify the nature and extent of anti-social behaviour arising from the existing trading hours of the two hotels. It also requires the evaluation of solutions and strategies, as well as, research into the efficacy of voluntary measures to reduce social impacts. 

 

Invitations to consultants

 

Twelve consultants were considered for preparation of the SIA (see list at Attachment B). They were requested to submit only their curriculum vitae (CV) for consideration. Due mainly to conflicts of interest, only three of the consultants submitted their CV. One consultant subsequently withdrew due to cost considerations.

 

SIA is a relatively specialised facet of planning and offers a small field of consultants with the necessary experience and expertise.

 

Consultation

 

Council approached interested members of the Coogee Precinct Committee and other local residents to be involved in the SIA project as required by the Council’s resolution.  Copies of the draft consultant brief and consultants’ CVs were provided to the residents.

 

On 18 July, 2006, the General Manager met with the residents to discuss the terms of the draft brief and to assist in selection of a consultant. The residents suggested an expanded brief beyond the statutory requirements for Category B SIAs (under the NSW Liquor Regulation), with additional information, including additional demographic categories, a further widening of the area of investigation, an economic analysis and a full scale consultative process, among other requirements (minutes of meeting at Attachment C). 

 

The meeting concluded two documents should be prepared: one addressing the legislative requirements and one broader document. A costing should be prepared for an expanded brief and the hotel proprietors approached to contribute to the preparation costs of the expanded SIA.

 

Terms of brief

 

The preferred consultant has provided a quotation of $12,500 to undertake the SIA consistent with the current legislation. Preparation of an SIA under the expanded draft brief is likely to cost more than an estimated $50 - 60,000.

 

The consultant will need to confirm their availability to undertake the expanded brief (with a proposed November commencement, as was suggested by the resident meeting). 

The consultant will also need to submit a detailed work program and fee proposal for the expanded brief. The cost of the additional work is expected to be considerable.

 

The draft brief requires the consultant to consult with Council and residents during preparation of the SIA. Moreover, it is implicit in the remainder of the draft brief that relevant stakeholders be consulted.

 

Selection of preferred consultant

 

The resident group expressed a preference for CRED Community Planning to undertake the SIA. Selection was based on the consultant’s experience and expertise and on their response to the draft brief (although only their CV was requested).

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

Outcome 6: A Liveable City.

Direction 6c: The safety of our community is paramount and is acknowledged and supported through proactive policies, programmes and strategies.

Key Action:    Develop and implement effective regulatory environmental, public health and safety services and programmes to maximise public safety and anti-social behaviour of buildings and spaces.

 

FINANCIAL IMPACT STATEMENT:

 

The project has required the involvement of one staff member in research and preparation of the draft brief, attendance at meetings and liaison with consultants (approx 1 day per week for 2-3 months). Initial discussions have been held with the hotel proprietors and they advise they will consider paying the $12,500 cost. Furthermore, the hotel proprietors have indicated a reluctance to fund the expanded brief ($50,000+).

 

A staff member will engage the consultant, and oversee preparation and review of the SIA. This will involve an initial and subsequent meeting, provision of background planning material and liaison with the consultant and residents as required. It will then require a report to Council on the final SIA and any related follow up tasks.

 

CONCLUSION:

 

Based on the recent meeting with residents, the scope of the consultant brief will need to be broadened to encompass issues raised by the residents. Agreement will need to be reached with the preferred consultant to the additional scope of the project and a detailed fee proposal provided. Agreement from the hotel proprietors will also be required to payment of the cost of the expanded SIA.

 

RECOMMENDATION:

 

That Council:

 

a)       Note the work on the SIA project to date;

 

b)      Note that CRED Community Planning will be approached with an expanded draft consultant brief and request for a detailed fee proposal for such work; and

 

c)       Fund the expanded SIA brief costs if the hotel proprietors formally advise of their non-payment for these costs.

 

ATTACHMENT/S:

 

A.        Draft Consultant Brief, June 2006.

B.         List of consultants approached.

C.        Minutes of meeting 18 July, 2006, with General Manager and residents. 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

JANE FLANAGAN

DIRECTOR, CITY PLANNING

STRATEGIC PLANNER

 


Attachment A

 

28 June 2006

 

 

 

Dear

 

Social Impact Assessment - licensed premises, Coogee Beach

 

Thank you for your interest in being involved in the preparation of the above Social Impact Assessment (SIA).

 

The SIA will provide a comprehensive assessment of the impacts of the existing trading hours of the Coogee Bay Hotel and the Beach Palace Hotel on the local community. It will recommend practical measures and strategies which can be implemented to ameliorate the impacts.

 

I would like to invite you to meet with Ray Brownlee, General Manager and representatives from the Coogee Precinct Committee and the local community. At the meeting, you will consider a draft consultant brief for preparation of a comprehensive SIA, as well as the CVs of interested consultants and your comments at the meeting will be sought.

 

The meeting will be held on 18 July, 2006 at 6 p.m. at Council’s Administrative Centre, Frances Street, Randwick. Please ring Jane Flanagan on 9399 0531 to confirm your attendance.

 

A key task at the meeting will be to consider and discuss a preferred consultant based on consideration of their CVs and experience and expertise in preparation of SIAs. Once engaged, the successful consultant will meet with Council officers and consult with the precinct/resident group during preparation of the SIA.

 

It is envisaged a draft SIA will be completed six weeks after a consultant is engaged.  I have attached a copy of the draft consultant brief and the consultants’ CVs for your perusal.

 

Please contact Jane Flanagan, Strategic Planner on 9399 0531 (Wednesdays to Fridays) if you require further information.

 

Yours sincerely

 

 

 

Ray Brownlee

General Manager 

 

 


Attachment B

 

Randwick City Council – SIA meeting of 18th July 2006

 

List of Consultants approached to submit their CV

 

 

 

Design Collaborative, Consultants

 

Liquor Advisory Services Lawyers and Consultants

 

John Coady

Project Planning Associates

 

Lawler Partners

 

Rose Salman

Rose Saltman Urban Planning

 

Dr Fiona Allon and Kay Anderson

UWS

 

Prof Steve Allsop and Dr Tanya Chikritzhs

National Drug Research Institute,

Curtin University of Technology, WA

 

George Porter, Consultant

 

James Lovell, Consultant

 

Sarah Reilly

Cred Community Planning

 

Brian Elton

Elton Consulting

 

GHD

 

 


Attachment C

 
 

 

 

 

 

 

 

 

 


Minutes of Meeting

 

Coogee Social Impact Assessment (SIA) Meeting

18 July 2006

 

 

1.                  Introduction and Apologies

 

Attending:

Ray Brownlee – RCC

Sima Truuvert – RCC

Karen Armstrong  - RCC

Mrs Del Buchanan

Mr Terry Bunton

Mrs Julie Chapman

Dr David Eldridge

Mrs Roushf Hargraves

Mr Ron McDonald

Rona Wade

 

Apologies:

Mrs Rachel Crosbie

Melissa Dryden

Mr Martin Faulkner

Caroline Murray

Kevin Nixon

 

The GM welcomed all attendees and noted the background to this meeting, arising from the recent Council report and resolution to prepare a SIA.

 

2.                  Background

 

Karen Armstrong provided an outline of the issues residents have raised in relation to anti-social behaviour in Council, leading to this investigation of the impacts arising from the Coogee Bay Hotel and the Palace Hotel in Coogee.

 

Karen also noted related Council activities including the Liquor Accord, a new 20 year strategic Randwick City Plan, the preparation of a Crime/safety plan overseen by a safety committee,  and stronger working links with the LAC, for example with a recent protocol made for referral of major Development Applications to the LAC.

 

3.                  Draft Consultant brief

 

A draft brief to guide the work undertaken by a consultant to prepare a SIA was discussed.

 

Comments:

-            Check the licence date for the Palace 1954 (don’t they have a new licence?)

-            SIA deliverables (Part 4 of the brief) are not sufficient, if limited to the methodology and criteria under the NSW Liquor Regulation (limited to users). The SIA should also address:

o       Increase the categories of demographic groups to investigate, inc elderly, families, children, single households particularly women, people taking buses, people in full-time employment

o       Increase the area of investigation to approx 700 m radius, including Carrington Road and at least 500 m from each hotel

o       Increase the range of uses investigated eg backpackers,

o       Health/crime investigations need expansion including NSW Bureau of Crime statistics (eg. Measure not just incidence but trends over, say,  5 years)

o       Hospital emergency admissions – Prince of Wales should be approached to supply these figures

o       Police data – on number of incidences, inc pedestrian incidences

o       Resident feedback – consider resident logs of incidences

o       Consultation should be broader e.g. with the premises adjacent to the hotels. Also ensure the Coogee Liquor Barn is included

o       Cost impacts should consider the range of social impacts eg damage to cars, property, rental rates/slumps, tourism (locals go elsewhere), community impacts of days off work (eg hangovers), etc

-            SIA Background research (Part 5 of the brief) should be more fully addressed – should include a full history of the hotels , their uses and approvals to ensure accuracy of the investigation eg for the Palace’s first 5 years of operation)

-            The Background Information (Part 6 of the brief) should also include the reports from Curtin University and the recent Bureau of Crime Statistics and Research (BOCSR) study, and the Manly after Dark report, 1999 Liquor Accord report.

 

The details notes relating to these requests were provided at the meeting (see attached notes). The GM noted that we have to balance the issues in a SIA. The consultant would develop a methodology based on the brief and could consider these aspects, which would significantly expand the work required of the brief. 

 

4.                  Consultants

 

The GM noted that 12 consultants were approached (a list was provided), however only 2 were available to submit their CVs for the work (given a range of issues including conflicts of interest). The CVs provided by the 2 consultants with SIA expertise were discussed.

It was queried whether the Bureau of Crime Statistics and Research was approached. The GM noted that they are unlikely to do this type of work (they are part of the NSW Attorney General’s office).  Another suggestion was to approach other councils with similar issues and take a joint approach. This was not generally considered suitable by the group, given the additional time it would require and reduced focus on Coogee.

 

Most attendees noted a preference for Cred, given its detailed response to the brief.  (Karen Armstrong clarified that the consultants were only requested to provide a CV). It was agreed that Cred consultancy be approached to undertake the SIA.

 

The timeframe for the work was discussed, with many noting that the work (estimated in the brief at 6 weeks) should include summer months. It was discussed and agreed that the consultant should commence work in November.

 

The GM noted that we will now approach the consultant to do the SIA requirements and the additional work as requested in this meeting.

 

The GM suggested that the consultant will be requested to prepare 2 documents, with one strictly following the NSW Regulation for SIAs and another with the additional work as noted at this meeting. All agreed to this approach.

 

5 Other Matters

 

Some ideas were raised to address current concerns, however the GM noted that this is the responsibility of the consultant to identify.

 

It was raised and generally supported within the group that the consultant should also undertake an economic analysis. This will also be noted also as an additional task for the work.

 

Meeting closed at 6pm.

 

 

 






 

Director, City Planning Report 70/2006

 

 

SUBJECT:

Review of Mediation Programme

 

 

DATE:

17 July, 2006

FILE NO:

F2004/07467

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Council at its Health Building & Planning Committee Meeting held on 8 March 2005 resolved to adopt a Mediation Policy and implement a programme aimed at resolving disputes that may arise in the development application process. The Mediation Programme has been operating for approximately fifteen (15) months and it is important that the programme be maintained and evaluated on a regular basis to ensure that it is operating effectively and achieves its stated aims and objectives.

 

ISSUES:

 

There have been twenty one (21) mediations conducted since March 2005. Fifteen (15) mediations were initiated at the officer level whilst six (6) were commenced as a result of resolutions by the elected Council. Fifty three (53%) percent of the total number of mediations have resulted on an agreed outcome between the parties involved with the mediation. Of the mediations initiated by Council Officers 66% were successful whilst 16% of the mediations resulting from a resolution of Council after consideration of the application were successful.

 

Whilst the overall success rate in mediations may appear low, it is important to note the benefits that accrue to the parties in allowing a forum which reduces adversity, clarifies issues and enables opportunities to explore alternatives, as well as keeping the lines of communication open between parties that are in dispute.

 

This point is confirmed by Council’s mediators who have advised that the participants in the mediation sessions are generally appreciative of the opportunity to meet face to face with the aim of resolving issues of concern. Council’s mediators have also raised the issue that in a number of cases parties have been reluctant to compromise because one of the parties has the understanding that they may have the support of one or more Councillors or advice has been provided by a Council officer that the application has merit. Council officers have been advised not to discuss the likely outcome of the application with the applicant and objectors prior to the mediation session. In view of the above comments, mediations should be ideally conducted just after the public exhibition period for the development application and prior to any definite position being formed on the application and well before they are considered at a Committee or Council meeting. The success rate for mediations conducted after the matter has been referred to Council would further support this proposition.

 

RELATIONSHIP TO CITY PLAN:

 

Sense of Community - Outcome 4: An Informed and Engaged Community

Direction 4a. Innovative communication methods and technology are used to share and obtain information.

 

The continued use of mediation as alternative dispute resolution technique will contribute to the achievement of the above outcome and direction of the City Plan.

 

FINANCIAL IMPACT STATEMENT:

 

The cost of the Mediation Programme to date has amounted to $8,264.21.  The ongoing costs of the Mediation Programme have been budgeted for in 2006/2007.

 

CONCLUSION:

 

The Mediation Programme is operating effectively and has been successful in resolving a number of disputes that have arisen in the development application process.  It would also appear that key contributing factors to the success of mediation are early intervention and the willingness of the parties to participate and negotiate.

 

RECOMMENDATION:

 

That Council continue to provide an independent Mediation Programme.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR, CITY PLANNING

MANAGER DEVELOPMENT ASSESSMENTS