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

 

21st November, 2006

 

ORDINARY COUNCIL MEETING

 

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 28TH NOVEMBER, 2006 AT 6:00 P.M.

 

 

1           Prayer & acknowledgement of local indigenous people

 

2           Apologies/Granting of leave of absences

 

3           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 24TH OCTOBER, 2006.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

Mayoral Minutes (if any) will be issued and listed in a supplementary agenda.

 

7           Director City Planning Reports

 

7.1                      

DIRECTOR, CITY PLANNING REPORT 99/2006 –

5-23 GUBBUTEH ROAD, LITTLE BAY. (LOT 19)

2

 

7.2                      

DIRECTOR, CITY PLANNING REPORT 100/2006 –

27 - 37 GUBBUTEH ROAD, LITTLE BAY. (LOT 22)

50

 

7.3                      

DIRECTOR, CITY PLANNING REPORT 101/2006 –

1-13 FRIENDSHIP ROAD, PORT BOTANY. (MOLINEUX POINT – LOT 23)

96

 

7.4                      

DIRECTOR, CITY PLANNING REPORT 102/2006 –

200 - 210 ARDEN STREET, COOGEE.

143

 


 

8           General Manager's Reports

 

8.1                      

GENERAL MANAGER'S REPORT 43/2006 - SEPTEMBER 2006 QUARTERLY REVIEW - MANAGEMENT PLAN 2006/09.

175

8.2

GENERAL MANAGER’S REPORT 44/2006 - 2005/2006 ANNUAL REPORT.

177

 

8.3                     

GENERAL MANAGER'S REPORT 45/2006 – RANDWICK CITY STATE OF THE ENVIRONMENT REPORT 2006.

179

 

8.4                      

GENERAL MANAGER’S REPORT 46/2006 – GRANTS, DONATIONS AND SUBSIDIES.

196

8.5                      

GENERAL MANAGER'S REPORT 47/2006 - AFFIXING OF THE COUNCIL SEAL.

216

 

8.6                        

GENERAL MANAGER'S REPORT 48/2006 - APPOINTMENT OF HISTORIAN FOR THE HISTORY OF RANDWICK PUBLICATION.

219

 

 

9           Director City Services' Reports

 

9.1                        

DIRECTOR, CITY SERVICES’ REPORT 84/2006 - USE OF COUNCIL PARKS, RESERVES AND BEACHES BY COMMERCIAL FITNESS GROUPS AND PERSONAL TRAINERS.

226

9.2

DIRECTOR, CITY SERVICES’ REPORT 85/2006 – LIBRARY BOOK CLUB COLLECTIONS.

237

 

 

10         Director Governance & Financial Services' Reports

 

10.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 71/2006 - COUNCILLORS' EXPENSES & FACILITIES POLICY

240

 

10.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 72/2006 - 2006/2007- BUDGET REVIEW AS AT 30 SEPTEMBER 2006.

264

 

10.3                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 73/2006 - ARRANGEMENTS DURING CHRISTMAS/NEW YEAR PERIOD FOR DECISION MAKING & SCHEDULE OF MEETINGS FOR 2007.

269

 

10.4                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 74/2006 - EARLY CLOSING - CHRISTMAS/NEW YEAR 2006.

275

10.5

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 76/2006 – PROTECTING NSW WORKERS FROM WORKCHOICES BILL 2006.

277

 

 

11         Petitions

 


12         Motions Pursuant to Notice

 

12.1

Motion By Councillor Matson – Temporary Resident Preferred Parking in Bay Street.

280

12.2

Motion By Councillor Matson – Response to Total Environment Centre letter of PSF funding.

280

12.3

Motion By Councillor Matson – Clarification on State Government Response to Alcohol Related Problems in Coogee. 

280

12.4

Motion By Councillor Matson – Council Endorsement for Climate Action Coogee.

280

12.5

Motion By Councillor Notley-Smith – Installation of No Standing Signs Outside 65 Coogee Bay Road.

281

12.6

Motion By Councillor Notley-Smith– Recycling & Depositing Unwanted Computer Equipment.

281

12.7

Motion By Councillor Bruce Notley-Smith –Stormwater Detention Tanks. 

281

12.8

Motion By Councillor Matson – Reducing Competition for parking between Bay Street Residents and Developers.

281

 

13         Confidential Items (Closed Session)

 

13.1                      

CONFIDENTIAL DIRECTOR, CITY SERVICES' REPORT 86/2006 - CONSTRUCTION AND RENOVATION FOR DUNNINGHAM  AND GRANT RESERVES AMENITIES BLOCKS T21/2906.

282

 

13.2                      

CONFIDENTIAL DIRECTOR, CITY SERVICES' REPORT 87/2006 - RANDWICK CITY LIBRARY AND INFORMATION SERVICE STAFF RESTRUCTURE.

296

 

13.3                      

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORT 75/2006 - SSROC TENDER FOR THE SUPPLY & DELIVERY OF READY-MIXED CONCRETE.

302

 

 

14         Notices of Rescission Motions

 

 

 

 

 

……………………….………….

ACTING GENERAL MANAGER


 

Director, City Planning Report 99/2006

 

 

SUBJECT:

5-23 GUBBUTEH ROAD, LITTLE BAY (LOT 19)

 

 

DATE:

14 November, 2006

FILE NO:

DA/573/2006 & PROP051766

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING     

 

 

INTRODUCTION:

 

Attached is Development Assessment Report for Development Application No DA/573/2006 for construction of 12 two storey attached dwellings including carparking, landscaping and associated Torrens title sub-division into 12 lots.

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

ATTACHMENT/S:

 

Development Application Report dated 14 November 2006.

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 November, 2006

FILE NO:

DA/573/2006 & PROP051766

 

PROPOSAL:

 Construction of 12 two storey attached dwellings including car parking, landscaping and associated Torrens title sub-division into 12 lots.

PROPERTY:

 5-23 Gubbuteh Road, Little Bay

WARD:

 South Ward

APPLICANT:

 Stockland (PHH) Pty Limited

OWNER

 Landcom

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.       EXECUTIVE SUMMARY

 

The subject application is for the construction of 12 two-storey attached dwellings including car parking, landscaping and associated Torrens title subdivision into 12 lots. The subject site is irregular in shape and comprises vacant land in the Prince Henry site on Gabbuteh Road. The application is referred to the Health, Building and Planning Committee as the proposed development is valued at $21 million.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 and complies with all the controls contained in the LEP with the exception of the minimum landscaped area and maximum wall height controls. The proposal has a minimum landscaped area provision of 30 per cent compared with the minimum landscaped area requirement of 40 per cent. The proposal also breaches the maximum wall height control by 300mm. Objections under State Environmental Planning Policy No.1 (SEPP No.1) have been submitted in relation to the breach of these controls. The non-compliances have been assessed and found acceptable as the breach in the landscaped area and wall height controls do not result in a development that will be visually intrusive in the locality; and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views. The application complies with all the relevant prescribed controls in the Prince Henry Development Control Plan with the exception of the wall height and landscaped area controls.

 

The proposal was notified and advertised as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended). No submissions were received in response to the proposal.

 

The proposal is an “integrated development” as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. Accordingly, the application was referred to the Heritage Council of NSW for approval, and notified and advertised for a period of 30 days in accordance with the EP&A Act 1979 (as amended). The Heritage Council has issued its General Terms of Approval for the proposed development which have been incorporated as conditions of consent.  No submissions were received in response to the advertising/notification process.  

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the Master Plan for the Prince Henry site which was adopted in December 2001. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). The proposal is consistent with the requirements of the Deemed DCP and will be sympathetic to the existing and future developments in the locality.

 

The recommendation is for approval of the application subject to conditions.

 

2.       THE PROPOSAL

 

The proposal is for the construction of 12 two-storey attached dwellings including car parking, landscaping and associated Torrens title subdivision into 12 lots. 

 

The proposed development will contain the following uses:

 

 

Northern Block (fronting Gubbuteh Road)

1 x 3           Bedroom + study

4 x 4           Bedroom + study

Total – 5 units

 

Southern Block (fronting Walters Road)   

7 x 4           Bedroom

Total – 7 units

 

Single car garages will be provided for each dwelling, with the exception of the eastern-most dwelling in the Northern Block which has a double garage. The remaining 11 dwellings will have a carport located adjacent to the single-car garage in the case of the Northern Block and in front of the garage in the case of the Southern Block.

 

The proposed attached dwellings will be raised approximately by a maximum 300mm above street level and setback by a minimum 5m from the street boundary with well-defined entry points. It is proposed to Torrens-title sub-divide the proposed development with each lot having a typical width of approximately 11m for the Northern Block (with the exception of end/corner allotment which will be approximately 16m wide)  and 9m for the Southern Block.

 

The dwellings units will all have deep soil front and rear gardens with the bulk of these orientated north at a typical depth of 6m from their respective boundaries.

 

3.       THE SUBJECT SITE AND SURROUNDING AREA

 

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

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the adopted Master Plan (now a Deemed DCP) for the Prince Henry site. The subject site is known as Lot 19 in DP 270427. The site is also referred to as Lot 8 in Council’s Prince Henry Site DCP (the DCP). The subject site is located on the northern side of Gubbuteh Road, approximately 100m to the east of Anzac Parade, and comprises vacant land with an area of 3726m2.  

 

The subject site is bounded by Gubbuteh Road to the north with a vacant super lot (Lot 15) for future residential development on the opposite side this road; the Prince Henry Northern Bushland Park containing Eastern Suburbs Banksia Scrub to the east and south; and vacant superlot (Lot 18) for future multi-unit residential development to the west.

 

4.       SITE HISTORY

 

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

 

The site as a whole has been subject to a lengthy strategic planning process. On 27 May 2003 Council adopted a revised master plan for the former Prince Henry Hospital site effective for five years from that date. The Master Plan created a new residential and community precinct with a variety of land uses including retail, commercial, open space, recreation and community facilities. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). On the 18 October 2005, Council adopted amendments to the Deemed DCP subject to variations. Further amendments to the Deemed DCP/Master Plan were approved by Council in May 2006.  These latter two amendments do not affect the subject site.

 

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

 

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

 

A number of other development applications have been approved for proposals in the wider Prince Henry site ranging from the demolition of identified buildings and the decontamination and rehabilitation of land to the erection of buildings for specific social/community bodies and infrastructure, civil and streetscape works.

 

A prelodgement meeting was held in March 2006 (PL 6/2006) to discuss development concepts for the proposed development.

 

5.       COMMUNITY CONSULTATION

 

5.1     Advertising/Notification

 

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

 

6.       TECHNICAL OFFICERS COMMENTS

 

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

 

6.1     Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

 

 

 

“Background

The subject site is located within the Botany Bay National Park Conservation Area under Randwick Local Environmental Plan 1998.  The site and a number of the buildings on it were listed on the State Heritage Register in May 2003.  The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site. 

 

The site encompasses Aboriginal, natural, landscape and built heritage values. 

 

The site has been the subject of a pre-lodgement meeting at which concerns were raised in relation to its compliance with the DCP requirements in relation to open space, fencing and safety and security.

 

The Proposal

The proposal is for a residential development in the form of two separate two storey buildings, one facing Gubbetah Road and the other facing Walters Drive, separated by a laneway.  The northern block has vehicular access from the laneway, with rear gardens facing onto Gubbetah Road.  The southern block has vehicular access from Walters Drive with rear gardens facing the laneway.

 

Heritage Context

The site is in the northern part of the site, adjacent to the Northern Bushland Park, within Precinct P1 as identified in the DCP.  The site is bounded to the north by Gubbetah Road, to the east and south by Walters Drive and the Northern Bushland Park, and to the east by a right-of-way and residential Lot 18.

 

The GML Archaeological Management Plan does not identify any Historical Archaeological Items in the vicinity of the subject site and does not place the site within an Archaeological Zone.  The GML Archaeological Management Plan locates the site within the Aboriginal Archaeological Zone of Very High Sensitivity- Zone 1. 

 

In terms of Built Heritage, the closest significant elements are the Artisans’ Cottages and the Matron Dixon Building which are some distance to the south east of the site, and not considered to be in the vicinity.  In terms of Landscape Heritage, the site is close to remnant indigenous vegetation which is to be retained, and is adjacent to the Little Bay Geological Site.  The Policies for New Development contained in the GML CMP have generally been incorporated into the Master Plan and the Development Control Plan for the site. 

 

Approvals

As Prince Henry is included on the State Heritage Register (SHR), any development generally needs to be the subject of an Integrated Development Application or a prior application under s60 of the NSW Heritage Act.  As the NSW Heritage Office will be the consent authority for the application, Council cannot issue approval until the Heritage Office has provided conditions of consent.  Site specific exemptions for the Prince Henry site were gazetted in June.  Under the Prince Henry Site Specific Exemptions, development which complies with the identified sections of the Prince Henry DCP and the relevant heritage management plans does not need to be referred to the NSW Heritage Council for approval.  These apply to development outside the Historic Precinct, where the proposal complies with the Height and Setback requirements of the DCP, and where any non-compliance with a number identified sections of the DCP will not result in heritage impacts.  It is not clear whether, based on planning compliance, the proposal will be exempt from Heritage Office consent. 

 

Submission

The development application submission includes a Heritage Impact Statement, prepared by Tanner Architects which notes that the site has minor historical significance for its historic associations with the post 1960s phase of the development of the Coast and Prince Henry Hospitals, and has been cleared of built structures and landscape features.  The HIS recommends that appropriate protective measures be undertaken during the construction phase to ensure no impact on the Little Bay Geological Site and the Northern Bushland Park

 

Comments

The proposal appears to be generally consistent with the Performance Criteria and Controls of the Prince Henry Site Development Control Plan in relation to Built Form and Heritage.  Subject to consent conditions, the proposal is unlikely to impact on the Aboriginal and Historical Archaeological significance of the site.

 

Recommendations

 

The following conditions should be included in any consent, in addition to any provided by the NSW Heritage Office:”

 

(Comment: The Heritage Planner’s recommended conditions will be applied in any consent for the application should approval be granted).

 

6.2     Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of twelve two storey attached dwellings and associated Torrens title subdivision.

 

This report is based on the following plans and documentation:

 

·    Statement of Environmental Effects by Helen Mulcahy Urban Planning dated July 2006;

·    Geotechnical Report by Douglas Partners dated June 2006;

·    Traffic and Parking Report by Colston Budd Hunt & Kafes dated June 2006;

·    Email from Jennifer Cooper of Stockland dated 24 October 2006 and accompanying letter and plan regarding waste management;

·    Section 5A Assessment – 7 Part Test by Total Earth Care dated June 2006;

·    Site Survey 051018 by Denny Linker & Co. dated 21 November 2005;

·    Ground Floor Plan (1:200) 1041-DA 06 Issue A by Order Architects dated July 2006;

·    Landscape Concept Plans 1041-LS01 to LS06 Issue A by Order Architects dated July 2006.

 

 

Bushland Comments

Given that an area of protected bushland is located immediately to the east and south of the subject development site, the applicant was advised at prelodgement stage that a bushland impact assessment report shall be prepared, detailing any protection measures required during the construction phase of the development.

 

Accordingly, a 7 part test has been undertaken in accordance with Section 5A of the Environmental Planning and Assessment Act 1979. This report has been referred to the Landscape Development Officer for consideration (see comments below).

 

Landscape Comments

The 7-part Test undertaken by Total Earth Care Pty Limited has considered the seven factors of Section 5A (as amended by the Threatened Species Conservation Act 2002). An assessment of the consultant’s 7-part test indicates in summary that the proposed development on the subject site is not likely to impose a significant effect on the existing Eastern Suburbs Banksia Scrub which forms part of the endangered ecological community adjacent to Lot 19, Prince Henry at Little Bay. Specifically, the proposal will not involve the removal of any native vegetation and is unlikely to significantly compromise the viability of the ecological community within the locality or region; the proposal will not involve the removal of any area of known habitat for the ecological community; and there will be no direct or indirect impact impacts to the ecological community from the action, or ongoing management activities to be implemented as part of the Bushland Management Plan for Prince Henry site. Accordingly, the 7-part test is considered adequate and acceptable and a Species Impact Statement is not required to prepared for the development application.

 

In relation to the proposed development in the subject site, a site inspection confirmed the absence of existing vegetation within the site; however, species selection and landscape design needs to comply with the performance criteria and controls contained in the Prince Henry DCP for Precinct 1, given the presence of the northern bushland park beyond the site’s eastern and southern boundary. Accordingly, appropriate landscaped conditions will be applied.

 

Drainage Comments

Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 19 being discharged through the underground drainage system into the on-site stormwater detention system within Lot 20.

 

Traffic Comments

Parking provisions: The submitted traffic and parking report notes that 2 parking spaces have been provided for each dwelling in accordance with Council’s DCP – Parking for dwelling houses.

 

It is noted that the second stacked (tandem) car space for each of the southern townhouses encroaches into the required two metre setback adjacent to the 6.5 metre wide easement for access (Walters Drive) located along the southern boundary of the site.

 

The Planning Officer shall determine whether this arrangement is satisfactory.

 

Waste Management Comments

As advised at prelodgement stage, provision has been made for the storage of 1 x 240 litre recycling bin, 1 x 120 litre garbage bin and 1 x 240 litre green waste bin within the individual lots.

 

The submitted letter from Stockland dated 24 October 2006 notes that as Walters Drive is an insufficient width to be adequate to facilitate safe circulation of garbage trucks, bin presentation will instead occur on Gubbuteh Road, with individual residents required to transport their bins out onto Gubbetah Road on the day of collection.

 

The Better Practice Guide for Waste Management in Multi-Unit Dwellings (Resource NSW, 2002) states that bins should not need to be wheeled more than 75 metres, and the applicant has demonstrated compliance with this requirement for each of the 12 townhouses in the submitted letter.

 

Should the application be approved conditions shall apply:”

 

6.3     Building Services Comments

 

No objection has been raised to the development application in relation to building services subject to appropriate conditions.

 

6.4     Environmental Health Comments

 

No objection has been raised to the development application in relation to environmental health subject to appropriate conditions.

 

6.5     Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter dated October 2006 with its accompanying general terms of approval. The general terms of approval have been included as conditions of consent.

 

7.       MASTER PLANNING REQUIREMENTS

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000m2 and which must be adopted and in force prior to the grant of development consent.

 

Following amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005, master plans are now designated as Deemed Development Control Plans. Accordingly, the master plan for the Prince Henry Site which was adopted on 27 May 2003, is now a Deemed DCP.

 

8.       RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

 

8.1     Randwick Local Environmental Plan 1998

 

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

 

The following relevant clauses apply to the proposal (and are addressed in detail in Section 10.1 below):

 

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

Clause 40       Excavation and filling of land

Clause 40A    Master plans

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

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0.56:1

Yes

Maximum Wall Height

Maximum 7m

 

Maximum 7.3m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 8m

 

Maximum 7.4m

Yes

Minimum Landscaped Area (% site area)

Minimum 40%

30%

No (SEPP No1 Objection submitted)

Minimum Soft Landscaped Area (% site area)

Minimum 20%

20%

Yes

 

8.2     Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are :

 

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

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.       POLICY CONTROLS

 

9.1     Prince Henry Development Control Plan

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0.56:1

Yes

Maximum Wall Height

Maximum 7m

 

Maximum 7.3m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 8m

 

Maximum 7.4m

Yes

Minimum Landscaped Area (% site area)

Minimum 40%

30%

No (SEPP No1 Objection submitted)

Minimum Soft Landscaped Area (% site area)

Minimum 20%

20%

Yes

Setbacks

Setback from Gubbuteh Road boundary – 2m

 

 

Setback from Asset Protection Zone – 2m

 

 

Setback from Gubbuteh Road boundary – minimum 5m

 

Setback from Asset Protection Zone – minimum 3m

Yes

 

 

 

 

Yes

Asset Protection Zone

Min. 6m wide measured from the eastern and southern boundary taking the form of publicly accessible paths and driveways.

 

Min. 6m wide measured from the eastern and southern boundary comprising predominantly a private driveway, Walters Drive.  

Yes

 

The DCP also contains a range of performance criteria for five key elements of the DCP namely site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access. The relevant performance criteria are assessed in Sections 10.3 and 10.4 below where any inconsistencies between the proposal and these performance criteria are discussed accordingly.

 

9.2     Development Control Plan - Carparking

 

The DCP – Parking requires carparking to be provided for dwelling houses at a rate of 2 spaces per dwelling house with 3 or more bedrooms. The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking.

 

9.3     Section 94 Contributions Plan

 

Section 94 contributions are not payable for developments that meet the Deemed DCP standards as the open space and community facility provisions in the Deemed DCP were designed to meet the requirements of the projected number of residents established in the Deemed DCP. The Master Plan/Deemed DCP projected 10 dwelling units for subject site comprising the following:

 

·    2 x  2 Bedrooms

·    8 x  3 Bedrooms

 

The proposal has 12 dwellings which exceeds the projected number of dwellings established in the Master Plan/Deemed DCP as follows:

 

·    1   x   3 Bedrooms

·    11 x   4 Bedrooms

 

In view of the excess dwelling units proposed, a contribution for the additional 2 dwelling units is chargeable under Section 94 and a condition will be applied accordingly should approval be granted.

 

9.4     Rainwater Tanks Policy, 2003

 

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

 

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         Section 91 EP&A Act (Integrated Development)

 

Section 91 of the EP&A Act relates to development that requires development consent and one or more other approvals under relevant nominated Acts. The former Prince Henry Hospital site is located within a conservation area, which has been gazetted in the State Heritage Register, so that any development proposal requires the consent of the Heritage Council of NSW. Accordingly, the application was referred to the Council as integrated development. The Heritage Council advised of its approval of the integrated development application in a letter dated 17 October 2006 with its accompanying general terms of approval. The general terms of approval have been included as conditions of consent.

 

10.1.2         Randwick Local Environmental Plan 1998

 

Clause 21   Sub-division

 

The draft sub-division plans provided are consistent with the architectural plans that will be the subject of approval if granted. The proposed sub-division is consistent with Part 3.0 of the relevant requirements of the Prince Henry DCP. Standard conditions relating to sub-division will be applied should approval be granted.

 

Clause 30A (2)   Development of certain Land in Zone No 2D (maximum Floor Space Ratio)

 

A floor space ratio of 0.75:1 is applicable to the subject site pursuant to Clause 30A (2) of Randwick Local Environmental Plan 1998. The proposed development complies with the FSR control having an overall FSR of 0.56:1.

 

 

Clause 30A (3)    Development of certain Land in Zone No 2D (minimum landscaped area

 

A minimum landscaped area requirement of 40 per cent is applicable to the subject site pursuant to Clause 30A (3) of Randwick Local Environmental Plan 1998. The proposal provides a minimum landscaped area of 30 per cent which does not comply with the standard.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 30A (3) of Randwick LEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

The FSR control in question is a development standard contained in the Randwick LEP 1998.

 

2)   The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.”

 

 

3)   Consistency of the development with local planning objectives for the locality aims of SEPP No.1 and the objectives of the Act.

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 19, for low-medium density residential development, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for residential use (ie. urban consolidation) in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to provide:

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(i)         The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(ii)        The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the landscaped area control is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development is consistent with the provisions of the Prince Henry Master Plan/Deemed DCP in contributing towards the creation of a better urban environment within the Prince Henry Site and, in doing so, promote the orderly use and development of the subject land.

 

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

 

It is considered that a development compliant with the prescribed minimum landscaped area control would be unreasonable in the subject site for the following reasons:

 

§   The shortfall in landscaped area occurs primarily as a result of the need to provide for the Asset Protection Zone (ie., a buffer between new buildings and remnant vegetation in the Northern Bushland Park) which the DCP – Prince Henry Site (Section 7.1 xvii) states “should take the form of publicly accessible paths or private driveways”. Accordingly, the proposal provides for a private road, Walters Drive, within the Asset Protection Zone which serves as an essential accessway for the proposed attached dwelling houses given the irregular configuration and physical constraints of the subject site. In view of this, a compliant landscaped area for the proposed development would preclude both the provision of the Asset Protection Zone and the proposed private driveway (Walters Drive) within that Zone.

 

§   The shortfall in landscaped area will not diminish the overall quality of landscaping within the proposed development especially its function in softening the visual impact of the proposed development especially considering that the proposal will be set in a significantly large bushland setting as provided by the Northern Bushland Park immediately east and south of the proposed development.

 

§   The shortfall in landscaped area will not detrimentally affect the aim of reducing urban run-off from the proposed development because stormwater from the site (as with all development lots within the Prince Henry site) will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs as required under the total water cycle strategy of the DCP – Prince Henry Site.

 

§   The shortfall in landscaped area will not detrimentally affect the aim of providing for adequate areas for recreational purposes within the proposed development because the proposed new Oval Park will be located approximately 350 m away from the subject site and Little Bay Beach and surrounding golf-course are located within reasonable walking distance to the subject site. Furthermore, the internal driveway between the Northern and Southern block will provide for a shared use zone for both vehicular access and pedestrian walkway, which as noted by the Design Review Panel, “is appropriate to this physical and social setting and a skilful reinterpretation of an old tradition” (see Section 10.4.2.1 below). 

 

§   Each proposed allotment in the proposal will provide landscaped areas with a minimum 40% landscaped area which complies with the minimum landscaped area requirement.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land but with a bulk and scale that would not be visually intrusive in the existing coastal and bushland setting and is consistent with the desired future character of the Prince Henry Site as expressed in the Prince Henry DCP.

 

In addition, the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access, privacy and views (see Section 10.4.2.3 below).

 

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

 

5)   Whether the objection is well founded.

 

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

 

§  Articulated the underlying stated objectives of the standard clearly.

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

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

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

 

·        The proposed non-compliance do not result in any inconsistencies with the objectives of either the 2D zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the FSR standard.

 

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

 

·        The scale and nature of the non-compliances do not give rise to matters of state or regional significance, nor do the non-compliances adversely impact the public interest.

 

·        The proposal locates buildings in such a way that the provision and use of outdoor areas is maximised resulting in individual dwellings/allotments that all comply with the minimum landscaped area requirement as indicated in the Area Schedule at Appendix 5 to the Statement of Environmental Effects.

 

·        The proposal ensures that all residents have access to useable and well designed private open space in that all primary courtyard spaces have a northerly exposure and have a direct connection from the primary internal living spaces.

 

It is considered that the SEPP 1 objection is well founded and should be supported considering that the proposed building will not be visually intrusive in the existing coastal and bushland setting and is consistent with the desired future character of the Prince Henry Site as expressed in the Prince Henry Master Plan/Deemed DCP and the DCP – Prince Henry Site.

 

Clause 30A (4)    Development of certain Land in Zone No 2D (maximum

                            wall height)

 

The proposal does not comply with the maximum 7m wall height control of the Randwick Local Environmental Plan 1998 as the proposal has a maximum wall height of 7.3m in the end boundary walls of the Northern and Southern Blocks where the wall follows the profile of the skillion roof to its maximum pitch.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 30A (4) of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

The wall height control in question is a development standard contained in the Randwick LEP 1998.

 

2)   The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

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

 

3)   Consistency of the development with local planning objectives for the locality, aims of SEPP No.1 and the objectives of the Act.

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 19, for low-medium density residential development, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for residential use (ie. urban consolidation) in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to provide:

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(iii)       The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(iv)       The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the FSR is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the overall Prince Henry Master Plan/Deemed DCP and DCP – Prince Henry Site.

 

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

 

It is considered that a development compliant with the prescribed maximum wall height control would be unreasonable in the subject site for the following reasons:

 

§   It would preclude the provision of a projecting roof plan (with its single pitch at 4 degrees) for each dwelling which is integral to the architectural design of the proposal as a whole in giving it a robust yet modern and contemporary expression. Accordingly, the use of this element in the architectural presentation of the proposal is reasonable.

§   It would lessen the effectiveness of solar and airflow amenity to the proposed dwelling given the highest pitch of the roof is to the front of the Northern and Southern Blocks both of which face north.

§   The breach in the wall height limit is localised to the portion of the end boundary walls of the Northern and Southern Blocks where the wall coincides with the maximum pitch of the skillion roof.

§   The portion of the end boundary walls where the breach occurs will not be a blank wall but will be broken by the articulation and modulation provided by framed louvre elements, glazed openings and recessed features.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land with FSR, building height and setbacks that comply with the requirements of the Randwick LEP 1998 and Prince Henry DCP. In addition, the bulk and scale will be compatible in the context of the existing and future streetscape and proposed future developments within the Prince Henry site. The proposed new buildings will also be sympathetic in bulk and scale to the Prince Henry Heritage Conservation Area and its built and landscape heritage elements.

 

As discussed in Section 10.4.2.1 below, the façade of the new building will be designed to reduce its apparent scale and respond to its overall context including the natural coastal setting.

 

In addition, the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access and privacy (see Section 10.4.2.3 below).

 

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

 

5)   Whether the objection is well founded.

 

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

 

§  Articulated the underlying stated objectives of the standard clearly.

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

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

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

 

·        The proposed non-compliance do not result in any inconsistencies with the objectives of either the 2D zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the  standard.

 

·        The extent of the non-compliances is relatively minor and does not result in any substantive adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining development;

 

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

 

·        The scale and nature of the non-compliances addressed in this SEPP 1 Objection do not give rise to matters of state or regional significance, nor do the non-compliances adversely affect the public interest.

 

It is considered that the SEPP 1 objection is well founded and should be supported having regard to the localised nature of the breach in the maximum wall height control.

 

Clause 40            Excavation and filling of land

 

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

 

Clause 40A         Master plans

 

A Master Plan for the Prince Henry site, inclusive of the subject site, was adopted in December 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A further revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The Deemed DCP acknowledged the provision of residential apartments in the subject site. The proposal is consistent with the Deemed DCP with the exception of the number of apartments units which is in excess of 1 unit. This increase is considered minor and does not create any adverse impact on the amenity or visual quality of the locality.

 

On the 18 October 2005 and May 2006, Council adopted amendments to the Deemed DCP subject to variations. These amendments relate to land in the southern half of the Prince Henry site (ie., south of Pine Avenue) and, therefore, are not relevant to the subject proposal.

 

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

 

Clause 43 of RLEP98 relates to heritage items and heritage conservation areas. The subject site lies within the Prince Henry Site which is located within a conservation area that has been gazetted in the State Heritage Register. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Heritage Planner. In addition, as discussed earlier, the proposal has been referred to the Heritage Council of NSW as an integrated development and General terms of Approval have been received from the Heritage Council.

 

10.2            Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are:

 

SEPP No. 19 – Bushland in Urban Areas

 

SEPP 19 requires the consent authority to consider the potential impact of the development on the proposed management of “bushland” within or adjacent to the land. Bushland containing Eastern Suburbs Banksia Scrub is located in the adjoining Lot 21 to the west and south of the subject site. Whilst the subject land is not zoned or reserved under an environmental planning instrument for open space purposes, the objectives for the protection of the bushland are still relevant. In this regard, it should be noted that the proposal will have some overshadowing impact on the adjoining bushland park (see Section 10.4.2.3 below) in the winter solstice. This impact however will be minor in that the overshadowing occurs primarily in the winter afternoon (with no overshadowing during the rest of the winter day) and covers a small portion of the bushland park. Furthermore, the proposal complies with the Randwick LEP and DCP – Prince Henry in that the proposed building will be built within the defined building envelope and comply with the setback, maximum storey and building heights and density controls of these plans. In addition, the proposal provides for a 6m wide buffer (known as the Asset Protection Zone) within the subject site separating the building from the bushland as required under the DCP. In relation to potential physical impacts, appropriate conditions for the protection of the bushland during and after construction will be applied. Appropriate reference will be made to the Bushland Management Plan Control Document prepared by Manidis Roberts as part of the earlier DA No. 1102/2003 (for Stage 3 - Infrastructure and streetscape works in the Prince Henry site) in the application of these conditions.

 

In addition, the applicant has indicated that non-invasive species will be used throughout the landscape treatment of the proposed development particularly where it interfaces with the bushland remnant. A condition will be applied accordingly should approval be granted for the proposal.

 

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

 

10.3.1         Development Control Plan – Prince Henry Site

 

The proposal has been assessed in relation to the Prince Henry Development Control Plan.  The DCP provides a framework for the redevelopment of the Prince Henry site containing performance criteria and controls to guide builtform, provide environmental and amenity standards, and give appropriate heritage protection for the site both on a precinct-by-precinct basis as well as a general overview.

 

The site the subject of this development application is located within Precinct P1 of the DCP and complies with all the applicable precinct-specific controls with the exception of landscaping and maximum wall height. In addition, the proposal generally complies with the range of performance criteria for five key elements of the DCP namely site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access.

 

10.3.2  Development Control Plan - Parking

 

The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking (2 spaces per dwelling house with 3 or more bedrooms).

 

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

 

10.4.1  Natural Environmental Impacts

 

The Northern Bushland Park, containing Eastern Suburbs Banksia Scrub, is located in the adjoining Lot 21 to the east and south of the subject site. As indicated in Section 10.4.2.3 below, the proposal will have some overshadowing impact on this adjoining bushland park in the winter solstice. However, this impact is considered minor in that the overshadowing occurs primarily in the winter afternoon (with no overshadowing during the rest of the winter day) and covers a small portion of the bushland park. Furthermore, the proposal complies with the Randwick LEP and DCP – Prince Henry in that the proposed building will be built within the defined building envelope and comply with the setback, maximum storey and building heights and density controls of these plans. In addition, the proposal provides for a 6m wide buffer (known as the Asset Protection Zone) within the subject site separating the building from the bushland as required under the DCP.

 

It should also be noted that the predetermined configuration and location of the subject site in the adopted Master Plan/Deemed DCP and DCP – Prince Henry Site to the north and west of the bushland park dictates that some overshadowing of the park from any proposed development in the subject site will be unavoidable. However, as discussed above, the overshadowing created in this case by a largely compliant proposal will be limited to winter afternoons and affect only a small portion of the bushland park. Accordingly, the proposal is considered reasonable and acceptable in relation to environmental impacts on the bushland. Moreover, appropriate conditions for the protection of the bushland during and after construction will be applied correspondingly.

 

10.4.2  Built Environmental Impacts

 

10.4.2.1Urban Design

 

The proposal will comprise two groups of attached two-storey dwellings (one fronting Gubbuteh Road and the other a private driveway, Walters Drive) whose layout and characteristics are shaped by the east-west orientation of the allotment. The provision of at-grade garages necessitates the provision of an internal driveway for vehicular access to rear of the Northern Block thus eliminating the potentially unsightly effect of garages to the street front on Gubbuteh Road, and ensuring a more harmonious residential presentation to the street. The applicant advises that this internal driveway will serve both as a vehicular driveway and paved pedestrian zone thus providing for some form of shared use of this accessway for future residents of the proposed development. Accordingly, this internal driveway will be designated as “neighbourhood property” under the proposed sub-division. This shared use of the internal driveway has been supported by the Design Review Panel and is considered an appropriate design element of the overall proposal.

 

The proposed buildings will have a bulk and scale that will not be visually intrusive in, but rather complementary to, the streetscape. The variable 3.5m to 6m setback of the proposed buildings from Gubbuteh Road and Walters Drive (well in excess of the required 2m setback under the DCP – Prince Henry Site), will provide for front garden areas to these streets and assist in softening the presentation of the building to the streets.

 

The architectural design of the proposed terrace houses is considered to be of reasonably good quality and will complement the architectural style of the buildings already approved in other lots within the Prince Henry site (such as  Lots 6 and 7 which will be modern contemporary designed multi-unit residential buildings). The language of the architecture will be one of lightness and openness as expressed in the large open glazed areas, projecting roof planes and light-weight privacy screens. The use of a single sweeping pitch roof is part of the architectural language for the proposed development to reinforce the design of the proposed buildings.

 

In terms of its massing, the proposal essentially will have a low to medium-scaled built form with a repeating façade comprising a modulated framed bay design. The corner dwellings will be well-articulated with framed louvre elements and feature elements (such as Western Red Cedar board and painted steel posts) to address the awkward corners of the subject site.

 

A variety of external building finishes as reflected in a sample board submitted with the application will give expression to the architectural form and visual character of the proposed development. The sample board contains a good balance of natural materials such as timber (Cedar) (for feature walls, panel-lift doors and louvres) and man-made materials such as render masonry, Bluescope steel and glass to create appropriate articulation and modulation and provide a quality visual interest for the development.  In addition, the facade composition achieves an appropriate balance of vertical and horizontal elements, which provide symmetry to the terrace houses.

 

Given that the proposal essentially is for a series of attached two-storey dwelling houses it does not fall within the provisions of SEPP 65, and accordingly, does not require a review by the SEPP 65 Design Review Panel. Nevertheless, the proposal was referred to the Panel for comments on 3 July 2006 in view of its location within the Prince Henry site. The Panel has found the proposal satisfactory on all the SEPP 65 assessment criteria with the Panel’s comments listed (in italics) below (followed by Council’s comments wherever necessary):

 

1.       Relationship to the Context of the Proposal

 

The proposal appears to be consistent with the master plan for the Prince Henry site at Little Bay and to be consistent with the character of development being sought in that plan.

 

2.       The Scale of the Proposal

 

The bold use of verandas has enhanced the presence that these buildings will have within the very large Prince Henry site.  They have a very appropriate scale.

 

3.       The Built Form of the Proposal

 

The buildings are well sited on awkward shaped sites in a way that will enhance Gubbuteh Road and provide good amenity for their residents.  The proposed car court in the centre of the Lot 19 site is appropriate to this physical and social setting and a skillful reinterpretation of an old tradition. 

 

4.       The Proposed Density

 

Satisfactory and consistent with the DCP.

 

6.       Resource and Energy Use and Water Efficiency

 

The orientation of all townhouses is good and sensible measures have been taken to provide solar control.  All townhouses will enjoy good cross ventilation.

 

It was not clear from the material presented how the fenestration would work.  It is the Panels view that it is important for windows to be of a type that allows areas to be opened at night with out loss of security.  It would appear possible for first floor bathrooms to be roof ventilated.

 

With appropriate drainage design and selection of paving materials it should be possible to retain most, if not all, rainwater runoff on site.

 

Comment : A condition will be applied requiring the provision of suitable roof-ventilation to first floor bathrooms should approval be granted. In relation to run-off, while the retention of all rainwater on-site is commendable, stormwater from the site will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs as required under the total water cycle strategy of the DCP – Prince Henry Site.

 

7.       The Proposed Landscape

 

The development will rely upon the landscape treatment proposed to realize its potential.  The proposed design appears to provide the privacy and summer shade required.  It will be in the interest of the developer and the residents to provide and maintain it.  Important tree locations should be preserved by placing them where possible on common title.

 

8.       The Amenity of the Proposal for its Users

 

It is the Panel’s view that the proposal will provide a very high level of amenity for its residents. The planning is clear and simple.

 

9.       The Safety and Security Characteristics of the Proposal

 

The design allows for good passive surveillance of the adjacent street and lane.

 

10.     Social issues

 

The proposal provides a useful addition to the range of housing types that will be available on the Prince Henry Site.

 

11.     The Aesthetics of the Proposal

 

The Panel considers that this bold simple design, which relies for its aesthetic on functional elements, will be a distinguished addition to the Prince Henry development.

 

It was however suggested that the street fencing should not be varied in the manner proposed, with the fence type changing across one townhouse frontage, and that probably only one spear fence type would be required.  Doors to the garage and the parking space could vary so as to avoid the appearance of a double garage.  Variation along the street would be provided by different plantings in each allotment.

 

Comments: A condition will be applied requiring details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site should approval be granted. A condition will also be applied requiring variation in the appearance of the doors to the garage and parking spaces in the Northern Block.

 

SUMMARY AND RECOMMENDATIONS

 

The strategy of placing the cars in a shared internal court creates genuine benefit for the street by relieving it of blank double garage doors. The scale form and skill of the architect is evident in the perspectives.

 

The Panel congratulates the designers and commends the proposal to the Council.

 

10.4.2.2      Heritage Impact

 

The Prince Henry site and a number of the buildings on it were listed on the State Heritage Register in May 2003. The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site.  Specific Elements Conservation Policies (SECPs) are being prepared progressively for individual buildings and items. The site also encompasses Aboriginal, natural, landscape and built heritage values. The built heritage on the site includes many buildings which were part of the former Coast and Prince Henry Hospitals on the site.

 

In relation to the subject site, a Heritage Impact Statement (HIS), prepared by Tanner Architects Pty Ltd, was submitted with the application.  The HIS indicates that the site has minor historical significance for its historic associations with the post 1960s phase of the development of the Coast and Prince Henry Hospitals, and has been cleared of built structures and landscape features. In relation to the proposal itself, the HIS states as follows:

 

“The proposal provides a positive contribution to the Prince Henry site being a well designed example of contemporary architecture that complies with the requirements of the DCP. In complying with the DCP, the proposal is considered to have no potential impact on the identified heritage values of the Prince Henry site in general and on the Artisan’s Cottage Group and the more distant former Matron Dickson Nurses Home in particular. The proposal has been designed in accordance with the DCP guidelines for the protection of the adjacent indigenous landscape.”

 

The HIS recommends that appropriate protective measures be undertaken during the construction phase to ensure no impact on the Little Bay Geological Site and the Northern Bushland Park. 

 

Council’s heritage planner assessed the proposal and finds that it is generally consistent with the Performance Criteria and Controls of the Prince Henry Site Development Control Plan in relation to Built Form and Heritage.  Subject to consent conditions, the proposal is unlikely to impact on the Aboriginal and Historical Archaeological significance of the site.

 

Overall, the proposal is considered reasonable and acceptable in terms of its impact on the heritage significance of the Prince Henry site given that there are no heritage significant items in and around the subject site and given that the subject site and its immediate surrounds have been cleared of built structures and landscape features.

 

The Heritage Council of NSW has provided appropriate conditions in its General Terms of Approval issued for the proposed development on 27 September 2006.

 

10.4.2.3    Sunlight, Privacy and Views

 

The subject site will be bounded by roads on all sides as well as the northern bushland park further to the east and south. Shadow diagrams submitted with the application indicate that at 9am overshadowing will occur onto Walters Drive, a small portion of the bushland park further to the south and part of the adjoining future residential superlot (Lot 18). Internally, the internal driveway between the Northern and Southern Blocks will be largely in shadow in the winter morning, although sunlight penetrates the living areas of the last three dwellings at the western end of, and the easternmost dwelling in, the Southern Block. By 12 noon, all dwellings in the Southern Block will be free of overshadowing from the northern building with overshadowing is largely confined to the internal driveway and to Walters Drive to the southern rear of the Southern Block. By 3:00pm, shadows will extend across Walters Drive and beyond into the eastern section of the bushland park. Internally, the majority of the internal driveway will be in shadow although the majority of dwellings in the Southern Block will retain sunlight access to their living rooms.  As the site is largely bounded by roads, open bushland and vacant allotments, no overshadowing of surrounding residential properties will occur.

 

In relation to the impact of overshadowing over the bushland park, the proposal is considered acceptable as:

 

·          the impact will be minor being confined primarily to the winter afternoon (with no overshadowing during the rest of the winter day) and covering only a small portion of the bushland park.

 

·          the proposal complies with the Randwick LEP and DCP – Prince Henry in that the proposed building will be built within the defined building envelope and comply with the setback, maximum storey and building heights and density controls of these plans. In addition, the proposal provides for a 6m wide buffer (known as the Asset Protection Zone) within the subject site separating the building from the bushland as required under the DCP.

 

·          the predetermined configuration and location of the subject site in the adopted Master Plan/Deemed DCP and DCP – Prince Henry Site to the north and west of the bushland park dictates that some overshadowing of the park from any proposed development in the subject site will be unavoidable. However, the overshadowing created by a largely compliant proposal in this case will be limited to winter afternoons and affect only a small portion of the bushland park.

 

·          appropriate conditions for the protection of the bushland during and after construction will be applied correspondingly.

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter and that solar access to at least 50% of the communal and private open space of adjoining properties must be achieved for at least 3 hours 9am to 3pm midwinter. All dwellings in the proposal will have dual aspect so that most dwelling units within the proposed development will have access to the minimum 3 hours solar access between 9am and 3 pm in mid-winter.

 

The elevations have been treated to modulate solar access by the use of sunshading devices, articulation and overhangs to the western facade with greater areas of glazing on the northern, southern and eastern elevations. Each dwelling will have individual courtyards that will be directly north-facing thus achieving good solar access especially throughout midwinter.

 

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

 

§  The proposal complies fully with the setback requirements of the Prince Henry DCP.

 

§  All dwellings will face relevant street-frontages to Gubbuteh Road and Walters Drive as well as the adjacent bushland park.

 

§  The proposal will have generous separation distances of (min) 11 m to (max) 20m between the proposed Northern and Southern blocks.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP as it complies with the maximum storey and building height and FSR controls of the DCP – Prince Henry Site. Furthermore the proposal, in general, is not considered excessive in height, bulk and scale.

 

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

 

10.4.2.4      Traffic and access

 

The applicant’s traffic report indicates that the proposal is expected to generate approximately 10 vehicles per hour two-way during the morning and afternoon peak periods. The proposal will have a minor increase of 2 dwelling unit over that projected in the Master Plan/Deemed DCP. However, the traffic report advises that the expected traffic generation will be low (equivalent to on average only one vehicle every six minutes) which would not have a significant effect on the operation or amenity of the surrounding road network and its intersection. This assessment is considered reasonable and adequate and the proposal will be acceptable in relation to traffic impacts.

 

10.4.2.5      Ecologically Sustainable Development

 

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

 

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

·        Building materials that provide a balance of external insulation for thermal protection and internal thermal mass for heat absorption.  

·        Use passive design measures including natural cross-ventilation and external shading to achieve maximum thermal comfort.

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

·        Building to be insulated with a minimum R1.0 roof insulation and R1.5 wall insulation as recommended in the BASIX Report

·        Use of high efficiency lighting such as compact fluorescent with dimming control or zoned switching to control light levels.

·        Landscaping designed to require minimal irrigation.

·        Use of best practice water management solutions including AAA rated fixtures and ratings and dual flush WCs.

 

These measures are considered appropriate in achieving ESD objectives.

 

The applicant has also provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements for multi-unit housing showing that the proposed development will achieve a 46% energy saving target which would comply with the 40% saving target under BASIX, and a 41% water saving target which would comply with the 40% water saving requirement under BASIX. Accordingly, the proposal is considered acceptable in terms of energy and water conservation.

 

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

 

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

 

10.4.2.6      Site Remediation

 

A site audit statement (SAS) has been issued for the subject lot, Lot 19, on 9 May 2005, indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council development consent No. 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

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

 

The proposal will increase the availability of housing and promote the objectives of the zone.  The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the broader area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the overall development precinct will have a multi-purpose community centre to be built and provided by Landcom in the future, a future neighbourhood centre in Lots 11 and 13 which will include mixed development (including retail and commercial uses), and a range of passive and recreational open-spaces, all constructed and provided by Landcom.

 

Overall the proposal presents a positive impact within the site and locality.

 

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

 

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

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended. A site audit statement (SAS) has been issued for the subject Lot 19.

 

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

 

The proposal being integrated development was notified and advertised for a period of 30 days between 16 August 2006 and 15 September 2006. No submission was received by Council during this notification/advertising period.

 

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

 

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

 

11        RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

11.1     Outcomes 

 

Outcome 5 : Excellence in urban design – The proposal has a good architectural quality in that it has competently produced a modern and superior design and visual character that will enhance the streetscape in this part of the Prince Henry site in close proximity to Anzac Parade thus contributing to the identified outcome for this thoroughfare.

 

Outcome 11 : A healthy environment – The proposal will promote the principles of environmental sustainable development (including solar access, cross ventilation and energy efficiency), comply with BASIX and occur on land that will be suitable for its intended use as required under SEPP No. 55 - Remediation of Contaminated Land.

 

11.2     Directions and Actions

 

Direction 5a & associated key action : Improved design and sustainability across all development –The proposal will create a good contemporary architectural design for the subject site whilst maintaining the quality of the adjoining bushland and overall coastal setting. The proposal will therefore contribute to the overall pool of well-designed buildings in Randwick City that can be used as references for the development of design guidelines and programmes. 

 

Direction 11a & associated key action: Council is a leader in fostering sustainable practices  -  The proposed development will be 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.

 

12.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13.     CONCLUSION

 

The proposal is permissible with the consent of Council on the subject site and generally complies with the development standards contained in the RLEP with the exception of the minimum landscape area and maximum wall height controls. SEPP No.1 objections to the minimum landscape area and maximum wall height standards have been submitted with the application and considered to be well founded in the circumstances.

 

The proposal complies with all the requirements of the Prince Henry DCP and the DCP – Parking

 

The proposed development has been assessed by the Heritage Council of NSW and General Terms of Approval have been issued for the subject site which will be included as conditions of consent.

 

The proposal will not have a significant impact on surrounding properties, heritage items and bushland areas. The non-compliances with the statutory controls will not exacerbate impacts, subject to compliance with conditions of consent.

 

The application is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 30A(3) and 30A(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to minimum landscaped area and maximum wall height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0573/2006 for the construction of 12 two-storey attached dwellings including car parking, landscaping and associated Torrens title subdivision into 12 lots, at 5-23 Gubbuteh Road, Little Bay, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered DA 02 Issue B, DA 03 Issue B, DA 04 Issue B, DA 05 Issue B, DA 06 Issue B, DA 07 Issue B,  DA 08 Issue B, DA 09 Issue B, and DA 10 Issue B all dated 13 November 2006 and stamped received by Council on 14 November 2006, the draft sub-division plans in 4 sheets prepared by Denny Linker & Co. Surveyor’s Reference 051018 dated/printed 11 July 2006 and stamped received by Council 17 July 2006, the Sustainability Report No S4053 002, Lot 19, Revision A, 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 the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces of the new building are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 17 July 2006.

 

3.       An amended plan showing the provision of suitable roof-ventilation to first floor bathrooms, and variation in the appearance of the doors of garages to those of car parking spaces in the Northern Block, shall be submitted to and approved by the Director - City Planning prior to a Construction Certificate being issued for the development.

 

4.       Details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site and showing a uniform/consistent form/type of fencing for all dwellings shall be submitted to and approved by Director – City Planning prior to a Construction Certificate being issued for the development.

 

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

 

6.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

7.       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.

 

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

 

8.       The applicant shall:

 

a.   Construct concrete vehicular crossings and laybacks at kerb opposite each of the proposed vehicular entrances to the site;

 

b.   Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath, turf and kerb and gutter.

 

All civil works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4).

 

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

 

9.       The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary (for the new driveway, pedestrian entrances, access ramps etc) shall be generally 2.5% above the adjacent top of kerb level along the full site frontages.

 

10.     The design alignment levels (concrete/paved/tiled level) issued by Council shall be indicated on the building plans for the construction certificate.

 

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

 

11.     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.

 

12.     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.

 

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

 

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

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

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

 

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

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

17.     All stormwater run-off naturally draining to Lot 19 must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

18.     Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 19 being discharged through the underground drainage system into the on-site stormwater detention system within Lot 20.

 

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

 

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

 

21.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to the pit stating:

 

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

 

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

 

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

 

c)           Finished site contours at 0.2 metre intervals;

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

e)           Details of any infiltration/absorption systems; and

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

24.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

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

 

25.     The individual waste storage areas shall each be sized to contain a total of 3 bins (1 x 120 litre garbage bin, 1 x 240 litre recycling bin & 1 x 240 litre green waste bin) whilst providing satisfactory access to these bins.

 

26.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

27.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

29.     The applicant shall create suitable rights of carriageway, easements for services, easements for access and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

30.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

31.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

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

 

32.     Detailed landscape drawings and specifications which have been prepared in accordance with the landscaping performance criteria and controls for Precinct P1, as set out in the Prince Henry Site Development Control Plan dated 8 December 2004, shall be submitted to, and be approved by the certifying authority, prior to a construction certificate being issued.  A copy of the approved plan shall be forwarded to Council if Council is not the certifier for the site.

 

The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

                       

Note: All species proposed for the landscaped areas shall be selected from the list of suitable native species provided in Appendix A of the Prince Henry Site Development Control Plan, dated 8 December 2004.

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

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

 

g.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

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

 

i.          Porous paving shall be used in all pathways. Details are to be provided with the construction certificate application.

 

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

 

33.     The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

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

 

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

 

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

 

37.     Any potential direct and indirect impacts shall be actively managed during the construction process, and other relevant threatening processes shall be managed by implementation of the Priorities Action Statement prepared by the Department of Environment and Conservation (December 2006 b), the Site Specific Bushland Management Plan prepared by Manidis Roberts and dated 25 November 2004, and adhering to the relevant design controls in the DCP – Prince Henry.

 

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

 

38.     In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

39.     In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

40.     The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

41.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue a final Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing the final Occupation Certificate.

 

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

 

42.     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.

 

43.     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.

 

44.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

46.     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.

 

47.     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”.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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:

 

53.     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.

 

54.     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.

 

55.     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.

 

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

 

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

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

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

 

57.     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.

 

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

 

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

 

59.     A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)        Prior to construction of the footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and levels of the building.

 

b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

60.     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

62.     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.

 

63.     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.

 

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

 

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

 

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

 

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

 

66.     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.

 

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.

 

67.     A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, 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.

 

68.     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.

 

The following conditions to ensure the archaeological and heritage issues are addressed:

 

69.     Prior to any ground disturbance, further consultation should occur with the La Perouse Aboriginal Land Council (LPALC) to determine whether or not archaeological monitoring is required during the construction phase.

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to meet the requirements of the Heritage Council of NSW:

 

75.     The development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter from the Council dated 17 October 2006.

 

The following condition/s are applied to satisfy the increased demand for public amenities and public services:

 

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

 

a)       for the provision or improvement of open space               $7342.24

b)       for the provision or improvement of community facilities   $3246.56

c)       Administration fee $425.00                                

 

The contribution must be paid in cash or by bank cheque prior to          a construction certificate being issued

 

for the proposed development, together with payment of the required Section 94 Administration Fee of $425.00.  Council’s Section 94 Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

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

 

77.       A Site Audit Statement (SAS)  and Summary Site Audit Report (SSAR) have been issued for this site. The SSAR includes an Unexpected Finds Protocol, which must be complied with.

 

The owner, builder, site workers and the Principal Certifying Authority are to be made aware of this Unexpected Finds Protocol and its requirements prior to any works commencing.

 

78.       Details of any ‘unexpected finds’ including details of any investigation procedures, remedial actions taken and validation must be forwarded to Council accordingly.

 

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

 

ATTACHMENT/S:

 

Nil.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 


 

Director, City Planning Report 100/2006

 

 

SUBJECT:

27 - 37 GUBBUTEH ROAD, LITTLE BAY (LOT 22)

 

 

DATE:

15 November, 2006

FILE NO:

DA/574/2006 & PROP051767

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is Development Assessment Report for Development Application No DA/574/2006 for construction of 6 two storey attached dwellings with associated carparking, landscaping and subdivision into 6 Torrens title allotments.

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

ATTACHMENT/S:

 

Development Application Report dated 7 November 2006.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO  

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 


 

Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

15 November, 2006

FILE NO:

DA/574/2006 & PROP051767

 

PROPOSAL:

Construction of six two storey attached dwellings with associated car parking, landscaping and subdivision into six Torrens Title allotments.

PROPERTY:

27-37 Gubbuteh Road, Little Bay (Lot 22)

WARD:

South Ward

APPLICANT:

Stockland (PHH) Pty Ltd

OWNER:

 Landcom

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council as it is valued at $3,600,000.00.

 

The subject application is for the construction of 6 two storey attached dwellings with associated car parking, landscaping and subdivision of the land into 6 Torrens Title allotments.

 

The subject site is located on the south-western corner of Gubbuteh Road and Newton Street and comprises vacant land in the form of an irregular shaped parcel.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 (RLEP) and generally complies with the development standards contained in the RLEP with the exception of the maximum wall height and minimum landscaped area standards. The maximum wall height and minimum landscaped area applicable to the subject site are 7 metres and 40% respectively. The proposed development has a maximum wall height of 7.3m and a minimum landscaped area of 37.8%. Objections under the provisions of State Environmental Planning Policy No. 1 (SEPP 1) have been submitted in relation to these breaches and are considered to be well founded.

 

The proposed development is considered to be generally consistent with the requirements of the Prince Henry Development Control Plan, except for the non-compliance with the side setbacks. The non-compliance has been assessed and found acceptable as the proposal will not be visually intrusive or bulky and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The proposal is an “integrated development” as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. Accordingly, the application was referred to the Heritage Council of NSW for approval, and notified and advertised for a period of 30 days in accordance with the EP&A Act 1979 (as amended). The Heritage Council has issued its General Terms of Approval for the proposed development which have been incorporated as conditions of consent.  No submissions were received in response to the advertising/notification process.

 

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

 

The proposal was referred to the Design Review Panel for comments in view of its location within the Prince Henry Site. The Panel has found the proposal satisfactory on all the SEPP 65 assessment criteria.

 

The recommendation is for approval subject to conditions.

 

 

2.    THE PROPOSAL

 

The proposal is for the construction of 6 two storey attached dwellings including car parking, landscaping, utility service installation and subdivision of the land into 6 Torrens Title allotments.  

 

The proposed development will contain the following uses:

 

Dwelling No.

No. of Bedroom

No. of Car Space

1

4

2

2

3

2

3

4 + Study

2

4

3

2

5

4+ Study

2

6

3

2

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

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

 

The site that is the subject of the proposal is Lot 22 in DP 270427 and is located in the northern part of the Prince Henry site. The subject site has an area of 1,797m2.

 

The subject site is bounded by Gubbuteh Road to the north, Newtown Street to the east, Millard Drive to the south and Millard Lane to the west. The adjoining land further west is Prince Henry northern bushland park containing Eastern Suburbs Banksia Scrub. 

 

4.    SITE HISTORY

 

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

 

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

 

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

 

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

 

A number of development applications have been approved for proposals in the wider Prince Henry site ranging from the demolition of identified buildings and the decontamination and rehabilitation of land to the erection of buildings for specific social/community bodies and infrastructure, civil and streetscape works.

 

A prelodgement meeting was held in March 2006 (PL/5/2006) to discuss development concepts for the proposed development.

 

5.    COMMUNITY CONSULTATION:

 

5.1     Advertising/Notification

 

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

 

6.    TECHNICAL OFFICERS COMMENTS

 

6.1     Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

Background

The subject site is located within the Botany Bay National Park Conservation Area under Randwick Local Environmental Plan 1998.  The site and a number of the buildings on it were listed on the State Heritage Register in May 2003.  The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site. 

 

The site encompasses Aboriginal, natural, landscape and built heritage values. 

 

The site has been the subject of a pre-lodgement meeting at which concerns were raised in relation to its compliance with the DCP requirements in relation to open space, fencing and safety and security.

 

The Proposal

 

The proposal is for a residential development in the form of a two storey building, with vehicular access from Millard Drive and Millard Lane and rear gardens facing Gubbetah Road

 

Heritage Context

 

The site is in the northern part of the site, adjacent to the Northern Bushland Park, within Precinct P1 as identified in the DCP.  The site is bounded to the north by Gubbetah Road, to the east by Newton Street, to the south by Millard Drive and to the west by Millard Lane and the Northern Bushland Park.

 

The GML Archaeological Management Plan does not identify any Historical Archaeological Items in the vicinity of the subject site and does not place the site within an Archaeological Zone.  The GML Archaeological Management Plan locates the site within the Aboriginal Archaeological Zone of Very High Sensitivity- Zone 1 and the site is close to the Potential Ochre Site. 

 

In terms of Built Heritage, the closest significant elements are the Artisans’ Cottages and the Matron Dixon Building which are some distance to the south east of the site, and not considered to be in the vicinity.  In terms of Landscape Heritage, the site is close to remnant indigenous vegetation which is to be retained, and the site appears to fall within the boundaries of the Little Bay Geological Site Palaeovalley, and is close to the edge of the Cleared Area.  The Policies for New Development contained in the GML CMP have generally been incorporated into the Master Plan and the Development Control Plan for the site. 

 

Approvals

 

As Prince Henry is included on the State Heritage Register (SHR), any development generally needs to be the subject of an Integrated Development Application or a prior application under s60 of the NSW Heritage Act.  As the NSW Heritage Office will be the consent authority for the application, Council cannot issue approval until the Heritage Office has provided conditions of consent.  Site specific exemptions for the Prince Henry site were gazetted in June.  Under the Prince Henry Site Specific Exemptions, development which complies with the identified sections of the Prince Henry DCP and the relevant heritage management plans does not need to be referred to the NSW Heritage Council for approval.  These apply to development outside the Historic Precinct, where the proposal complies with the Height and Setback requirements of the DCP, and where any non-compliance with a number identified sections of the DCP will not result in heritage impacts.  It appears that the proposal does not comply with the DCP height controls and that therefore, the proposal will require Heritage Office consent. 

 

Submission

 

The development application submission includes a Heritage Impact Statement, prepared by Tanner Architects which notes that the site has minor historical significance for its historic associations with the post 1960s phase of the development of the Coast and Prince Henry Hospitals, and has been cleared of built structures and landscape features.  The HIS recommends that appropriate protective measures be undertaken during the construction phase to ensure no impact on the Little Bay Geological Site and the Northern Bushland Park

 

Comments

 

The proposal appears to be generally consistent with the Performance Criteria and Controls of the Prince Henry Site Development Control Plan in relation to Built Form and Heritage.  Subject to consent conditions, the proposal is unlikely to impact on the Aboriginal and Historical Archaeological significance of the site. 

 

In relation to the Palaeovalley Area, the DCP recommends that excavation should not extend below RL 26 unless endorsed by Randwick City Council and the Heritage Office.  The Specific Elements Conservation Policy for the Little Bay Geological Site prepared by Godden Mackay Logan in November 2003 requires that development applications that propose excavation within the Palaeovalley Area should be accompanied by a Heritage Impact Statement that assesses the potential impacts of these works upon the area.  The HIS is to include provisions for monitoring, assessment and possible conservation and /or maintenance of significant geological elements uncovered during the works.  The HIS which has been submitted does not include this information.

 

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

 

6.2     Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of six two storey attached dwellings and associated Torrens title subdivision.

 

This report is based on the following plans and documentation:

 

·    Statement of Environmental Effects by Helen Mulcahy Urban Planning dated July 2006;

·    Geotechnical Report by Douglas Partners dated June 2006;

·    Traffic and Parking Report by Colston Budd Hunt & Kafes dated June 2006;

·    Section 5A Assessment – 7 Part Test by Total Earth Care dated June 2006;

·    Site Survey 051018 by Denny Linker & Co. dated 15 November 2005;

·    Ground Floor Plan 1042-DA 02 Issue A by Order Architects dated July 2006;

·    Elevations and Sections - 1 1042-DA 04 Issue A by Order Architects dated July 2006;

·    Elevations and Sections - 2 1042-DA 05 Issue A by Order Architects dated July 2006;

·    Elevations and Sections - 3 1042-DA 06 Issue A by Order Architects dated July 2006;

·    Landscape Concept Plans 1042-LS01, LS02, LS03 & LS04 Issue A by Order Architects dated July 2006.

 

Bushland Comments

 

Given that an area of protected bushland is located immediately to the west of the subject development site, the applicant was advised at prelodgement stage that a bushland impact assessment report shall be prepared, detailing any protection measures required during the construction phase of the development.

 

Accordingly, a 7 part test has been undertaken in accordance with Section 5A of the Environmental Planning and Assessment Act 1979. The report notes that the site is not likely to impose a significant effect on the ESBS adjacent to the site and that consequently a Species Impact Statement is not required to be prepared. It is noted that a condition has been included in this report requiring the applicant to the implement the PAS and site specific BMP as detailed in the 7 part test report.

 

Landscape Comments

 

There is no existing vegetation at the site due to the extensive remediation works which have been undertaken in accordance with another, separate application, with a concept plan detailing the proposed landscape treatment to be applied, as well as a report relating to the legislative requirements to preserve the remnant area of eastern suburbs banksia scrub (ESBS), identified as the Northern Bushland Remnant, immediately beyond the northern boundary of the site.

 

Drainage Comments

 

Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 22 being discharged through the underground drainage system to the northern storage pond.

 

Traffic Comments

 

Parking provisions: The submitted traffic and parking report notes that 2 parking spaces have been provided for each dwelling in accordance with Council’s DCP – Parking for dwelling houses.

 

Waste Management Comments

 

As advised at prelodgement stage, provision has been made for the storage of 1 x 240 litre recycling bin, 1 x 120 litre garbage bin and 1 x 240 litre green waste bin within the individual lots.

 

The submitted traffic and parking report states that residents will be required to put their bins out onto Gubbetah Road on the day of collection, hence avoiding the issue (previously discussed at the prelodgement stage) of the width of the proposed circulation road not appearing to be adequate to facilitate safe circulation of garbage trucks. It is noted that the Development Engineer does not object to the proposed arrangement.

 

Should the application be approved  conditions shall apply.”

 

6.3     Environmental Health Comments

 

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

 

Environmental Health comments

 

The Proposal / Key Issues

The proposal is for a new dwelling to be located within the Prince Henry development site. This site has been remediated, as required under DA1188/02 (as amended).

 

The subject land is located within an area that has been deemed suitable for its intended use (as required). A Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) have been issued for this land.  The SSAR contains an Unexpected Finds Policy which shall be included as condition on any relevant development consent.

 

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.”

 

6.4     Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter dated 27 September 2006 in accordance with general terms of approval. The general terms of approval have been included as conditions of consent.

 

7.    MASTER PLANNING REQUIREMENTS

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent.

 

Following amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005, master plans are now designated as Deemed Development Control Plans. Accordingly, the master plan for the Prince Henry Site which was adopted on 27 May 2003, is now a Deemed DCP.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1     Randwick Local Environmental Plan 1998

 

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

 

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

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

Clause 40        Excavation and filling of land

Clause 40A     Master plans

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

 

8.2              Relevant State Environmental Planning Policies

 

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

 

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

 

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

 

8.3              Development Control Plans

 

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

 

§  Development Control Plan – Prince Henry Site

§  Development Control Plan – Parking

 

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

 

8.4              Council Policies

 

The following policies also apply to the site:

 

§  Section 94 Contribution Plan

§  Rainwater Tank Policy 2003

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

 

9.    ENVIRONMENTAL ASSESSMENT

 

9.1     Statutory Controls – S79C(1)(a)

 

9.1.1  Section 91 EP&A Act (Integrated Development)

 

Section 91 of the EP&A Act relates to development that requires development consent and one or more other approvals under relevant nominated Acts. The former Prince Henry Hospital site is located within a conservation area, which has been gazetted in the State Heritage Register, so that any development proposal requires the consent of the Heritage Council of NSW. Accordingly, the application was referred to the Council as integrated development. The Heritage Council advised of its approval of the integrated development application in a letter dated 27 September 2006 with its accompanying general terms of approval. The general terms of approval have been included as conditions of consent.

 

9.1.2  Randwick Local Environmental Plan 1998 (RLEP)

 

The following clauses of the RLEP are applicable to the proposal:

 

Clause 21   Sub-division

 

The draft sub-division plans provided are consistent with the architectural plans that will be the subject of approval if granted. The proposed sub-division is consistent with Part 3.0 of the relevant requirements of the Prince Henry DCP. Standard conditions relating to sub-division will be applied should approval be granted.

 

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

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2

2

Yes

Maximum FSR

 

0.75:1

0.61:1

Yes

Maximum Wall Height

7m

Maximum 7.3m

No (SEPP No. 1 Objection submitted)

Maximum Building Height

8m

Maximum 7.4m

Yes

Minimum Landscaped Area (% of site area)

40%

37.8%

No (SEPP No. 1 Objection submitted)

Minimum soft landscaping (% of site area)

20%

25%

Yes

Indicative Housing Type

Multi unit housing and dwelling houses

Attached dwelling houses

Yes

 

These controls are reflected in the Prince Henry DCP and discussion has been included in Section 9.1.3.1 of this report.

 

Clause 40 - Excavation and filling of land

 

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

 

Clause 40A - Master plans

 

A Master Plan for the Prince Henry site, inclusive of the subject site, was adopted in December 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A further revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The Deemed DCP acknowledged the provision of courtyard houses in the subject site. The proposal is consistent with the Deemed DCP with the exception of the number of dwellings and mix of dwelling types. The variation is considered minor and does not create any adverse impact on the amenity or visual quality of the locality.

 

On the 18 October 2005 and May 2006, Council adopted amendments to the Deemed DCP subject to variations. These amendments relate to land in the southern half of the Prince Henry site (i.e. south of Pine Avenue) and, therefore, are not relevant to the subject proposal.

 

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

 

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

 

9.1.2  Relevant State Environmental Planning Policies (SEPPs)

 

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

 

9.1.2.1        State Environmental Planning Policy No. 1 – Development Standards

 

a)      Minimum Landscaped Area

 

The proposed development provides 37.8% of landscaped area, which does not comply with the minimum 40% required under Clause 30A(3) of RLEP. The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards, and has argued that strict compliance with clause 30A (3) of RLEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

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

 

2.       The underlying object or purpose of the standard

 

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

 

To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.

 

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

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 22, for low-medium density residential development, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for residential use (i.e. urban consolidation) in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to provide:

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(i)         The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(ii)        The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the minimum landscaped area control is not inconsistent with the aims of the SEPP No. 1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the overall Prince Henry Master Plan/Deemed DCP and DCP – Prince Henry.

 

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

 

It is considered that a development compliant with the prescribed landscaped area control would be unreasonable and unnecessary on the subject site given that the shortfall in landscaped area occurs primarily as a result of the need to provide for the Asset Protection Zone (i.e. a buffer between new buildings and remnant vegetation in the Northern Bushland Park) to comply with the DCP – Prince Henry Site. In addition, it should be noted that the non-compliant proposal can readily achieve the associated objectives of the standard in that each individual dwelling will provide at least 40% landscaped area which would be sufficient for the provision of landscaping, reduction of urban runoff and provide adequate areas of open space for recreational purposes.

 

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

 

5.       Whether the objection is well founded.

 

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

 

§  Articulated the underlying stated objectives of the standard clearly.

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

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

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

 

-   the proposed non-compliances do not result in any inconsistencies with the objectives of either the 2D Zone in which the site is located or the general objectives for the built and natural environment and amenity, or indeed, the assumed objectives of the wall height and landscaped area development standard;

-   the extent of the non-compliances is relatively minor and does not result in any substantive adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining development;

-   the proposal will provide a high quality contemporary design than is sympathetic to the desired future character of the area; and

-   the scale and nature of the non-compliances addressed in this SEPP 1 Objection do not give rise to matters of state or regional significance, nor do the non-compliances adversely affect the public interest.

 

It is considered that the above SEPP 1 objection is well founded and should be supported considering that the proposed building will not be visually intrusive in the existing coastal and bushland setting and is consistent with the desired future character of the Prince Henry Site as expressed in the Prince Henry Master Plan/Deemed DCP and the DCP – Prince Henry Site.

 

b)      Maximum Wall Height 

 

The maximum wall height applicable to the subject site pursuant to Clause 30A (4) of RLEP is 7 metres and the proposed development has a maximum wall height of 7.3 metres (i.e. western elevation of dwelling no. 1). The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards, and has argued that strict compliance with clause 30A (4) of RLEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

 

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

 

2.       The underlying object or purpose of the standard

 

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

 

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

 

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

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 22, for low-medium density residential development, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP. The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for residential use (i.e. urban consolidation) in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to provide:

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(iii)       The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(iv)       The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the maximum wall height control is not inconsistent with the aims of the SEPP No. 1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the overall Prince Henry Master Plan/Deemed DCP and DCP – Prince Henry Site.

 


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

 

It is considered that a development compliant with the prescribed maximum wall height control would be unreasonable in that the only area of non-compliance is associated with the skillion roof with 4 degrees pitch and is limited to approximately one third the length of the end boundary walls, the remainder of the dwelling complies with the maximum wall height of 7 metres. It is therefore considered that the non-compliance is minor and should not adversely affect the amenity of adjoining or nearby land.

 

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

 

5.       Whether the objection is well founded.

 

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

 

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

 

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

 

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

 

-   the proposed non-compliances do not result in any inconsistencies with the objectives of either the 2D Zone in which the site is located or the general objectives for the built and natural environment and amenity, or indeed, the assumed objectives of the wall height and landscaped area development standard;

-   the extent of the non-compliances is relatively minor and does not result in any substantive adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining development;

-   the proposal will provide a high quality contemporary design than is sympathetic to the desired future character of the area; and

-   the scale and nature of the non-compliances addressed in this SEPP 1 Objection do not give rise to matters of state or regional significance, nor do the non-compliances adversely affect the public interest.

 

It is considered that the above SEPP 1 objection is well founded and should be supported having regard to the localised nature of the breach in the maximum wall height control.

 

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

 

SEPP 19 requires the consent authority to consider the potential impact of the development on and the proposed management of “bushland” within or adjacent to the land. Bushland containing Eastern Suburbs Banksia Scrub is located in the adjoining Lot 21 to the west of the subject site. Whilst the subject land is not zoned or reserved under an environmental planning instrument for open space purposes, the objectives for the protection of the bushland are still relevant. In this regard, it should be noted that the proposal will have some overshadowing impact on the adjoining bushland park in the winter solstice. This impact however will be minor in that the overshadowing occurs primarily in the winter morning (with no overshadowing during the rest of the winter day) and covers a small portion of the bushland park. In addition, the proposal provides for a 6m wide buffer (known as the Asset Protection Zone) within the subject site separating the building from the bushland as required under the DCP. In relation to potential physical impacts, appropriate conditions for the protection of the bushland during and after construction will be applied. Appropriate reference will be made to the Bushland Management Plan Control Document prepared by Manidis Roberts as part of the earlier DA No. 1102/2003 (for Stage 3 - Infrastructure and streetscape works in the Prince Henry site) in the application of these conditions.

 

In addition, the applicant has indicated that non-invasive species will be used throughout the landscape treatment of the proposed development particularly where it interfaces with the bushland remnant. A condition will be applied accordingly should approval be granted for the proposal.

 

9.1.3  Development Control Plans

 

9.1.3.1        Development Control Plan - Prince Henry Site

 

The proposal has been assessed in relation to the Development Control Plan for Prince Henry Site.  The DCP provides a framework for the redevelopment of the Prince Henry site containing performance criteria and controls to guide built form, provide environmental and amenity standards, and give appropriate heritage protection for the site both on a precinct-by-precinct basis as well as a general overview.

 

The subject site is located within Precinct P1 of the DCP. The proposal complies with all the applicable precinct-specific controls with the exception of landscaping and maximum wall height. In addition, the proposal generally complies with the range of performance criteria for five key elements of the DCP and the non-compliance with these performance criteria are discussed below:

 

Millard Drive Setback

 

The DCP specifies a 2 metre setback from Millard Drive is required. The majority of the dwellings comply with this requirement except parts of the garage walls to dwelling Nos. 3, 5 and 6 and a section of southern wall of Dwelling 6 at ground and first floor levels. It is considered that the non-compliance is minor and should not result in any significant impacts on the amenity of the adjoining properties and the character of the area.

 

9.1.3.2        Development Control Plan - Parking

 

The proposal will provide two car parking spaces per dwelling which complies with the numerical requirements of the DCP – Parking (2 spaces per dwelling house with 3 or more bedrooms).

 

9.1.4    Council Policies

 

9.1.4.1 Section 94 Contributions Plan

Section 94 contributions are not payable for developments that meet the Deemed DCP requirements as the open space and community facility provisions in the Deemed DCP were designed to meet the requirements of the projected number of residents established in the Deemed DCP.

 

The Deemed DCP projected 15 dwelling units for a combined area comprising the subject site (being Lot 22) and the adjoining Lot 4 with the following breakdown:

 

·    5 x  2 Bedrooms dwellings

·    10 x  3 Bedrooms dwellings

 

In contrast, a total of 16 dwelling units will be provided for the combined Lot 22 (ie., the subject site under the current subject DA) and Lot 4 (under a separate DA No. 873/2006, currently being assessed for Lot 4) comprising the following:

 

·    6 x 3 bedroom dwellings in Lot 22

·    10 x 3 bedroom dwellings in Lot 4

 

In view of the excess dwelling unit proposed, and the variation in the overall type and size of dwelling units proposed, a contribution is chargeable under Section 94 and a condition will be applied accordingly should approval be granted.

 

9.1.4.2        Rainwater Tanks Policy 2003

 

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

 

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

 

9.2.1  Natural Environmental Impacts

 

An area of bushland containing Eastern Suburbs Banksia Scrub is located in the adjoining Lot 21 to the west of the subject site. As indicated in Section below, the proposal will have some overshadowing impact on the adjoining bushland park in the winter solstice. However, this impact is considered minor in that the overshadowing occurs primarily in the winter morning (with no overshadowing during the rest of the winter day) and covers a small portion of the bushland park. In addition, the proposal provides for a 6m wide buffer (known as the Asset Protection Zone) within the subject site separating the building from the bushland as required under the DCP.

 

It should also be noted that the predetermined configuration and location of the subject site in the adopted Master Plan/Deemed DCP and DCP – Prince Henry Site to the north and east of the bushland park dictates that some overshadowing of the park from any proposed development in the subject site will be unavoidable. However, as discussed above, the overshadowing created in this case by a largely compliant proposal will be limited to winter mornings and affect only a small portion of the Bushland Park. Accordingly, the proposal is considered reasonable and acceptable in relation to environmental impacts on the bushland. Moreover, appropriate conditions for the protection of the bushland during and after construction will be applied correspondingly.

 

9.2.2    Built Environment Impacts

 

9.2.2.1 Urban Design

 

The proposal was referred to the Design Review Panel for comments in view of its location within the Prince Henry site. The Panel has found the proposal satisfactory on all the SEPP 65 assessment criteria with the Panel’s comments listed (in italics) below (followed by Council’s comments wherever necessary):

 

1.       Relationship to the Context of the Proposal

 

The proposal appears to be consistent with the master plan for the Prince Henry site at Little Bay and to be consistent with the character of development being sought in that plan.

 

2.       The Scale of the Proposal

 

The bold use of verandas has enhanced the presence that these buildings will have within the very large Prince Henry site.  They have a very appropriate scale.

 

3.       The Built Form of the Proposal

 

The buildings are well sited on awkward shaped sites in a way that will enhance Gubbuteh Road and provide good amenity for their residents.  The proposed car court in the centre of the Lot 19 site is appropriate to this physical and social setting and a skilful reinterpretation of an old tradition. 

 

4.       The Proposed Density

 

Satisfactory and consistent with the DCP.

 

6.       Resource and Energy Use and Water Efficiency

 

The orientation of all townhouses is good and sensible measures have been taken to provide solar control.  All townhouses will enjoy good cross ventilation.

 

It was not clear from the material presented how the fenestration would work.  It is the Panels view that it is important for windows to be of a type that allows areas to be opened at night with out loss of security.  It would appear possible for first floor bathrooms to be roof ventilated.

 

With appropriate drainage design and selection of paving materials it should be possible to retain most, if not all, rainwater runoff on site.

 

Comment: A condition will be applied requiring the provision of suitable roof-ventilation to first floor bathrooms should approval be granted. In relation to run-off, while the retention of all rainwater on-site is commendable, stormwater from the site will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs as required under the total water cycle strategy of the DCP – Prince Henry Site.   

 

7.       The Proposed Landscape

 

The development will rely upon the landscape treatment proposed to realize its potential.  The proposed design appears to provide the privacy and summer shade required.  It will be in the interest of the developer and the residents to provide and maintain it.  Important tree locations should be preserved by placing them where possible on common title.

 

8.       The Amenity of the Proposal for its Users

 

It is the Panel’s view that the proposal will provide a very high level of amenity for its residents. The planning is clear and simple.

 

9.       The Safety and Security Characteristics of the Proposal

 

The design allows for good passive surveillance of the adjacent street and lane.

 

10.     Social issues

 

The proposal provides a useful addition to the range of housing types that will be available on the Prince Henry Site.

 

11.     The Aesthetics of the Proposal

 

The Panel considers that this bold simple design, which relies for its aesthetic on functional elements, will be a distinguished addition to the Prince Henry development.

 

It was however suggested that the street fencing should not be varied in the manner proposed, with the fence type changing across one townhouse frontage, and that probably only one spear fence type would be required.  Doors to the garage and the parking space could vary so as to avoid the appearance of a double garage.  Variation along the street would be provided by different plantings in each allotment.

 

Comments: A condition will be applied requiring details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site should approval be granted. A condition will also be applied requiring variation in the appearance of the doors to the garage and parking spaces in the Northern Block.

 

SUMMARY AND RECOMMENDATIONS

 

The strategy of placing the cars in a shared internal court creates genuine benefit for the street by relieving it of blank double garage doors. The scale form and skill of the architect is evident in the perspectives.

 

The Panel congratulates the designers and commends the proposal to the Council.

 

9.2.2.2 Sunlight, Privacy and Views

 

The subject site will be bounded by roads on all sides as well as the northern bushland park further to the west. Shadow diagrams submitted with the application indicate that at 9am overshadowing will occur onto Millard Drive and a small portion of the bushland park and part of the adjoining future residential lot (Lot 7). By 12 noon, shadow will be cast onto Millard Drive and part of Lot 7. By 3:00pm, shadows will extend across Millard Drive and beyond into part of Lot 7. As the site is largely bounded by roads, open bushland and vacant allotments, no overshadowing of surrounding residential properties will occur.

 

In relation to the impact of overshadowing over the bushland park, the proposal is considered acceptable as:

 

·          the impact will be minor being confined primarily to the winter morning (with no overshadowing during the rest of the winter day) and covering only a small portion of the bushland park.

 

·          the predetermined configuration and location of the subject site in the adopted Master Plan/Deemed DCP and DCP – Prince Henry Site to the north and west of the bushland park dictates that some overshadowing of the park from any proposed development in the subject site will be unavoidable. However, the overshadowing created by a largely compliant proposal in this case will be limited to winter mornings and affect only a small portion of the bushland park.

 

·          appropriate conditions for the protection of the bushland during and after construction will be applied correspondingly.

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter and that solar access to at least 50% of the communal and private open space of adjoining properties must be achieved for at least 3 hours 9am to 3pm midwinter. All dwellings in the proposal will have dual aspect so that most dwelling units within the proposed development will have access to the minimum 3 hours solar access between 9am and 3 pm in mid-winter.

 

The elevations have been treated to modulate solar access by the use of sun shading devices, articulation and overhangs to the western facade with greater areas of glazing on the northern, southern and eastern elevations. Each dwelling will have individual courtyards that will be directly north-facing thus achieving good solar access especially throughout midwinter.

 

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

 

§  visual privacy for upper level is achieved through the use of various architectural devices including external louvres and highlight windows.

 

§  All dwellings will face relevant street-frontages to Gabbuteh Road, Newton Street and Millard Drive as well as the adjacent bushland park.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP as it complies with the maximum storey and building height and FSR controls of the DCP – Prince Henry Site. Furthermore the proposal, in general, is not considered excessive in height, bulk and scale.

 

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

 

9.2.2.3 Traffic and Access

 

The applicant’s traffic report indicates that the proposal is expected to generate approximately 5 vehicles per hour two-way during the morning and afternoon peak periods. The proposal will have a minor increase of one dwelling over that projected in the Master Plan/Deemed DCP. However, the traffic report advises that the expected traffic generation will be low (equivalent to on average only one vehicle every six minutes) which would not have a significant effect on the operation or amenity of the surrounding road network and its intersection. This assessment is considered reasonable and adequate and the proposal will be acceptable in relation to traffic impacts.

 

9.2.2.4 Ecologically Sustainable Development

 

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

 

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

§ Building materials that provide a balance of external insulation for thermal protection and internal thermal mass for heat absorption.  

§ Use passive design measures including natural cross-ventilation and external shading to achieve maximum thermal comfort.

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

§ Building to be insulated with a minimum R1.0 roof insulation and R1.5 wall insulation as recommended in the BASIX Report

§ Use of high efficiency lighting such as compact fluorescent with dimming control or zoned switching to control light levels.

§ Landscaping designed to require minimal irrigation.

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

 

These measures are considered appropriate in achieving ESD objectives.

 

The applicant has also provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements for dwelling house showing that the proposed development will achieve a 42% energy saving target which would comply with the 40% saving target under BASIX, and a 40% water saving target which would comply with the 40% water saving requirement under BASIX. In addition, the proposal has also passed the target for thermal comfort. Accordingly, the proposal is considered acceptable in terms of energy and water conservation.

 

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

 

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

 

9.2.2.5 Site Remediation

 

A site audit statement (SAS) has been issued for the subject lot, Lot 19, on 9 May 2005, indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council development consent No. 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

9.2.3  Social and Economic Impacts

 

The proposal will increase the availability of housing and promote the objectives of the zone.  The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the broader area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the overall development precinct will have a multi-purpose community centre to be built and provided by Landcom in the future, a future neighbourhood centre in Lots 11 and 13 which will include mixed development (including retail and commercial uses), and a range of passive and recreational open-spaces, all constructed and provided by Landcom.

 

Overall the proposal presents a positive impact within the site and locality.

 

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

 

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

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended. A site audit statement (SAS) has been issued for the subject Lot 22.

 

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

 

The proposal being integrated development was notified and advertised for a period of 30 days in accordance with the Development Control Plan for Public Notification. No submission was received by Council during this notification/advertising period.

 

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

 

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

 

10.  RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

10.1     Outcomes 

 

Outcome 5 : Excellence in urban design – The proposal has a good architectural quality in that it has competently produced a modern and superior design and visual character that will enhance the streetscape in this part of the Prince Henry site in close proximity to Anzac Parade thus contributing to the identified outcome for this thoroughfare.

 

Outcome 11 : A healthy environment – The proposal will promote the principles of environmental sustainable development (including solar access, cross ventilation and energy efficiency), comply with BASIX and occur on land that will be suitable for its intended use as required under SEPP No. 55 - Remediation of Contaminated Land.

 

10.2     Directions and Actions

 

Direction 5a & associated key action: Improved design and sustainability across all development – The proposal will create a good contemporary architectural design for the subject site whilst maintaining the quality of the adjoining bushland and overall coastal setting. The proposal will therefore contribute to the overall pool of well-designed buildings in Randwick City that can be used as references for the development of design guidelines and programmes. 

 

Direction 11a & associated key action: Council is a leader in fostering sustainable practices  -  The proposed development will be 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 permissible with the consent of Council on the subject site and generally complies with the development standards contained in the RLEP with the exception of the requirement for maximum wall height and minimum landscaped area. A SEPP No. 1 objection to address the breach of the wall height and landscaped area standards has been submitted with the application and considered to be well founded in the circumstances.

 

The proposal generally complies with the relevant requirements of the Prince Henry DCP and DCP – Parking with the exception of 2m setback from Millard Drive. Whist the proposal does not meet the numerical requirement of the Prince Henry DCP, it has been demonstrated in this report that the variation is minor and the relevant objectives have been satisfied.

 

The proposed development has been assessed by the Heritage Council of NSW and the General Terms of Approval was issued. 

 

The proposal is generally consistent with the deemed DCP with the exception of the number of dwellings and mix of dwelling types. These variations have been assessed in terms of this development individually and in terms of the cumulative impact across the site and have been found to be acceptable. 

 

The proposal was referred to the Design Review Panel for comments in view of its location within the Prince Henry Site. The Panel has found the proposal satisfactory on all the SEPP 65 assessment criteria.

 

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

 

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

 

 

 

 

RECOMMENDATION:

 

A.      THAT Council support the objection under State Environmental Planning No. 1 (SEPP No. 1) in respect to non-compliance with Clauses 30A(3) and 30A(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to minimum landscaped area and maximum wall height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

AND

 

B.      THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. D/0573/2006 for the construction of 12  two-storey attached dwellings including car parking, landscaping and associated Torrens title subdivision into 12 lots, at 5-23 Gubbuteh Road, Little Bay, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the amended plans numbered 1042-DA01 to 1042-DA06, Issue B, dated 13 November 2006 and received by Council on 14 November 2006, the draft sub-division plans in four sheets prepared by Denny Linker & Co. Surveyor’s Reference 051018 dated/printed 11 July 2006 and stamped received by Council 17 July 2006, the Sustainability Report No. S4053 002, Lot 22, Revision A, 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 the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces of the new building are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 17 June 2006.

 

3.       An amended plan showing the provision of suitable roof-ventilation to first floor bathrooms, and variation in the appearance of the doors of garages/car spaces fronting Millard Drive and Millard Lane, shall be submitted to and approved by Council’s Director - City Planning prior to a Construction Certificate being issued for the development.

 

4.       Details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site and showing a uniform/consistent form/type of fencing for all dwellings shall be submitted to and approved by Council’s Director - City Planning  prior to a Construction Certificate being issued for the development.

 

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

 

6.       The fence on the street alignment is to be a maximum height of 1200mm, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

7.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

8.       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.

 

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

 

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

           

In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

11.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

12.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of paving or the like on the ground) without the written consent of Council.

 

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.

 

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

 

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

 

a)       for the provision or improvement of open space               $3,713.80

b)       for the provision or improvement of community facilities   $1,642.20

c)       Administration fee $425.00                                                         $425.00

 

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

 

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

 

15.     The applicant shall create suitable rights of carriageway, easements for services, easements for access and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

16.     All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

17.     The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

The following conditions are applied to maintain the heritage significance and amenity of the premises and locality:

 

Geological Heritage

 

18.       Any work program for excavation within the Palaeovalley Area should include a detailed Work Method Statement that ensures that:

 

·             There is a clearly defined level of responsibility for both contractors and their named supervisors that ensures that excavation in the Palaeovalley Area does not go below RL 26 unless specifically approved;

·             Excavation does not adversely impact on the heritage values of the Palaeolvalley Area; and

·             Uncovered significant geological information or specimens are appropriately investigated, recorded and saved.

 

19.       Access to the site should be made available to qualified researchers during excavation within the Palaeovalley Area.  (This should include Dr JW Pickett, Department of Mineral resources, and Dr H Martin, UNSW, as well as others who may be nominated by the NSW Geological Heritage Committee of the Geological Society of Australia).

 

20.       Significant test drilling within the Palaeovalley Area should be recorded on a list.  This list, together with corresponding drill logs, should be provided to Londonderry Core Library of the Department of Mineral resources along with any cuttings or core requested by the Core Library.

 

Aboriginal Archaeology

 

21.       Prior to any ground disturbance, further consultation should occur with the La Perouse Aboriginal Land Council (LPALC) to determine whether or not archaeological monitoring is required during the construction phase.

 

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

 

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

 

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

 

Historical Archaeology

 

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

 

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

 

The following conditions are applied to meet the requirements of the Heritage Council of NSW:

 

27.       The development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter from the Council dated 27 September 2006.

 

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

 

28.       In accordance with Section 80A (11) of the Environmental Planning and Assessment Act 1979 and Clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition that all of the required commitments listed in the relevant BASIX Certificate for this development are fulfilled.

 

29.       In accordance with the provisions of the Environmental Planning & Assessment Regulation 2000, a relevant BASIX Certificate and associated documentation must be submitted to the Certifying Authority with the Construction Certificate application for this development.

 

The required commitments listed and identified in the BASIX Certificate are to be included on the plans, specifications and associated documentation for the proposed development, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

30.       The following provisions are to be implemented in accordance with the relevant BASIX Certificate and details are to be included in the Construction Certificate documentation (as applicable), to the satisfaction of the Certifying Authority:

 

·           Stormwater management (i.e. rainwater tanks)

·           Water efficiency (i.e. triple A rated taps and showers, dual flush toilets and water re-use)

·           Landscaping provisions

·           Thermal comfort (i.e. construction materials, glazing and insulation)

·           Energy efficiency (i.e. cooling & heating provisions and hot water systems)

 

31.       In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue a final Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing the final Occupation Certificate.

 

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

 

32.       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.

 

33.       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.

 

34.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

36.       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.

 

37.       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”.

 

38.       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.

 

39.       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.

 

40.       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.

 

41.       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.

 

42.       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:

 

43.       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.

 

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 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.

 

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

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

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

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

 

47.       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.

 

48.       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.

 

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

 

49.       A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)        Prior to construction of the footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and levels of the building.

 

b)        On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

50.       Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

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

 

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

 

52.       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.

 

53.       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.

 

 

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

 

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

 

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

 

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

 

56.       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.

 

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.

 

57.       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.

 

58.       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.

 

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

 

59.       A Site Audit Statement (SAS)  and Summary Site Audit Report (SSAR) have been issued for this site. The SSAR includes an Unexpected Finds Protocol, which must be complied with.

 

The owner, builder, site workers and the Principal Certifying Authority are to be made aware of this Unexpected Finds Protocol and its requirements prior to any works commencing.

 

60.       Details of any ‘unexpected finds’ including details of any investigation procedures, remedial actions taken and validation must be forwarded to Council accordingly.

 

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

 

Traffic Conditions/Civil Works Conditions

 

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

 

62.       The applicant shall:

 

a.          Construct concrete vehicular crossings and laybacks at kerb opposite each of the proposed vehicular entrances to the site;

 

b.         Remove any redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath, turf and kerb and gutter.

 

All civil works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4).

 

Alignment Level Conditions

 

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

 

63.       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:

 

·        Millard Drive: 2.5% above the adjacent top of kerb level along the full site frontage in Millard Drive.

 

·        Gubbuteh Road: Match the back of the concrete footpath along the full site frontage.

 

·        Newton Street: Match the back of the concrete footpath along the full site frontage.

 

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

 

Service Authority Conditions

 

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

 

65.       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.

 

66.       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.

 

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

 

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

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

Drainage Conditions

 

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

 

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

 

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

 

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

 

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

 

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

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

71.       All stormwater run-off naturally draining to Lot 22 must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

72.       Stormwater runoff from Lot 22 shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 22 being discharged through the underground drainage system to the northern storage pond.

 

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

 

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

 

75.       Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

a.   within the site at or near the street boundary prior to stormwater discharging from the site; and

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    A sign adjacent to the pit stating:

 

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

 

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

 

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

 

a.          Finished site contours at 0.2 metre intervals;

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

c.          Details of any infiltration/absorption systems; and

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

 

78.       Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

Waste Management Conditions

 

 

 

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

 

79.       The individual waste storage areas shall each be sized to contain a total of 3 bins (1 x 120 litre garbage bin, 1 x 240 litre recycling bin & 1 x 240 litre green waste bin) whilst providing satisfactory access to these bins.

 

80.       The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

81.       The waste storage areas shall be clearly signposted.

 

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

 

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

 

Subdivision Conditions

 

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

 

83.       The applicant shall create suitable rights of carriageway, easements for services, easements for access and internal stormwater lines, as required. The applicant shall be advised that the minimum easement width for any internal stormwater line is 0.9 metres.

 

84.       All conditions of development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the subdivision plans.

 

85.       The applicant shall provide Council with a survey plan of the property prior to endorsement of the subdivision plans.

 

Landscape Conditions

 

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

 

86.       Detailed landscape drawings and specifications which have been prepared in accordance with the landscaping performance criteria and controls for Precinct P1, as set out in the Prince Henry Site Development Control Plan dated 8 December 2004, shall be submitted to, and be approved by the certifying authority, prior to a construction certificate being issued.  A copy of the approved plan shall be forwarded to Council if Council is not the certifier for the site.

           

The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

                       

Note: All species proposed for the landscaped areas shall be selected from the list of suitable native species provided in Appendix A of the Prince Henry Site Development Control Plan, dated 8 December 2004.

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

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

 

g.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

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

 

i.          Porous paving shall be used in all pathways. Details are to be provided with the construction certificate application.

 

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

 

87.       The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

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

 

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

 

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

 

90.       The applicant shall manage all direct and indirect impacts to the adjacent Eastern Suburbs Banksia Scrub during the construction process and other relevant threatening processes through implementation of the Priorities Action Statement (PAS) and the site specific Bushland Management Plan (BMP) as detailed in the submitted ‘7 Part Test’ by Total Earth Care Pty Ltd dated June 2006.

 

ADVISORY MATTERS:

 

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

 

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

 

 

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


 

Director, City Planning Report 101/2006

 

 

 

SUBJECT:

1-13 FRIENDSHIP ROAD, PORT BOTANY PORT BOTANY (MOLINEUX POINT – LOT 23)

 

 

DATE:

17 November, 2006

FILE NO:

DA/861/2006 & PROP048358

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Assessment Report for Development Application No DA/861/2006 for construction of new warehouse and office space, provision of car parking, construction of a café and a hardstand area, construction of a container wash bay, new site access and gatehouse, and business identification signage.

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

ATTACHMENT/S:

 

Development Application Report dated 14 November 2006.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

17 November, 2006

FILE NO:

DA/861/2006 & PROP048358

 

PROPOSAL:

 Construction of a container depot comprising of a new warehouse and office space, provision of car parking, cafe and hardstand area, container wash bay, new site access and gatehouse, and business identification signage

PROPERTY:

 1 - 13 Friendship Road, PORT BOTANY (Molineux Point - Lot 23)

WARD:

 South Ward

APPLICANT:

 Walker Corporation.

OWNER:

Sydney Ports Corporation

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $5.5 Million.

 

The proposal is for the construction of a container depot comprising of a new warehouse and office space, provision of car parking, cafe and hardstand area, container wash bay, new site access and gatehouse, and business identification signage.

 

The subject site was the subject of a Master Plan, which was adopted on 23 October 2002, and is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005. The proposal is consistent with the provisions of the adopted Master Plan/Deemed DCP.

 

The proposal is permissible in the Industrial 4B zone under the Randwick Local Environmental Plan 1998 with Council's consent, and complies with all the relevant statutory controls contained in the Randwick LEP 1998.

 

The proposal complies with the carparking requirements of the DCP – Parking in relation to the proposed warehouse, office and café use.

 

The subject site is located a significant distance from residential properties and will therefore have minimal amenity impacts on existing residential development. Potential noise impacts from the operations of the proposed facility have been addressed in a noise impact statement, which has been found to be acceptable subject to conditions.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposed container depot will comprise the following facilities:

 

·    A new 5,500m2 warehouse and office space (comprising 500m2 mezzanine and 100 m2 reception)  

·    Car parking comprising 55 car spaces distributed in two parking areas – 30 carspaces in the northern carpark for the office component and the café and 25 car spaces in the western carpark

·    A 200 m2 café with adjoining outdoor seating area

·    Hardstand area 8,800 m2 in size for storage of containers including refrigerated containers. This area will be designed to accommodate the movement of container handling vehicles. The area will also be integrated with the existing hardstand constructed as part of the existing warehouse development approved under the DA consent area for the existing development. 

·    Container washes bay facility to the south of the proposed warehouse building to meet Federal Government quarantine requirements.

·    New site access driveway and gatehouse along the eastern boundary of the site, adjacent to the Prince of Wales Drive retaining wall to provide access to and from Simblist Road. This new access driveway and gatehouse will serve both the proposed container depot and the larger existing approved container depot facility. The existing access and gatehouse along the eastern boundary will be closed although the existing gates will be retained to ensure access to Fishburn Road in the event of an emergency.

·    Business identification signage, 9m x 3m, to be mounted on the north elevation of the proposed warehouse.

·    A free-standing business identification sign located at the proposed entry to the subject site comprising an existing Sydney Port Corporation site identification sign that will be relocated from its current position on the corner of Friendship Road and Simblist Road.

 

The application also seeks consent for a 24-hour operating period on site involving the following operations:

 

§ The unloading or unpacking (or both) of shipping containers for delivery to individual consignees.

 

§ The consolidation of goods from different consignors into full shipping container loads for despatch.

 

The applicant advises that the warehouse will be purpose built for the operations of a designated operator, Austate Pty Limited, handling a variety of import and export products to be unpacked and stored with the majority of these being particle board and copper materials.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the Molineux Point peninsula at Port Botany, and is situated to the south of Simblist Road close to the corner of Friendship Road and Simblist Road and west of Prince of Wales Drive. It forms part of an overall container depot facility approved under a Master Plan adopted on 23 October 2001 and a subsequent development consent granted for DA No. 994/2002. 

 

The subject site comprises two lots, a larger main lot being Lot 23 in DP 1045324 with an area of 9.14 ha (a portion of which will contain the proposed warehouse/container handling facility) and a smaller lot, Lot 22 in DP 1045324 with an area of 1.09 (a portion of which will contain the proposed western carpark).

 

The subject site is currently vacant reclaimed land and is predominantly level.

 

The site is bounded to the west by Friendship Road, and the existing Vopak terminals beyond; to the north by Simblist Road, and the Hydrocarbon Storage Terminal beyond; to the east by Prince of Wales Drive and Yarra Bay beyond; and to the south by the existing Molineux Point container depot facility approved under the Master Plan/Deemed DCP adopted on 23 October 2001 and a subsequent development consent granted for DA No. 994/2002. 

 

The locality predominantly is characterised by port-related industrial uses, namely, container handling, oil tanking, chemical storage and handling, gas storage and container handling, concentrated in the section of Port Botany south of Brotherson Dock.

 

 

 

4.         SITE HISTORY

 

4.1       Application History

 

A Master Plan for a container storage and handling facility in Molineux Point was adopted on 23 October 2001. A development application (DA No. 994/2002) was subsequently approved for the development of the facility comprising essentially a new trade and transport terminal comprising 6 warehouses, 2 areas for import and export containers, offices and amenities, associated carparking, internal roads and landscaping.

 

The approved development was subsequently amended under the following Section 96 modifications:

 

·    Section 96 - alter Condition No.35 to coincide with RTA requirements following a review of traffic modelling – Approved 7 April 2003.

·    S96 1A changes to warehouses 5 and 6 and realign front entry gate provide container stack zone and other minor changes – Approved on 8 December 2003.

·    S96 application to change Condition 1 and alter layout of warehouses and container storage area including design changes – Approved on 8 December 2003 (It should be noted that the approval for this Section 96 included the deletion of one warehouse from the original approval of 6 warehouses and the replacement of this warehouse with an open container storage area.) 

 

4.2       History of site usage

 

The subject site is reclaimed land consisting of hydraulic fill from the Botany Bay seabed undertaken in the late 1970’s. In 1999 and 2000, the site was further filled with sandstone base material obtained from the nearby Elgas cavern site.

 

5.         COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised for a period of 14 days between 9 October 2006 and 25 October 2006 in accordance with the DCP – Public Notification of Development Proposals and Council Plans. No submissions were received.

 

6.         TECHNICAL OFFICERS’ COMMENTS

 

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

 

No objections in relation to matters are raised subject to conditions should approval be granted.

 

6.1     Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

 

 

 

“An application has been received for the construction of a new warehouse and office space, a cafe and a hardstand area, a container wash bay, new site access and gatehouse, car parking facilities and business identification signage.

 

This report is based on the following plans and documentation:

·    Statement of Environmental Effects by Walker Corporation Pty Limited dated October 2006;

·    Assessment of Traffic, Transport and Parking Implications (Ref 06254) by Transport and Traffic Planning Associates dated September 2006 (Note: The traffic consultant has submitted a revised Section 5. This revised section (copy attached) supersedes section 5 in the original report);

·    Site Plan AT-B-DA-002 Issue C by Walker Corporation dated 15 September 2006;

 

Drainage Comments

All stormwater runoff from the site shall be taken through pollutant traps capable of removing gross pollutants, oil, grease, sediments and silts, prior to being discharged from the site.

 

The container wash down bay and any other potential pollution sources shall be graded and drained to the sewer to the requirements of Sydney Water. This may necessitate the areas being covered.

 

The submitted stormwater drainage plan (No. 24543 Drawing C03, by Buckton Lysenko dated 28.09.06) shows stormwater runoff from the site being discharged in a westerly direction to the existing drainage system through Lot 6 in DP 1053768. This drainage system discharges directly into Botany Bay.

 

The applicant has forwarded an email from Sydney Ports (landowner of Lot 6 in DP 1053768) confirming that they do not object to stormwater from the subject site being discharged from the subject site through Lot 6 in DP 1053768 (copy attached). Given that Sydney Ports do not object to the proposal, the proposed method of stormwater discharge is considered appropriate.

 

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

 

Traffic Comments

Vehicular Access - Any new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

It is noted that the submitted ‘Assessment of Traffic, Transport and Parking Implications’ states that the proposed development is adopting suitable vehicle access arrangements.

 

Parking provisions – Council’s DCP – Parking specifies a total of 41 spaces for the proposed development (based on 1 space per 300m2 for warehouses, 1 space per 40m2 for offices and 1 space per 40m2 for the first 80m2 then 1 space per 20m2 thereafter). It is noted that the submitted plans show the provision of 55 car spaces, demonstrating compliance with this requirement.

 

Further, the submitted ‘Assessment of Traffic, Transport and Parking Implications’ notes that the proposed development will accommodate a suitable amount of parking.

 

Traffic Generation – The submitted documentation notes that the proposal incorporates the construction of a 5,500m2 warehouse with five loading docks suitable for by use by 19 semi-trailers. It is noted that this is an additional warehouse to the five existing warehouses and container storage facility approved in DA 994/2002.

 

The submitted ‘Assessment of Traffic, Transport and Parking Implications’ by Transport and Traffic Planning Associates notes that based on the RTA Guide to Traffic Generating Developments, the proposed warehouse will generate about 28 vehicle trips per hour in the morning an afternoon peaks.

 

Further the report indicates that the majority of truck movements associated with the entire site are occurring at present and the proposed facility will only result in a small increase. According to the report the existing site activities involve approximately 250 trucks per day and it is not anticipated that this figure will increase significantly as a result of the new warehouse and container storage area.

 

The Traffic Report submitted with the Master Plan for the development site (RZ/3/2001) analysed the traffic generation associated with a theoretical scenario of the southern port area traffic growing by 25% in 10 years (above the 3,400 truck movements per day generated at the time the master plan was assessed). It was found that no capacity problems would be created on the surrounding road network by such an increase.

 

Given the above, the submitted ‘Assessment of Traffic, Transport and Parking Implications’ concludes that the proposed development will not present any adverse traffic implications.

 

RTA Referral Comments

Following referral of the application to the RTA for comment, the following response was received:

 

The traffic generated by this development is in accordance with the master plan for the area and as such the RTA has no objection to the proposal.

 

In order that future traffic conditions are maintained in the area, the proposed future roundabout at the intersection of Simblist Road and Bumborah Road will require installation around 2015, (Section 3.4 of the Traffic Report).

 

It is noted that the site is only designed for 19m semi trailers. If in future B-Double access is required an assessment of their turning paths is needed to design appropriate improvements to the truck access.

 

Access to and the design of the carpark is to be in accordance with AS2890.1.

 

 

In accordance with the provision of SEPP 11 Schedule 2, the recommendations of the Traffic/Development Advisory Committee should be considered.

 

(It is noted that the application does not fall under the consideration of Schedule 2, nonetheless the application was referred to the Traffic Management Group for comment).

 

Appropriate conditions have been included in this report in regard to the above comments made by the RTA.

 

Comments from the Transport Management Group

 

The following comments were received from the Transport Management Group:

 

The subject premises are within the Molineaux Point Master Plan site.  The development site is currently being used as a warehouse by Austate Logistics for packing and unpacking of containers.

 

The current operation includes five existing warehouses and the submitted proposal seeks approval for the erection of an additional warehouse on the site.  It is understood that the approved Master Plan incorporated this additional warehouse facility.

 

Additional information received in support of the submitted State of Environmental Effects indicates that the existing facility generates approximately 250 trucks per day.  It has also been stated that the majority of truck movements associated with the entire site are occurring at present and the proposed additional facility will only result in a small increase. Based on this information, it is considered that such a traffic generation will not have any adverse impact on the surrounding road network.  In particular, the intersection of Bumborah Point Road and Botany Road will continue to operate satisfactorily.

 

It should be noted that a previous traffic study by Mason Wilson Twiney concluded that the southern port area is capable of absorbing a 25% increase in traffic generation without creating any capacity problems on the surrounding road network. 

 

The submitted information indicates that the traffic generation associated with this development would be within the limits of this 25% permissible increase.

 

No objection is also raised to the proposed driveway arrangements, and the following recommendation is therefore made.

 

Recommendation:

 

No objection, on traffic grounds, is raised to the submitted proposals subject to the following conditions that:

 

 

1.     Carparking and provision for service vehicles (trucks) shall satisfy Council’s Development Control Plan and Sydney Port’s Development Guidelines;

 

2.     All vehicles waiting to be loaded / unloaded and queuing of all vehicles shall be accommodated within the site;

 

3.     All vehicles shall enter and exist the site in a forward direction; and

 

4.     All costs of traffic management measures associated with the development shall be borne by the applicant.

 

The recommendations from the Transport Management Group have been considered in this report.

 

Encroachment Comments

The proposed development crosses an existing site boundary adjacent to Friendship Road. Accordingly, the Planning Officer shall ensure that owners consent is received from the owner of the adjacent site and that the application is amended to be for both sites.

 

Waste Comments

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

 

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

 

In accordance with the Molineux Point Master Plan Guidelines, the Waste Management Plan shall also provide the following details regarding the ongoing management of operational wastes:

 

a)         Include reuse strategies and targets for waste planning for the facility;

b)         Detail the type and quantity of waste to be generated by the proposed use;

c)         Detail the facilities and procedures for the storage, collection, recycling and disposal of waste.

d)         Include a diagram detailing the location and specifications of the garbage and recycling storage areas.

 

Should the application be approved conditions shall apply.”

 

6.2  Health and Environmental Comments

 

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

 

The proposal

Proposed new office facility, staff facilities related port activities (including warehouses) car parking and cafe.

 

Key Issues

 

Contamination

Contamination has previously been considered in accordance with the provisions of Sepp 55 and a Site Audit Statement no.9808 dated March 2003 has been submitted confirming the subject site is suitable for the intended commercial industrial use.

 

An additional email advice has been provided confirming this from the planning consultant Tim Bainbridge.

 

Compliance with Pollution Control Criteria

The use of the proposed port facility requires appropriate pollution control measures to be incorporated as such appropriate conditions have been included in this report.

 

Additional information has been sent via email from the planning consultant Tim Bainbridge confirming the wash bay will be covered in accordance with Sydney Water and other relevant Authority requirements. Council has also been advised that discussions with Sydney Water have also been undertaken in this regard.

 

Appropriate conditions have been included in this report.

 

Noise

Information has been provided in relation to noise from the proposed addition to the current operations of the port facility.

 

An acoustic report dated 27 September 2006 prepared by Heggies Australia advising that the nearest residential receiver is approximately 1.7 kilometres away.

 

The report concludes that Industrial Noise Sources will comply with relevant criteria at the nearest residential receivers under operational conditions.

 

The acoustic consultant also advises that the Road Traffic Noise Sources associated with the proposal will comply with the Environmental noise criteria for Road Traffic Noise

(ECRTN).

 

In summary the acoustic consultant confirms the additional development when assessed in conjunction with the current port operations will not result in any appreciable change in the current noise environment experienced at residential receivers.

 

Appropriate noise conditions have been included in this report including project specific noise criteria to address noise from the proposed development.

 

Acid Sulphate Soils

An Acid Sulphate soils have been considered in report titled “Acid Sulphate Soil Investigation” dated 25 March 2003. However more recent information was requested with regards to Acid Sulphate Soils. Discussions with the applicant confirm further Acid Sulphate Soil investigation is proposed.

 

As such appropriate conditions have been included in this report.

 

RECOMMENDATION

 

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

 

6.3  Building Comments

 

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

 

“The Proposal

The proposal provides for the construction of a warehouse and associated office space, carparking, gatehouse, hardstand container storage area, driveway and a café.

 

BCA Building Classification

 

Class -       7b          (Warehouse)

Class -       6            (Café)

Class -       5          (Offices)

 

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 not included in the DA documentation and therefore further detailed information would need to be incorporated in the documentation for a construction certificate.

 

Access for people with a disability:

 

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

 

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

 

Conclusion:

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

 

RECOMMENDATION:

 

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

 

7.         MASTER PLANNING REQUIREMENTS

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent.

 

A master plan for the Molineux Point site was adopted on 23 October 2001 and is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1       Randwick Local Environmental Plan 1998

 

The site is zoned Port Botany 4B under Randwick Local Environmental Plan 1998 and the proposed activity, comprising primarily a warehouse, associated office space and container storage hardstand area, is permissible with Council’s consent.

 

The following relevant numerical control applies to the proposal:

 

Industrial

Clause No.

Requirement

Provided

Compliance

32 – FSR

1:1

0.068:1

Yes

 

In addition, the following clauses are relevant to the proposal (and are addressed in detail in Section 10.1 below):

 

Clause 36 (4)  Additional development in industrial zones

Clause 37        Development in the Port Botany industrial area

Clause 40        Excavation and filling of land

Clause 40A     Master plans

Clause 42B     Contaminated land

 

8.2     Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are :

 

·   State Environmental Planning Policy No. 33 - Hazardous and Offensive Development

·   State Environmental Planning Policy No. 64 – Advertising and Signage

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.         POLICY CONTROLS

 

The following Council policy controls apply to the proposed development.

 

§ DCP – Parking

§ DCP – Outdoor Advertising

 

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         Section 91 EP&A Act (Integrated Development)

 

The issue as to whether the proposal is integrated development was raised with the applicant in relation to potential earthworks within 40 m of a foreshore or a watercourse (Water Management Act 2000). Following a request from Council, the applicant has provided a survey plan of the subject site in relation to the foreshore advising that the plan clarifies:

 

“… that the proposed works will be carried outside of the 40 metre ‘protected land zone’ surrounding the shoreline of Botany Bay. The attached plan illustrates that the site’s eastern boundary is over 60 metres from the shoreline along the eastern side of Molineux Point. In addition to this, the site lies approximately 9 metres below the surface level of Prince of Wales Drive. Therefore, it is unlikely that any proposed works will impact on this shoreline with regard to water quantity or quality. The proposed works are well in excess of 100m from the western shoreline on Molineux Point.

 

The survey plan represents a shoreline which is understood to be the Mean High Water Mark (MHWM). Confirmation is currently being sought from Sydney Ports Corporation that the line corresponds with their records. The difference (if any) between the shoreline depicted in the survey plan (attached) and the MHWM is expected to be minimal. However, due to the distance of the site from the shore line, it remains likely that the site will exist outside of the 40 metre ‘protected land zone’.

 

A Part 3A permit is therefore not required by the proposed development as it will take place outside of the 40 metre ‘protected land zone’ and as such, the proposal is not considered to be integrated development.”

 

Confirmation that the shoreline as depicted in the attached survey plan is consistent with the MHWM has been obtained by the applicant from the Sydney Ports Corporation. Accordingly, the applicant’s advice is considered acceptable and the proposal is not considered to be integrated development as it occurs outside of the 40m protected land zone.

 

10.1.2  Randwick Local Environmental Plan 1998

 

The proposed activity, comprising primarily a warehouse, associated office space and container storage hardstand area, is permissible in the Industrial 4B zone under the Randwick Local Environmental Plan 1998 with Council's consent. Although “cafés” are not listed as a permissible use within the Industrial 4B zone, the proposed café is considered acceptable as it will be ancillary to the main permissible activity (advice has been given by the applicant that the proposed café will only serve the site employees as no other food shop exists within close proximity to the subject site). Furthermore, the provision of the proposed café is considered to be consistent with the  zone objective which seeks to:

 

“enable development for the purposes of retailing or commercial offices only where it is associated with, and ancillary to, port related activities or where it serves the daily convenience needs of the local workforce”.

 

Clause 36 (4)      Additional development in industrial zones

 

Clause 36(4) requires proposed developments within zones No. 4A and 4B to consider the Port Botany Landuse Safety Study 1996 prepared by DUAP. The proposal is primarily for the erection of warehouses and container storage areas and does not involve the production and/or handling of hazardous and/or offensive products. As such the proposal will have minimal, if no, impact on existing cumulative risk levels as defined in the Port Botany Landuse Safety Study 1996.

 

Clause 37            Development in the Port Botany industrial area

 

Clause 37 requires that any proposed development must be suited to being in close proximity to Port Botany and must not affect the continued operation of the Port. The proposal will support and expand the current activities of Port Botany by increasing the amount of port precinct warehousing and associated container storage area.

 

Clause 40            Excavation and filling of land

 

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

 

Clause 40A         Master plans

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent. A Master Plan for a container storage and handling facility in Molineux Point (inclusive of the subject site) was adopted on 23 October 2001 subject to a number of matters being addressed in a revised Master Plan. A revised Master Plan consistent with the required amendments was approved on 28 October 2001. In line with amendments to the Environmental Planning and Assessment Act 1979, gazetted on 16 June 2005, the adopted Master Plan is now a Deemed DCP. The proposal is consistent with the Deemed DCP primarily in that it seeks to implement the Master Plan through the construction of the proposed warehouse and container handling/storage facility complaint with the provisions of the Master Plan/Deemed DCP and Randwick LEP 1998. 

 

Clause 42B         Contaminated land

 

Clause 42B requires that Council not grant consent to the development of contaminated land within any zone unless, among other things, the contaminated land, after being remediated, is suitable for the intended use. A site audit statement (SAS) has been issued on 13 March 2003 indicating that the site has been remediated in accordance with the relevant standards for industrial development. Accordingly, the site will be suitable for the proposed warehouse and container handling/storage use.

 

10.2       Relevant State Environmental Planning Policies

 

State Environmental Planning Policies that are relevant to the proposal are:

 

10.2.1    State Environmental Planning Policy No. (33 Hazardous and Offensive Development)

 

SEPP 33 regulates development that may be potentially hazardous or offensive. The Policy applies to any proposals which fall under the Policy’s definition of “potentially hazardous industry” or “potentially offensive industry”. As such, the Policy provides procedures for determining a potentially hazardous industry and a potentially offensive industry.

 

The subject application is for the erection of a warehouse and container storage facility and does not involve activities that are potentially hazardous nor potentially offensive. The applicant has advised that there will be no dangerous goods stored on site and that the site would not be subject to a dangerous goods licence under the Dangerous Goods Act. A condition will be applied prohibiting the storage of potentially hazardous materials and potentially offensive materials without prior consent from Council and/or any other relevant authority should approval be granted for the application.

 

10.2.2      State Environmental Planning Policy No. 64 – Advertising and Signage

 

This SEPP aims to improve the amenity of urban and natural settings by managing the impact of outdoor advertising. The proposal will include the following signage:

 

·    A 9m by 3m wall mounted business identification sign on the north elevation to Simblist Road

 

·    A free-standing business identification sign located at the proposed entry to the subject site comprising an existing Sydney Port Corporation site identification sign that will be relocated from its current position on the corner of Friendship Road and Simblist Road.

 

The Statement of Environmental Effects contains a table assessing the proposed signage against the assessment criteria of the SEPP. An assessment of this table indicates essentially that the proposed signage will provide a uniform theme to identify the business to be undertaken in the premises; will be integrated into the design of the building and the landscaped access point; and will not affect any views or vistas nor dominate the skyline, consistent with the requirements of the SEPP. Accordingly, the proposed signage satisfies the provisions of SEPP No. 64. 

 

10.3     Policy Controls

 

10.3.1      Development Control Plan - Parking

 

The DCP – Parking requires carparking to be provided for the proposal as follows:

 

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

Warehouse

1 space per 300 m2 of gross floor area

5,500 m2

19 spaces

 

 

55 carspaces

Office

1 space per 40m2

600m2

15 spaces

Cafe

1 space per 40m2 for the first 80m2 then 1 space per 20m2 thereafter

200m2

8 spaces

TOTAL

 

 

42 spaces

55 spaces

 

The proposal will comply with the DCP - Carparking requirement.

 

9.2       Development Control Plan – Outdoor Advertising

 

Council’s DCP–Outdoor Advertising has as objectives the reduction in visual complexity of the streetscape by providing fewer, more effective signs and improving the visual quality of the public domain.  The proposal will provide a 9m by 3m wall mounted business identification sign and a free-standing business identification sign located at the proposed entry to the subject site (comprising a relocated existing Sydney Port Corporation site identification sign).

 

An assessment of the proposed signage indicates that it will comply with the DCP controls for in industrial zones as follows:

 

·    The free-standing business identification sign will be located in the proposed  on-site landscaped area on the Simblist Road frontage.

 

 

·    The proposed signs will not visually dominate the area of building wall, parapet or landscaped area being only confined to a small area of the north elevation (for the wall-mounted sign) and a corner of the proposed front landscaped area (for the free-standing business identification sign). 

 

·    The proposed outdoor signs will complement the overall development becoming integral parts of the building and landscaped feature.

 

·    The proposed signage will not result in a clutter of signs for multiple industrial occupants but relates to the business of the single warehouse operator (ie., Austate Pty Limited) on-site. 

 

·    The proposed outdoor signage relates to the use of the building on which it is situated.

 

·    No buntings and A-frame advertising signs are proposed.

 

In view of the above assessment, the proposal is considered compliant with the specific signage controls for industrial zones of the DCP - Outdoor Advertising.

 

10.3.2    Acid Sulphate Soils

 

The subject site is located within an area within which acid sulphate soils occur. Council has issued acid sulphate soil assessment and management guidelines in the Randwick City Council’s Advice on Acid Sulphate Soils. In addition, the NSW Acid Sulphate Soil Manual is also recommended as an additional guideline document for handling acid sulphate soil issues.

 

In 2003, the Sydney Ports Corporation undertook an acid sulphate soils assessment for the overall development site (inclusive of the current DA site) that was subject of the original DA No. 994/2003. This assessment indicated that acid sulphate soils were not found to be present in the top 2 metres below ground level and concluded that acid sulphate soils are unlikely to be present on the site, particularly in the critical 1 metre below ground level.

 

In relation to the current DA proposal, the applicant has advised that further confirmation has been sought from its soil consultant to confirm the outcomes of the Acid Sulphate Soils report prepared in 2003 for the subject site. The consultant has indicated that further detailed testing is required on the subject DA site (to ensure consistency with the level of detailed testing undertaken on the larger development site). The applicant further advises that the additional detailed soil testing for the subject DA site will require a number of weeks for results to be produced and, therefore, has requested that a condition be applied to manage any acid sulphate soil that may be found as a result of the additional testing. A condition to address the management of any occurrence of Acid Sulphate Soils will be applied should approval be granted.

 

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

 

10.4.1  Natural Environmental Impacts

 

The subject site is not vegetated and is unlikely to provide long term habitat for any fauna species. However, it should be noted that an 8-part Test was previously prepared and submitted with the original DA for the overall development site (inclusive of the current subject site) to assess the potential impact of the overall development on the Little Tern bird species which was present in the local area in Spring and Summer during part of its annual migration. The Little Tern is listed as an endangered species under the Threatened Species Conservation Act 1995 [NSW] and as a migratory species under the Environment Protection and Biodiversity Conservation Act 1999 [Clth].

 

The 8-Part Test was assessed by Council and essentially was found to be adequate subject to appropriate deterrence strategies being implemented to prevent the Little Tern from nesting in the development site. These strategies were based on information provided by the applicant as part of the original DA submission (Appendix F Bird Deterrent Strategy of the Statement of Environmental Effects prepared by Maunsell Australia Pty Limited dated October 2002). The applicant advises that this deterrent strategy has generally been on-going on the subject site as part of the requirement of the original development consent for the overall development (DA 994/2002). The applicant further advises as follows:

 

“The existing Container depot that operates on the larger development site no longer presents a suitable location of these species to nest. There is constant activity associated with container movements, truck movements and general site activities to deter most species from nesting on site. In addition to this, the area of the proposed facility was tack sealed to ensure that the opportunity for nesting was removed in line with the principles of the Bird Deterrent Strategy.

 

Although it is unlikely that suitable habitat exists on site at the present time, the situation will continue to be monitored. Where necessary, the principles of the Bird Deterrent Strategy can be implemented.”

 

The applicant’s advice is considered acceptable and reasonable. To ensure consistency with the original development consent (DA No. 994/2002), a condition will be applied to reiterate the requirement for a bird deterrent strategy should approval be granted.

 

Apart from the impact on the Little Tern, there are no other items of natural and/or environmental heritage existing on the site that will be affected by the proposal. Further, the subject site is not within an area of remnant vegetation nor is it within an area identified for the conservation of native flora, including any threatened species, populations or ecological communities.

 

10.4.2              Built Environmental Impacts

 

10.4.2.1           Urban Design

 

The proposed warehouse building will have a maximum height of approximately 10.6m. The proposed warehouses will be constructed of steel frame structure and precast concrete panels, with colour bond wall cladding and roof-sheeting used above the precast concrete panels. Openings in the proposal will comprise doors for fork-lifts and fire doors consistent with the approved revised Master Plan which requires that the articulation of the buildings should be defined in entry and egress and vertical circulation features to minimise building mass. The submissions perspective indicates that the proposed building will have appropriate articulation and modulation to the elevation to address the corner frontage to Simblist Road. Accordingly, the proposal will use various textures on the external façade, particularly to Simblist Road, to provide interest in the design and to reduce any reflectivity.

 

The external treatment of the proposed warehouses will be guided by principles/guidelines contained in the approved revised Master Plan which are as follows:

 

§ Building materials and textures are to reflect the steel, concrete and lightweight sheet metal which already exists within Port Botany.

 

§ Building materials are to be of suitable durability to withstand the harsh climatic conditions associated with the Port.

 

§ The materials to be used in building and structure construction are to reinforce a range of different textures and materials throughout the Port. A range of finishes in concrete and steel and a composite of these materials will ensure variations in the built form while reinforcing the industrial nature of the Port.

 

§ Roof materials and external building cladding to warehousing office and similar buildings shall be sympathetic with the immediate environment and shall not be highly reflective.

 

Accordingly, a condition will be applied requiring the submission of a colour and materials sample board and coloured elevations consistent with the provisions of the approved revised master plan.

 

An external landscaped staff amenity area will be provided in front of the proposed café which will not only provide passive recreation opportunities for staff but also soften the visual impact of the proposed warehouse to Simblist Road.

 

10.4.2.2           Landscaping/Open Space

 

A landscape concept plan has been submitted for the proposal which provides for the following landscaping:

 

§ Buffer planting along Simblist Road to screen the warehouse building facing this road. This buffer will be 7.5m wide consistent with the adopted Master Plan and will be a mixture of medium tall native trees and lower dense native shrubbery.

§ Accent planting to accentuate entry and exit points

§ Lawn, shrubs, ground-covers and mulching

 

The overall landscaping treatment is considered satisfactory to both screen and soften the proposed development.

 

10.4.2.3           Impact on adjoining development

 

The subject site is located approximately 2 km away from the closest residential area to the north east. As such, the proposed warehouse and container storage facility will have no impact in terms solar access, privacy and views on residential properties.

 

Potential noise impacts arising from the proposed use have been addressed in a Noise Impact Assessment submitted with the application. Council’s Environmental Health Officer has found the acoustic assessment acceptable subject to suitable conditions should approval be granted.

 

The overall bulk, scale and visual appearance of the proposed extension are considered satisfactory in the context of the existing site and surrounding port uses.

 

10.4.2.4      Traffic and access

 

The proposal includes the provision of a new access/egress driveway on Simblist Road. The existing access gateway will be locked but the accessway will remain to ensure that access can be provided to Fishburn Road for Sydney Ports Corporation in the event of an emergency.

 

The new access/egress point is required to improve the current site access arrangement which will provide for a minimum width of carriageway of 10m so as to accommodate two-way traffic without heavy vehicle or passenger vehicle parking. Furthermore, the proposed access driveway will include a minimum 30 m distance for trucks to travel from Simblist Road before being required to stop. This 30m distance will ensure that truck drivers will not be forced to stand their vehicles on a public road (ie., Simblist Road) prior to gaining access to the warehouse/container storage area.  

 

The applicant’s traffic report indicates that the proposal is expected to generate approximately about 28 vehicle trips per hour in the morning an afternoon peaks based on the RTA Guide to Traffic Generating Developments. The report states that the majority of truck movements associated with the entire site are occurring at present and the proposed facility will only result in a small increase to this. According to the report the existing site activities involve approximately 250 trucks per day and it is not anticipated that this figure will increase significantly as a result of the new warehouse and container storage area.

 

It should be noted that the Traffic Report submitted with the Master Plan/Deemed DCP  for the development site analysed the traffic generation associated with a theoretical scenario of the southern port area traffic growing by 25% in 10 years (above the 3,400 truck movements per day generated at the time the master plan was assessed). It was found that no capacity problems would be created on the surrounding road network by such an increase.

 

Accordingly, the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the adjacent classified road network.

 

10.4.2.5      Ecologically Sustainable Development

 

The proposal will make efficient use of industrial land within the subject site by centralising and co-locating identical port-related uses to those already operating in the larger development site in line with Clause 37 - Development in the Port Botany Industrial Area of the Randwick LEP 1998. This will allow for shared services for the future tenant including import and export functions which, overall, assists in reducing scale inefficiencies in terms of transportation thus contributing towards ecological sustainability.

 

In addition, Statement of Environmental Effects advises that the proposed office has been designed with a northerly aspect to ensure that maximum light penetration can be achieved. Appropriate natural ventilation systems have also been incorporated into the design of the warehouse to reduce energy consumption.

 

10.4.2.6      Site Remediation

 

A site audit statement (SAS) has been issued for the subject site on 13 March 2003 indicating that the site has been remediated in accordance with the relevant standards for industrial development. Accordingly, the site will be suitable for the proposed warehouse and container storage use.

 

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

 

The proposal will have a positive social and economic impact primarily as a consequence of the increased employment opportunities that will be available from the construction and operation stages of the proposed development and from the overall development of infrastructure in the subject site.

 

Additionally, the applicant advises in the SEE that the proposal will also generate the following beneficial socio-economic impacts:

 

·          Additional facilities to cater for the constant growth that is occurring as a result of the increasing demand for port-related activities as the Port expands

 

·          The addition of contemporary industrial and container depot uses in a suitable site in close proximity to Brotherson Dock

 

·          The expansion of an existing business in the Port that effectively increases the amount of economic activity within the Randwick Local Government Area

 

Overall, the proposal is considered to present a positive social and economic impact within the site and locality.

 

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

 

The subject site is located within Port Botany and is zoned for industrial port-use (Industrial 4B). The subject site is also part of the developable land within a wider warehouse and container depot site at Molineux Point  which is identified in a Master Plan adopted by Council on 23 October 2001 (now a Deemed DCP). In doing so, Council considered the suitability of a range of proposed landuses and their location within the Prince Henry site.

 

As such, the proposed warehousing and container storage facility are uses that are consistent with the existing port uses and will enhance the continued operation of the Port.

 

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

 

The proposal has been notified and advertised for a period of 14 days between 9 October 2006 and 25 October 2006 in accordance with the DCP – Public Notification of Development Proposals and Council Plans. No submission was received by Council during this notification/advertising period.

 

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

 

The proposed development is consistent with the Molineux Point Master Plan/Deemed DCP and will strengthen the role of Port Botany by facilitating continued economic growth in the port sector and providing increased employment opportunities both locally and in the wider Sydney Region. As a consequence, the proposal will have a positive social and economic benefit and is considered to be in the wider public interest.

 

11        RELATIONSHIP TO CITY PLAN

 

On 27 June 2006, Council adopted The Randwick City Plan as a key strategic plan that establishes the directions for Randwick City over the next 20 years.

 

The assessment of the proposed development indicates that the proposal relates to the Outcomes, Directions and Actions in the Randwick City Plan in the following way:

 

11.1     Outcomes 

 

Outcome 8 : A Strong Local Economy – The proposal promotes a vibrant industrial sector (specifically the port-related warehousing and container handling sector) to provide ongoing and diverse economic and employment opportunities.

 

11.2     Directions and Actions

 

Direction 8a & associated key action : Industrial land within our City supports a range of industries and employment opportunities. –The proposal will augment the economic base of the port and specifically in the warehousing and container handling sector which will in turn support local businesses and employment.

 

12.     FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.       CONCLUSION

 

The proposal is permissible in the Industrial 4B zone with Council’s consent and complies with the relevant statutory controls in the Randwick LEP 1998.

 

The proposal is consistent with the adopted Master Plan/Deemed DCP for the subject site.

 

Adequate carparking will be provided in compliance with the DCP – Parking.

 

The subject site is located at a significant distance from residential properties and will therefore have minimal adverse amenity impacts on residential properties. Potential noise impacts from the operations of the proposed facility have been addressed in a noise impact statement, which has been found to be acceptable subject to conditions.

 

The application is recommended for approval.

 

RECOMMENDATION:

 

A.        THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0573/2006 for the construction of a container depot comprising of a new warehouse and office space, provision of car parking, cafe and hardstand area, container wash bay, new site access and gatehouse, and business identification signage at 1-13 Friendship Road, Port Botany, subject to the following conditions:-

 

1.         The development must be implemented substantially in accordance with the plans numbered AT-B-DA-002 Issue C, AT-B-DA-100 Issue B, AT-B-DA-110 Issue A,  AT-B-DA-200 Issue B, AT-B-DA-210 Issue B, AT-B-DA-500 Issue A, and AT-B-DA-600 Issue C, all dated 15 September 2006 and stamped received by Council on 5 October 2006, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

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

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of City Planning, 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.         An adequate deterrent strategy shall be put into effect to deter the nesting of the Little Tern in the subject site. The deterrent strategy shall include, but shall not be limited to:

 

·    Engaging suitably qualified and experienced personnel to implement this strategy and be on-site on a daily basis, for the duration of the strategy;

·    Erection and maintenance of posts at ten metre intervals with attached bunting or flagging of a kind to deter the Little Tern;

·    The combined use of gas cannon and “Bird Frite”;

·    Smoothing out any nest scrapes prior to any egg laying.

 

Should Little Terns lay eggs within the site, or any area affected by the proposed works, all works and deterrent strategies shall cease immediately. Council’s Bushland Management Officer and the Department of Conservation shall be contacted immediately to determine when and how works shall recommence.

 

4.         The storage of potentially hazardous materials and potentially offensive materials is prohibited without prior consent from Council and/or any other relevant authority should approval be granted for the application.

 

The following conditions are applied to meet the requirements of the Sydney Ports Corporation:

 

5.         The development must be implemented substantially in accordance with the requirements detailed in the letter granting landowner’s consent to the lodgement of the subject development application from Sydney Ports Corporation dated 26 October 2006.

 

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

 

6.         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.

 

7.         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.

 

8.         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.

 

9.         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.

 

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.

 

10.       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 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.

 

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

·       name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours

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

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

 

12.       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.

 

13.       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.

 

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

 

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

 

16.       A Certificate of Adequacy prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to occupation of the building, certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

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

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

 

21.       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 (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

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.

 

22.       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.

 

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

 

24.       A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)       Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

b)       On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

25.       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.

 

26.       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.

 

27.       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.

 

28.       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.

 

29.       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.

 

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

 

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

 

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

 

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.

 

31.       A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

32.       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.

 

33.       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 any part of the footpath, nature strip or any 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.

 

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 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:

 

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

 

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:-

 

36.       An Acid Sulphate Soils Management Plan (ASSMP) shall be prepared by a suitably qualified person in accordance with relevant guidelines and shall be submitted to and approved by the certifying authority prior to a construction certificate being issued.

 

37.       The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

38.       Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·          New South Wales Occupational Health and Safety Act, 2000;

·          The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·          Protection Of the Environment Operations Act 1997 (NSW) and

·          Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

39.       Any new information which comes to light during construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

40.       Prior to the commencement of works, adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing

 

Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

41.       All site works shall comply with the occupational health and safety requirements of Work Cover NSW.

 

42.       The installation, storage and handling of flammable and combustible liquids and the like must comply with Australian Standards AS 1940:1993 The Storage and Handling of Flammable and Combustible Liquids and must be licensed by WorkCover NSW.  A copy of the compliance certificate and WorkCover NSW Dangerous Goods licence being submitted to Council before occupation of the premises.

 

43.       The wash bay area and the like are to be covered and bunded to prevent direct entry of rainwater and surface water in accordance with the Sydney Water and Department of Environment & Conservation's Environmental Guidelines and relevant conditions of consent.

 

44.       Open parking areas must drain to a storm water treatment device capable of removing litter, oil, grease and sediment prior to discharge to the storm water system complying with:

 

·    Environmental Protection Authority’s Environment Protection Manual for Authorised Officers:  Technical Section (Stormwater First Flush Pollution); and

·    Environmental Protection Authority’s Managing Urban Storm water: treatment techniques;

·    Council’s Storm water Management Policy and conditions of consent.

·    Storm water treatment device(s) must be maintained at all times to Council’s satisfaction.

45.       Pollution control devices shall be installed and maintained to ensure there will be no water borne pollutants discharging or are likely to discharge into any natural water course, stormwater or sewerage drainage systems.

 

Full details of the proposed pollution control devices to be installed are to be submitted to and approved by Council’s Director of Planning & Community Development in accordance with Section 80 A(2)  of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the development.

 

46.       Sign(s) being displayed and maintained adjacent to all stormwater drains on the premises, clearly indicating “clean water only – NO waster water or rubbish”.

 

47.       Covered, bunded work areas, including the wash bay, shall be graded into collection sumps and/or grated drains so that surface effluent generated within the subject work area is directed into a dedicated drainage system for treatment, storage and disposal.  If liquid wastes are to be disposed of to the sewer, a Trade Waste Agreement from Sydney Water is to be obtained. 

 

A copy of the license is to be forwarded to Council as proof of appropriate disposal.  Alternatively, disposal of waste is to be conducted in accordance with the Environmental Protection Authority’s Waste Tracking Guidelines as described in the Environmental Protection Authority’s Waste Regulation under The Protection of the Environment Operations Act 1997 (NSW) and details of compliance must be provided to Council.

 

48.       Hazardous waste or dangerous goods shall not be stored or processed on the site.

 

49.       An Emergency Response Management Plan must be prepared by a suitably qualified person and be submitted to Council prior to the issue of the Occupation Certificate.  The Plan shall include the following:

 

·          list of chemicals and maximum quantities to be stored at the site;

·          identification of potentially hazardous situations;

·          procedure for incident reporting;

·          details of spill stations and signage;

·          containment and clean-up facilities and procedures; and

·          the roles of all staff in the Plan and details of staff training.

 

50.       Sufficient supplies of appropriate absorbent materials and/or other appropriate spill clean up equipment shall be kept on site to recover any liquid spillage.  Liquid spills must be cleaned up using dry methods only and shall not give rise to an offence under the Protection of the Environment Operations Act 1997 (NSW).

 

51.       Legionella control – cooling towers, warm water systems and water cooling systems must be registered with the Council prior to occupation and on an annual basis and the systems are to be maintained and certified in accordance with the provisions of the Public Health Act, 1991.

 

The premises is to be registered with Council together with payment of the approved fee, prior to occupancy of the building.

 

52.       Warm water systems and/or Cooling Towers must be designed, installed and maintained in accordance with the requirement of the Public Health Act 1991 (Part 4 Microbial Control) and Regulations.  The air handling system cooling tower must be designed, installed and operated in accordance with the relevant requirements of AS/NZS 3666.1 (2002), AS/NZS 3666.2 (2002) and AS/NZS 3666.3 (2000).

 

Details of compliance must be provided with the construction certificate             application.

 

53.       Any rainwater tank use and installation to be in accordance with Council’s Rainwater Tank Policy and Council’s Rainwater Tank Installation Guideline 2003.

 

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:

 

54.       The use and 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.  In this regard, Richard Heggie Associates Pty Ltd dated 21 October 2002 makes reference to the set criteria as outlined in the “Noise Impact Assessment”, prepared. Namely, the project specific goals are as follows:

 

·    LAeq (15 minute) noise emissions from the facility should not exceed 52 dBA, 45 dBA and 40 dBA (day, evening and night-time periods respectively) at the nearest residential boundaries.

 

·    LAeq(15 minute) noise emissions from the facility should not exceed 65 dBA (any time of the day) at the nearest commercial/industrial boundaries.

 

55.       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.

 

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

 

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

 

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

 

58.       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:

 

59.       The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

60.       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.

 

61.       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.

 

62.       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.

 

63.       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.

 

64.       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.

 

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

 

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

 

·          Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings.  An electronic insect control device must also be provided within the food premises.

 

·          Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

 

·          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.

 

·          Wash hand basins must be provided in convenient positions, 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.

 

·          All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

66.       Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

67.       A certificate or statement must be provided to the certifying authority and the Council, from a suitably qualified person, prior to occupation, which confirms that the mechanical ventilation system satisfies the relevant requirements of the Building Code of Australia and Australian Standards AS 1668 Parts 1 & 2.

 

68.       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.

 

69.       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 and details of the proposed waste collection and disposal service are to be submitted to Council prior to occupation of the building.

 

70.       Adequate provisions are to be made within the  premises including but not limited to the food premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

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

 

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

 

a)         $5000.00         -           Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

72.       Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)       Construct an industrial concrete vehicular crossing and layback at kerb opposite the proposed truck entrance to the site in Simblist Road.

 

b)       Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the proposed carpark entrance to the site in Simblist Road.

 

c)       Reconstruct any damaged sections of kerb and gutter along the full site frontage except opposite the vehicular entrance and exit points (including associated roadworks as required).

 

73.       The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's 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 roadway.

 

74.       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.

 

75.       Any new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

76.       Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

77.       The access driveways and internal carpark layout shall be in accordance with AS/NZS 2890.1:2004. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

78.       Two disabled parking spaces are to be provided on the site with a minimum width of 3.2 metres.

 

79.       Appropriate design improvements to the truck access (incorporating an assessment of turning paths) will be required should B-Double access to the site be necessary in the future. The applicant shall submit details of the design improvements to Council for approval prior to any works being undertaken.

 

80.       Site operations shall be managed to ensure queuing of trucks is accommodated within the site at all times.

 

81.       All vehicles shall enter and exit the site in a forward direction.

 

82.       All costs of traffic management measures associated with the development shall be borne by the applicant.

 

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

 

83.       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 new driveways off Simblist Road, shall be:

 

·   200mm above the top of the kerb at all points opposite the kerb.

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

 

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

 

85.       The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $6400 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

86.       The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

87.       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.

 

88.       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 authorities.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

92.       Stormwater runoff from the site shall be drained in a westerly direction to the existing drainage system discharging to Botany Bay through Lot 6 in DP 1053768 (as detailed on the submitted stormwater drainage plan 24543 drawing C03 by Buckton Lysenko dated 28.09.2006).

 

93.       Detailed stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority and the Sydney Ports Corporation prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

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

 

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

 

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

 

i.          Roof areas

ii.          Paved areas

iii.         Grassed areas

iv.         Garden areas

 

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

 

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

 

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

 

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

 

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

 

96.       Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

97.       All stormwater runoff from the site shall be taken through pollutant traps capable of removing gross pollutants, oil, grease, sediments and silts, prior to being discharged from the site.

 

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

 

a)         Finished site contours at 0.2 metre intervals;

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

c)         Details of any detention systems; and

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

 

99.       Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

100.     The floor level of the proposed warehouse shall be a minimum of 300mm above the level of any adjacent 1 in 100 year overland flow path. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

101.     The finished surface level of parking spaces shall be a minimum of 150mm above the level of any adjacent 1 in 100 year overland flow path. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

102.     The container wash down bay and any other potential pollution sources shall be graded and drained to the sewer to the requirements of Sydney Water. It is noted that this may necessitate the area being covered.

 

 

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

 

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

 

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

 

In accordance with the Molineux Point Master Plan Guidelines, the Waste Management Plan shall also provide the following details regarding the ongoing management of operational wastes:

 

a)         Include reuse strategies and targets for waste planning for the facility;

b)         Detail the type and quantity of waste to be generated by the proposed use;

c)         Detail the facilities and procedures for the storage, collection, recycling and disposal of waste.

d)         Include a diagram detailing the location and specifications of the garbage and recycling storage areas.

 

104.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

 

105.     The waste storage areas shall be clearly signposted.

 

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

 

106.     The landscaped areas shown on the submitted landscape concept plans (06_062LC01/02 & 06_062LC02/02 by habitation dated 4.10.06) shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.         A site plan at an appropriate scale showing existing site boundaries, any existing trees within the property (clearly identified as being retained or removed), any existing street trees (clearly identified as being retained or removed),  council’s verge, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of any tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

d.         Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

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

 

g.         All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

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

 

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

 

107.     The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate and shall be maintained in accordance with those plans.

 

108.     In order to prevent overhang into garden beds, concrete wheelstops shall be located to all carspaces. Such wheelstops shall be positioned in accordance with the Australian Standard of Parking Facilities – off-street car parking, AS2890.1-1993 and shall be shown on the detailed landscape drawings and specifications. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

109.     In order to prevent the encroachment of motor vehicles into the landscaped areas a 150mm high concrete edge shall be constructed between the landscaped areas and roadway. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

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

 

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

 

111.     Any sections of the naturestrip upon Council's footway damaged during the 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 installed prior to the issue of a final Occupation Certificate.

 

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

 

113.     Any detention tanks located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of any detention tanks being 600mm below the finished ground level of the landscaped areas.

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1          -                   Structural provisions

b)       Part C1          -                   Fire resistance and stability

c)       Part C2.3       -                   Large isolated buildings

d)       Part C2.4       -                   Requirements for open spaces and vehicular access

e)       Part D3          -                   Access for people with disabilities

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

g)       Part E1           -                   Fire fighting equipment

h)       Part E2           -                   Smoke Hazard Management

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

j)        Part F4           -                   Light and ventilation

 

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

 

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

 

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

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 

 


 

Director, City Planning Report 102/2006

 

 

SUBJECT:

200 - 210 ARDEN STREET, COOGEE

 

 

DATE:

15 November, 2006

FILE NO:

DA/550/2006 & PROP017563

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is Development Assessment Report for Development Application No DA/550/2006 for installation of a canopy and increase in  the size of the outdoor dining area.

 

RECOMMENDATION:

 

That Council consider and determine the development application in accordance with the recommendations contained in the attached report.

 

ATTACHMENT/S:

 

Development Application Report dated 3 November 2006.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

3 November, 2006

FILE NO:

DA/550/2006 & PROP017563

 

PROPOSAL:

 Installation of a canopy and increase in the size of the outdoor dining area.

 

PROPERTY:

 200 - 210 Arden Street, Coogee

WARD:

 East Ward

APPLICANT:

 C M Hairis Architects

OWNER:

Coogee Legion Ex-Services Club Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Tracey, Procopiadis, Sullivan, Woodsmith, Matson and Hughes.

 

The application details the installation of a removable/demountable canopy structure to an expanded outdoor dining area.

 

The main issues relate to compliance with the DCP- Footpath Dining and Trading and the visual impact upon the Coogee beachfront area.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The proposal details the replacement of the existing canopy with a light weight removable/demountable canopy over the existing outdoor seating area, and increasing the area of the outdoor dining from 43m² to 48m². The canopy is to be constructed with galvanized steel framework painted to match the colour of the Coogee Legion building, the roof will be cream coloured Polyvinyl Chloride (PVC)/Polyester and the sides clear PVC with associated signs above. The footpath dining area is associated with the Coogee Yeeros Café which occupies two commercial premises at ground level with an area of kerbside outdoor dining directly in front on the footpath of Arden Street.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is on the western side of Arden Street on the corner of Coogee Bay Road directly opposite Goldstein Reserve and Coogee Beach and consists of a two storey building containing the Coogee Legion Club at the first floor level and several commercial uses at ground level. The remainder of Arden Street has a number of other commercial uses and cafes some of which provide outdoor seating.

 

4.    SITE HISTORY

 

Development Consent No.13/02 approved for the shop fitout for a food premises and an area of outdoor dining.

 

Development Consent, No.392/02 approved for an extension of the outdoor dining area.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1  Objections

 

A Constable, Secretary Manager of Coogee Legion Club (note, landlord of subject premises)

 

Issue

Comment

Strongly objects to the extension of the seating area in that the front doors of the club will be obstructed.

There will remain an unobstructed 3.2m wide footpath directly in front of the club entry and access to and from the club entrance will not be obstructed.

The enlarged canopy will obstruct the entrance of the club and may increase the risk of injury during any evacuation and may also hinder emergency access to the building.

There will remain an unobstructed 3.2m wide footpath directly in front of the club entry, and access and egress from this point will not be obstructed by the proposed enlarged canopy.

There development infringes on the club patrons ability to exit the club premises and will be forced to utilise the adjoining properties driveway to enter the road.

The designated roadway crossing at the corner of Coogee Bay Road and Arden Street remains unaffected by the proposal.

There are concerns that the proposed signage to the canopy must respect the streetscape and be tasteful.

A condition of consent is recommended requiring that there is a single sign to the canopy and is for business identification only and details of the wording and colour are to be provided to Council for approval prior to the issuing of a Construction Certificate.

The current lease with the applicant and club states that no signs can be displayed without the landlords consent.

This is a matter between the two parties and is not a relevant matter of consideration for this application.

There are future plans for the club to seek approval for a taxi rank directly in front of the club.

There is no current proposal before Council for a taxi rank in this location.

There are concerns as to the structural stability of the clubs awning’s steel framework.

The proposed removable structure is a stand alone structure and will not have any impact upon the stability of the adjoining awning to the club.

There are concerns that this may set a precedent for other business operators.

The proposal must be assessed on it’s merits. Having regarded to the existing canopy structure it is considered that the proposed design of the new canopy would be a significant improvement in the visual presentation of the subject area.

 

B & J Herron of 1/190 Arden Street Coogee

 

Issue

Comment

The proposed removal of the street light is in opposition to Council’s previous decision to install 4 lights.

A condition of approval is recommended to retain this street light.

 


 

Coogee Precinct Committee

 

Issue

Comment

The application proposes a permanent structure to be built on public land which will set a precedent for tent style structures over other areas of outdoor dining.

The proposed structure whilst being fixed is removable, and a condition of consent is included to confirm that the structure is not to be fixed permanently.

The application details the consideration of a structure to replace the existing structure which is not approved.

The existing canopy structure was granted development consent under DA 13/02 and DA392/02.

The application contravenes conditions of the Council’s DCP for Footpath Dining and Trading in relation to pedestrian accessibility and the provision of adequate toilet facilities and minimal advertising.

The clear pedestrian zone of 3.28m complies with the minimum of 2.5m for busy footpaths. A condition of consent is included to require that prominent signage within the outdoor seating area be provided to advise patrons of the availability of public toilets in Goldstein Reserve and that there is a toilet at the premises which can be accessed on request. It should be noted that the proposed extension does not involve a significant increase in patrons. A condition of consent is recommended with respect to the signs provided to the canopy.

A lager permanent structure would block access of pedestrians using the footpath and may set a precedent for further structures which would have a negative impact upon the appearance of the street and public access.

There is a clear access of 3.28m between the area of the footpath dining and building which complies with a minimum of 2.5m for busy footpaths.

The proposed advertising is prominent and cannot be considered a minor element and is not in keeping with the Coogee Beach and Foreshore Plan of Management.

A condition of consent is recommended requiring that there is a single sign to the canopy which is restricted to business identification only and details of the wording and colours are to be provided to Council for approval prior to the issuing of a Construction Certificate.

Careful consideration should be given to any contribution to social problems at Coogee including late night trading.

The existing hours of trading within the outdoor dining area is 6.00am to 10.00pm seven days a week, and this application does not seek to increase the hours of trading.

The proposal does not meet the objectives of the 3A General Business Zone.

The proposed enclosure to the existing approved area of outdoor dining is consistent with the objectives of the 3A General Business Zone, in that it will encourage a viable retail use and enhance employment opportunities and subject to appropriate conditions of consent will minimise the impact on adjoining and nearby residential zones.

The Council should not reward parties which flouted license conditions by providing retrospective approval.

This application seeks consent for the installation of a new removable shelter above the existing outdoor dining area; it does not seek retrospective approval for the existing structure.

The application is not permitted in Council’s Footpath DCP, and should be refused on those grounds and any changes to street front should be delayed until the impending Masterplan for Coogee.

The proposal is not specifically prohibited by the objectives of the DCP for Footpath Trading and Dining, and given that the preparation and adoption of a Masterplan for Coogee is not imminent it is considered unreasonable to delay the consideration of this application by Council.

Council should take every opportunity to regulate the operating hours of food outlets in Coogee.

Hours of trading are already regulated, the operating hours of the outdoor dining area are restricted to 6.00am to 10.00pm which is consistent with the nearby and adjoining food premises and licensed premises.

 


 

Paul Pearce MP Member for Coogee

 

Issue

Comment

The existing operation occupies an area greater than that licensed by Council.

Conditions of consent are included in the recommendation requiring a new license agreement that will restrict the use of the area to that approved under this development consent.

The existing license states that structures of a fixed nature should not be erected.

The proposed is for a removable canopy above the area of footpath dining, which whilst being fixed in place is not of a permanent nature. A condition of consent is recommended to note that the structure is not to be permanently fixed and may be removed at any time in the future by a direction of Council.

The current operation would seem to be operating in breach of the hours of trading in the Council’s DCP for Footpath Dining.

The approved hours of trading in the outdoor dining area are from 6.00am to 10.00pm which is consistent with the hours of trading in the DCP which permits trading up until 11.00pm Mondays to Saturdays and 10.00pm Sunday and there is no evidence that trading within the outdoor dining area is outside of these hours.

There were concerns raised in the previous report to Council for the previous Development Application that this premises has been identified by police as being a contributing factor to patrons purchasing food and staying around the beach, which indicates that they are operating outside of the approved hours.

Importantly, the different areas of the premises are subject to separate consents. The northern portion of the premises was approved in 1977 absent of conditions restricting hours of operation. The southern portion the premises, including the footway dining area operate under separate consents granted in 2002 which restrict the hours of operation of these areas to 6.00am to 10.00pm. Furthermore, an inspection of late-trading food premises at Coogee conducted by Council officers in December 2005 disclosed that the subject premises were operating consistent with its approved hours of operation.

The Coogee Legion Club has identified that their entrance doors may be obstructed and it is incumbent on Council when agreeing to a license area that the impact upon neighbouring businesses and premises is taken into account.

There is an access way in excess of 3m in width across the front of this building which is unencumbered by the area of outdoor dining.

The current proposal extends across the boundaries of the subject premises which would be in breach of the provisions of the DCP which limits the use of a public footpath to directly in front of the related premises only.

The intent of this control in the DCP is to ensure that outdoor dining approvals do not adversely impact upon adjoining premises, particularly with respect to access to adjoining premises. The proposed footpath dining area is located behind the kerb and will not hinder access to and from the Legion Club entrance with a 3.2m wide access way maintained.

Part 3 of the DCP specifies that disposable tableware is not to be used which would imply that table service is to be expected. Anecdotal evidence would suggest that patrons are utilising the outdoor area late in the evening and early morning for consumption of take away food.

The intent of the DCP is to reduce littering and improve sustainability by using reusable tableware. The operator states that the tables and chairs are removed at the conclusion of trading.

Council has an obligation to consider the social and amenity impacts of this application having regard to the problems with late night post pub activities in the area.

The original development consent restricted the hours of trading from 6.00am to 10.00pm, seven days a week. If there is evidence that these hours are not being adhered to Council’s Regulatory Officers may investigate and institute appropriate action.

In taking into account the broader community interest the application should be rejected.

The broader community interest includes the provision of a vibrant local business centre which provides services and attractions for both local residents and visitors. The existing area of outdoor dining is amongst a group of outdoor dining areas which is directly opposite the Coogee Beach front and provide an opportunity for casual eating in a pleasant outdoor setting.

Should Council decide to grant an approval there should be strict compliance with the provisions of the DCP.

See assessment of compliance with the DCP in Section 8.

The footprint of the licensed area should be constrained to the area directly in front of the premises to which is related.

The intent of this control in the DCP is to ensure that outdoor dining approvals do not adversely impact upon adjoining premises, particularly with respect to access to adjoining premises. The proposed footpath dining area is located behind the kerb and will not hinder access to and from the Legion Club entrance with a 3.2m access way maintained.

The applicant should comply with all requirements of the DCP with regards the management of the area.

A condition of consent is recommended to require that a plan of management for this area is submitted to Council prior to a new license agreement being entered into.

The subject area should be excluded from the operation of any liquor license.

The premises does not have a liquor license at present.

The hours of operation should comply with the provisions of the DCP.

The existing hours of operation are 6.00am to 10.00pm seven days a week which complies with the DCP.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

An application has been received for the extension of the existing footpath dining area and the erection of an awning structure over the outdoor dining area at the above site.

 

It is understood that the existing footpath dining area is 3.75m deep x 10.47m long and is setback 600mm from the kerb. Given that the overall footpath width is approximately 7.35 metres in this location, the existing outdoor dining area allows for a 3.0 metre wide unimpeded footpath at the property boundary.

 

The subject application seeks to extend the licensed area some 1.40 metres to the north (whilst maintaining the same setbacks from the kerbline and property boundary).

 

The application also seeks consent for the provision of a permanent awning structure over the licensed area.

 

Referral Comments

 

The application was referred to Council’s Parks & Recreation Coordinator and the following comments were received:

 

1          A Norfolk Island tree has been removed at some recent time. This tree was located to the north of the existing licence area (south of the vehicular access to the adjoining property (190-198 Arden St).  Two of the conditions attached to Local Approval Application 883/2005 – Proposed B Class Hoarding in June 2005 required the following:

 

a.   The applicant shall meet the full cost for Council to remove the existing Norfolk Island Pine tree located within the construction area and to plant an established replacement tree at the completion of the works. The applicant is to liaise with Council’s Landscape Technician (9399 0613) to obtain the quotation for this works and to coordinate the works.

b.   The applicant must meet the full cost for the Arden Street footpath to be fully reconstructed in clay pavers and the affected tree surround to be reinstated at the completion of works.

 

The location of the tree is not shown on the applicant’s drawings and the replacement tree may impact upon the proposed license area extension.

 

2          The proposal shows an existing street light to be removed.  This is not supported as it is one light in a system of lights that were installed in the original Coogee Beach Plaza scheme.  Viewed from the southern end of Arden Street or from the northern end of Arden Street, the loss of the street light will be noticeable and will detract from the ambience of the place at night.

 

3          My understanding from the plans is that the proposed structure is a permanent structure. The structure would need to be designed/constructed as a demountable or removable structure to allow Council or any other authority to access any services that may be within the proposed licence area.

 

4          It is noted that it is proposed to have a canvas infill between the underside of the Legion Club awning/veranda and the new outdoor dining enclosure. This will obstruct advertising below the awning level including the Legion Club's signage at the new Arden Street entry point (see attached photograph).  Additionally, this will have the effect of enclosing the pedestrian space (veranda above, enclosed footway dining area and canvas infill) and starting to resemble an enclosed mall.  Again, this is not in keeping with the vision for Arden Street and is not supported.

 

Advisory Note:

 

Council recently engaged consultants to prepare design concepts for the Coogee Beach commercial strip including Coogee Bay Road and Arden Street from the southern end of the Coogee Bay Hotel site to Alfreda Street. This outdoor dining license area falls within the scope of this study.  The consultancy has a 10 week programme and will be working with the Coogee Precinct Committee and Chamber of Commerce.  The poor quality of the street furniture together with the poor design of some of the outdoor dining spaces have been identified by the Coogee Bay Village Committee as some of the issues that need to be addressed during the consultancy.  Subject to Council adoption of any recommendations from this consultancy, it may be possible that new guidelines may be introduced for outdoor dining structures within the study area.

 

Section 125 of the NSW Roads Act 1993, provides that an approval to use a footway for restaurant purposes is subject to the following considerations:

 

(1) A council may grant an approval that allows a person who conducts a restaurant adjacent to a footway of a public road (being a public road that is vested in fee simple in the council) to use part of the footway for the purposes of the restaurant.

(2) An approval may be granted on such conditions (including conditions as to payments in the nature of rent) as the council determines.

(3) An approval may not be granted in respect of a footway of a classified road except with the concurrence of the RTA.

(4) The term of an approval is to be such period (not exceeding 7 years) as is specified in the approval.

(5) An approval lapses at the end of its term or, if the part of the footway the subject of the approval ceases to be used for the purposes of a restaurant, when that use ceases.

 

Any approval issued by Council would be for a period of seven years or less and any subsequent approval may be subject to compliance with any newly adopted guidelines.

 

The application was also referred to Council’s Property Officer and the following comments were received:

I would like to advise that the outdoor dining fees are set in line with the Randwick City Council’s Pricing Policy & Statement of Fees & Charges.  It is my understanding that the original fees were determined on a market valuation based on location specific outdoor dining areas, conditional upon removal of all tables and chairs and the area being exposed to the elements.

 

The canopy will create a permanent structure on the footpath.  It is my understanding that this was not the original intention of Council and all structures should only be temporary.  The use of the area for outdoor dining area is also restricted in terms of hours of operation.  The licence infers non exclusive use.

 

I also have concerns regarding the extension of the area in front of a neighbouring property, i.e. the Legion Club main access.  The current location of tables and chairs on the footpath forces pedestrians or patrons of the Club to walk from the road along a driveway putting them at high risk of being hit by a vehicle entering or exiting the neighbouring property.  The visibility is also impaired by the current structure.  The increase in area will restrict the visibility further and cause greater public jeopardy.

 

It is my recommendation that the area be decreased in size as it is in the interest of public safety and the structure be removable.

 

Further to the above comments, Council’s Property Officer has also advised that the proposed planter box and wooden bench are located outside the licensed area and should be deleted form the plans.

 

It was also noted that the area is occupied through a license agreement NOT a lease. Consequently, the area should be left open and accessible outside the hours of operation.

 

Comments on the proposed extension to the licensed area:

 

The existing outdoor dining area extends beyond the projection of the Coogee Yeeros Café and into the Legions Club site frontage. The proposed extension would involve the licensed area encroaching further into the Legions Club site frontage.

 

Several issues are raised regarding the proposed extension:

 

·  Section 2.1 of Council’s Footpath Dining & Trading DCP (2004) states:

 

Only that part of the footpath or public place directly in front of a restaurant café may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

 

Consequently, the proposal to extend the footpath dining area further across the Legions Club site frontage does not appear to be in accordance with the DCP.

 

Comment:

The intent of this DCP control is to ensure that outdoor dining approvals do not adversely impact on adjoining premises. Consequently, the above clause is particularly important when:

The footpath dining areas are located at the property boundary; and/or

The adjoining premises are likely to seek consent for footpath dining in the future; and/or

The adjoining premises would experience significant adverse impacts from the proposal.

 

The proposed footpath dining area is located behind the kerb and should not adversely impact access to the club. Further, given that the adjoining ground floor  premises is the stairway access to the legion club which already has approval for outdoor dining on the balcony above the footpath, it is considered highly unlikely that the footpath area in front of the stairs would ever be used by the club for footpath dining.

 

Given the above, it appears that the extension should not cause significant adverse impacts on the legions club.

 

·     Section 2.1 of Council’s Footpath Dining & Trading DCP (2004) also states:

 

‘For trading areas longer than 10m, provide a 1.5 metre break in the centre of the trading area.’

 

Given that the trading area is already some 10.47 metres long, any extension should be accompanied by a 1.5 metre wide break in the centre.

 

Comment:

A condition has been included in this report requiring a 1.5 metre wide break to be provided in accordance with the above requirement.

 

·     A review of the Coogee Beach landscape plans and discussions with Council’s Parks & Recreation Coordinator confirmed that the Norfolk Island pines planted along Arden Street are located at 12.5 metre centres. Consequently, the proposed extension of the outdoor dining area will conflict with the location of the Norfolk Island pine tree to the north. Although this tree has been temporarily removed in accordance with LA 883/2005, it will be reinstated in the near future.

 

Comment:

An inspection if the site revealed that there will be sufficient space between the existing bollards and the edge of the extended dining area to facilitate the Norfolk Island Pine. The Director of City Services has indicated that he does not object to the tree being relocated to the north to facilitate the extension.

 

Given that the tree has not yet been reinstated ( in accordance with LA 883/2005), Council’s landscape technician has advised that the new tree will be positioned in the clear area to the north of the proposed licensed area.

 

Comments on the proposed awning structure

 

The proposal includes a new awning over the extended footpath dining area. Several concerns have been raised regarding the new awning and these are discussed below:

 

·  Approval of the awning structures may set an unwanted precedent for awnings in Coogee. Council recently engaged consultants to prepare design concepts for the Coogee Beach commercial strip including Coogee Bay Road and Arden Street from the southern end of the Coogee Bay Hotel site to Alfreda Street. This outdoor dining area falls within the scope of this study.  The consultancy has a 10 week programme and will be working with the Coogee Precinct Committee and Chamber of Commerce.  The poor quality of the street furniture together with the poor design of some of the outdoor dining spaces have been identified by the Coogee Bay Village Committee as some of the issues that need to be addressed during the consultancy.  Approval of the awning structure before the design concept is developed may result in a substandard result.

 

Comment:

It was previously suggested to the applicant to withdraw the application for the permanent awning over the footpath dining area until such time as the design concepts for the Coogee Beach Commercial strip are fully developed. This would ensure that the design is in full compliance with the design concept. However, it is understood that the applicant does not wish to withdraw the application or submit amended plans, consequently, the application must be determined based on the current submission.

 

Whilst it is preferable for the application to be deferred until the design concepts are complete, it is noted that Council’s Director of City Services has indicated that no objections are raised to the awning being approved. Given that the awning will replace the existing tent structures on the footpath, it is considered that the proposal will improve the streetscape in the short term.

 

To ensure that approval of the awning does not restrict Council’s ability to upgrade the Coogee Beach Commercial Precinct, a condition has been included in this report to ensure that following completion of the design guidelines for the Coogee Beach Commercial Precinct, the licensee will be required to abide by any directions issued by Council in relation to the awning structure and outdoor dining furniture.

 

·  Section 2.5.1 of Council’s Footpath Dining & Trading DCP (2004) states that furniture and fittings with footpath dining areas must be easily removed at the close of business each day.

 

Whilst being light weight, the awning structure proposed in this DA appears to be semi-permanent structure that will not be removed at the close of business each day.

 

Comment

Council’s Director of City Services does not object to the awning remaining on the footpath each night provided that it is built as a removal/demountable structure to allow Council or any other authority to access any services that may be within the proposed licence area when required. A condition regarding this matter has been included in this report.

 

·    The proposed canvas infill between the balcony and new awning will obscure the existing below awning Coogee Legions Club signage and detract from the street visibility of the Legions Club. Additionally, the infill will have the effect of enclosing the pedestrian space which is not in keeping with the vision for Arden Street.

 

Comment:

A condition has been included in this report requiring the canvas infill to be deleted

 

·    The existing street light (located within the licensed area) is shown as being deleted on the submitted plans to facilitate the new awning. Council’s City Services Department has advised that ‘This is not supported as it is one light in a system of lights that were installed in the original Coogee Beach Plaza scheme.  Viewed from the southern end of Arden Street or from the northern end of Arden Street, the loss of the street light will be noticeable and will detract from the ambience of the place at night.’

 

Comment:

A condition has been included in this report requiring the awning structure to be designed to allow the existing street light to be retained.  

 

Recommendations

Whilst it is preferable for the application to be deferred until the design concepts for Coogee Beach Commercial Strip are developed, it is considered that the proposed awnings are better than the existing tent structures located along Arden Street. Subject to inclusion of appropriate conditions (as detailed in this report), Council’s Director of City Services has advised that they raise no objection to the awning being approved.

Conditions of consent have been provided and are included in the recommendation section.

 

7.    EXTERNAL REFERRAL

 

The application has been referred to the Roads and Traffic Authority (RTA) for comment in July 2006 as Arden Street where the area of outdoor dining is situated is a classified road.  As no response has been received, the RTA was advised that if comments were not provided by 10 November 2006, Council would assume their concurrence.

 

8.    ENVIRONMENTAL ASSESSMENT

 

8.1       Randwick Local Environmental Plan 1998

 

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

 

8.2      Footpath Dining & Trading Development Control Plan

 

Location and Layout of Footpath Trading Activities

Performance Criteria & Controls

Compliance

Clear zone minimum width 2.0m

Complies, clear setback of 3.28m

Kerb setback 0.6m

Complies.

Clear zone minimum width 2.5m for locations adjacent to classified roads, busy footpaths and footpaths, in excess of 4m in width

Complies, clear setback of 3.28m.

For trading areas longer than 10m, provide a 1.5m break in the centre of the trading area (excluding doorways and other essential openings).

A suitable condition is included in the recommendation requiring a 1.5m break.

Provide a minimum break of 1.0m from public utilities including fire hydrants, rubbish bins, seats, telephones, bicycle stands, bus shelters, taxi ranks and parking meters.

Complies.

Provide a minimum break of 0.5m from all other street furniture including bollards, tree pits, street lights and traffic and electricity poles.

There is an existing street light which is in the middle of the seating area. A condition is included in the recommendation requiring an amendment to the design of the stricture to accommodate the pole.

Only that part of the footpath or public place directly in front of a restaurant/cafe may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

The intent of this control in the DCP is to ensure that outdoor dining approvals do not adversely impact upon adjoining premises, particularly with respect to access to adjoining premises. The proposed footpath dining area is located behind the kerb and will not hinder access to and from the Legion Club entrance with a 3.2m access way maintained.

 

 

Operating Hours

Performance Criteria and Controls

Compliance

Outdoor dining areas in Business zones:

(i) General Business zones: up to 10:00pm. Mondays to Saturdays and to 10:00 p.m. Sundays

Complies, existing hours of trading for outdoor seating area is until 10.00pm.

 

Amenity

Performance Criteria and Controls

Compliance

Demonstrate that the proposal will not have unreasonable impacts on the amenity of adjacent residences.

The original conditions of consent for the area of outdoor dining, which remain in force, stipulated the hours of trading, no emissions or nuisance be caused to adjoining or nearby premises and that the area is maintained in a clean condition.

 

Furniture and Fittings

Performance Criteria and Controls

Compliance

Dimensions fit into the footpath trading area.

A condition is included in the recommendation requiring the applicant to provide details of the furniture and layout of the seating prior to issuing of a Construction Certificate.

Are safe, sturdy, (but not bulky), waterproof and weather resistant, can be easily removed at the close of business each day, will not damage the footpath or other public infrastructure or pose a trip/fall hazard or inconvenience to the public.

Conditioned.

Are weighted down or otherwise secured so as to prevent accidental dislodgement (e.g. umbrellas, A-frames).

Conditioned.

Define a footpath trading activity by landscape planter boxes and flowerpots, bollards or screens (all to a maximum 1.2m height and maximum 1.8m length) provided they are located within the boundaries of footpath trading area and are removable at the close of business or otherwise designed as an integral part of a public open space area. Fittings are supplied and maintained at the expense of the applicant.

A condition of consent is included to require that the awning structure does not encroach outside the licensed area and is demountable and removable.

Do not define the footpath trading area by full height solid or plastic screens or any other type of enclosure.

There are no major objections to the plastic screens as they will replace existing screens and provide protection from the elements for patrons within an exposed coastal setting.

 

Lighting and Heating

Performance Criteria and Controls

Compliance

Provide lighting and/or heating adequate for safety and amenity for all patrons.

Under awning lights proposed.

 


Advertising and Signage

 

Performance Criteria and Controls

Compliance

Comply with Randwick Outdoor Advertising DCP.

A condition of consent has been imposed limiting the proposal to one requiring sign to the awnings details of wording and colour to be provided to Council prior to the issuing of a Construction Certificate.

Signage should not be provided within footpath trading areas except on umbrellas, shade structures, and screens and only where it is incidental. Incidental signage includes business identification, and/or a product brand which is a core part of the business and, which is supplied by the premises to their patrons within the footpath trading area.

A condition of consent is included to require that the proposed signage to the canopy is to be incidental only to identify the business.

 

Toilets and Sanitary Facilities

Performance Criteria and Controls

Compliance

Provide adequate toilet and sanitary facilities to cater for patrons.

There is a toilet within the café which can be accessed upon request, and in addition there are public toilet facilities directly opposite in Goldstein Reserve.

Development Control Plan – Parking

The proposal has been assessed in accordance with Council’s DCP for parking. As there is to be no increase in the internal floor area of the restaurant, additional parking will not be required.

 

9    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 8:     A Strong Local Economy.

 

Directions 8a & 8e:   Vibrant business, commercial and industrial sectors that provide ongoing and diverse employment opportunities, tourism’s important role in the local economy is acknowledged.

 

10  CONCLUSION

 

The proposed erection of a removable/demountable canopy structure to the existing outdoor dining area subject to suitable conditions of consent will not result in any significant impact upon the visual amenity of the beach front or the amenity of nearby and adjoining residents and is recommended for approval.

 

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.550/06 for permission to erect a removable/demountable canopy and increase the size of the outdoor dining area at 200-210 Arden Street Coogee subject to the following conditions: -

 

1.       The development must be implemented substantially in accordance with the plans numbered .01, dated 08/06/2006 and received by Council on 10 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 hours of operation of the footway dining area must be restricted to 6.00am to 10.00pm Monday to Sunday.

 

3.       Advertising signage shall be limited to a single sign to the canopy and must be for business identification only, details of wording, colours and dimensions of lettering are to be submitted to and approved by Director of  City Planning prior to the issuing of a Construction Certificate.

 

4.       The structure is to be free standing and not attached to the building or the support columns of the verandah above.

 

5.         Details of the seating arrangements must be submitted to and approved by the Director of  City Planning prior to issuing of a Construction Certificate.

 

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.

 

6          In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

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

 

8          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.

 

9          The footpath within and adjacent to the outdoor seating area must be maintained in a clean condition, free from grease, foodstuffs, litter and waste materials at all times.

 

The footpath must be cleaned thoroughly on a regular basis, in a manner that is environmentally satisfactory and waste receptacles (eg. ash trays) must be provided within the area for customers.

 

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

 

10        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.

 

11        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.

 

12        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.

 

13        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.

 

14        Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building 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.

 

15        No portion of the awning shall encroach outside of the proposed licensed area. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

16        The proposed planter box and wooden bench seat are located outside of the licensed area and shall be deleted from the plans.

 

17        The proposed canvas infill between the underside of the Legion Club awning/veranda and the new awning over the outdoor dining area shall be deleted. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

18        The proposed awning structure shall be designed to allow the existing street light (located within the licensed area) to be retained. Should the street light be damaged during the works, the applicant shall meet all costs associated with repairing/replacing the street light as required.

 

19        The awning structure shall be designed as a demountable/removable structure to ensure that the footpath and any services within the footpath are accessible by Council and the service authorities when required.

 

20        The proposed roller blinds shall be removed or rolled up outside the hours of the license agreement to ensure that the section of the footpath is left open and available for use by the public.

 

21        Prior to erection of any structures in the road reserve, detailed design plans for the proposed awning structure shall be submitted to Council’s Director of City Services for approval in accordance with Section 138 of the Roads Act 1993. The detailed design plans shall be prepared by a suitably qualified structural engineer.

 

22        The new awning structure shall be set back at least 0.60 metres from the face of kerb in Arden Street.

 

26        The supporting elements/footings for the awning structure over council’s footpath shall be located clear of any services to ensure that excavation works required to access services will not effect the supporting elements.

 

27        All works on the proposed awning structure along the Arden street site frontage shall be undertaken by a Council approved contractor. The contractor engaged to undertake the works must hold full public liability in relation to any claims sustained as a result of construction of the awning.

 

The contractor must keep a policy of public risk insurance with respect to the works on Council property. The limit of public risk shall be not less than $10,000,000 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 as a result of the awning construction.

 

b.   The policy must name the Council as the owner and the contractors undertaking the work 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 submitted to Council prior to the commencement of work on Council property.

 

28        Prior to using the outdoor dining area after the new awning has been erected, the applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath within or adjacent to the proposed licensed area. This includes replacing any broken or uneven areas of paving.

 

29        A minimum 3.00 metre wide unimpeded pedestrian footway shall be maintained along Arden Street at all times.

 

30        In accordance with Council’s Development Control Plan “Footpath Dining & Trading” a 1.5 metre break shall be provided in the centre of the extended trading area to facilitate pedestrian movements from the kerb through to the 3 metre wide pedestrian footway.

 

31        Prior to operation of the extended footpath restaurant the applicant/proposed Licensee shall enter into a formal license agreement with Council covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

32        The Licensee must keep in full force and effect for the term of the license agreement established, a policy of public risk insurance with respect to the licensed area (including the awning structure) and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 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 licensed area.

b.         The policy must name the Council as the owner and the Licensee as the insured and must contain a clause that the insurer will not cancel or change the insurance without first given 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 Licensee to the Council

 

33        The Licensee shall indemnify Council for the full duration of the license agreement from and against all claims, demands, writs, etc. as set out in the formal license agreement.

 

34        The style and colour of the furniture to be used in the footpath restaurant area shall be in accordance with the Development Control Plan “Footpath Dining & Trading”. No other structures shall be installed without the prior written consent of Council. Design details of the proposed furniture shall be submitted to and approved by the Director of  City Planning, prior to the execution of a formal license agreement between Council and the applicant.

 

All street furniture is to be removed from the licensed area outside approved trading hours.

 

35        The applicant shall ensure that the footpath restaurant area is maintained in a clean and tidy condition at all times. It is noted that this includes high pressure water blasting to clean the footpath restaurant area at least once every 6 months or as directed by Council’s officers.

 

36        The footpath restaurant area Licensee shall ensure that the pavement of the footpath restaurant area is maintained free of grease and other foodstuffs at all times.

 

37        The footpath restaurant area Licensee shall, during the term of the agreement with Council, abide with any current or future Council Policy, Resolution or directive relative to the consumption of alcohol in public spaces.

 

38        The licensee of the outdoor dining area shall meet the full cost for the awning structure (and associated supporting elements/footings) located over Council’s footpath to be removed (and the area reinstated to the satisfaction of Council), if either:-

 

(1)      The duration of the licence agreement expires and a new licence is not entered into; or

(2)      The licensee fails to comply with the terms of the licence agreement and/or Council determines that the awning structure is posing as a safety hazard or obstructing pedestrian traffic; or

(3)      The new design guidelines for the Coogee Beach Precinct determine that the awning structure is not appropriate

 

39        The licensee of the outdoor dining area shall clean, maintain, renew and repair the awning structure located over the public footway along the Arden Street site frontage, with all works being undertaken to the satisfaction of Council.

 

40        The licensee of the outdoor dining area shall hold full public liability in relation to any claims sustained as a result of the awning structure.

 

41        No structures shall be erected, nor goods stored, nor any work carried out in, on or over the public footway other than those approved by Council.

 

42        The licensee of the outdoor dining area shall abide with any directive given by any utility authority in relation to access requirements to any utility within the licensed area.

 

43        Following completion of the design guidelines for the Coogee Beach Commercial Precinct, the licensee will be required to abide by any directions issued by Council in relation to the awning structure and outdoor dining furniture.

 

44        This development consent is valid for a maximum period of seven (7) years from the date of determination. A new development application is to be lodged prior to the expiration of the development consent should the Licensee/owner wish to continue using Council’s footpath for outdoor dining.

 

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

 

45        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.

 

46        Written confirmation from the service authorities confirming that they do not object to the location of the awning structure (and associated supporting elements/footings) shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

47        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 authorities.

 

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

 

48        Should the Norfolk Island Pine tree(s) located adjacent to the outdoor dining area be damaged during the construction works, the applicant shall meet the full cost for Council to plant established replacement trees at the completion of the works. If the location of the pine tree to the north conflicts with the proposed awning, the applicant shall meet the full cost for council or a council approved contractor to relocate the tree and surrounds.

 

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

 

49        Access for people with disabilities must be provided to and within the enclosures to the satisfaction of the Certifying Authority.  Details of the proposed access for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

The following condition is applied to ensure that sanitary facilities are available   for patrons and staff:

 

50        Provide signage, located in a prominent location in the enclosure, indicating the availability and location of the public toilet facilities in Goldstein Reserve and that a toilet is available on site that may be accessed on request. The signs must be legible with letters of at least 25mm in height on a contrasting background to the satisfaction of the Certifying Authority.

 

ADVISORY MATTERS:

 

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

 

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

 

a)       Part B1                      -       Structural provisions

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil.

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

GENERAL MANAGER'S REPORT 43/2006

 

 

SUBJECT:

SEPTEMBER 2006 QUARTERLY REVIEW - MANAGEMENT PLAN 2006/09

 

 

DATE:

28 November, 2006

FILE NO:

F2006/00339

 

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

The purpose of this Report is to update Councillors and the community on the implementation of the 2006/09 Management Plan.

 

ISSUES:

 

This is the September 2006 Quarterly Review of the 2006/09 Management Plan. Under the Local Government Act 1993, there is the requirement that a Report must be provided after the end of each quarter, detailing the extent to which performance indicators and targets set by Council’s Management Plan have been achieved during the quarter.

 

The Report is set out in two main sections, the first being a list of key achievements for the quarter. The second outlines progress against the actions in the Management Plan, tabled for each Department and according to the Outcomes of the Randwick City Plan.

 

Given that a new format was created for the 2006/09 Management Plan, to achieve alignment with Council’s 20 year Randwick City Plan, the format of this Quarterly Report also differs from those previously produced. This Report uses an interim format that will be improved for the next quarter (December). In reading this report the main column of interest is ‘Comments. What has been done to implement Actions’. Given that it is the first quarter of reporting against the 2006/09 Management Plan the number of ‘Actual Results’ are minimal, this will however increase exponentially over the reporting period.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1: Leadership in Sustainability

Direction 1a : Council has a long term vision based on sustainability

Direction 1d :    Continuous improvement based on accountability, transparency and good governance.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The purpose of the September Quarter Report is to inform and update Council and the community on the progress of all actions as set out in the adopted Management Plan 2006-2009.  In addition, given that the Management Plan is based on the 20 year Randwick City Plan the September Quarter Report also provides a level of accountability against our long term vision for the City of Randwick.

 

RECOMMENDATION:

 

That the information contained in the report of the September 2006 Quarterly Review – 2006/09 Management Plan be received and noted.

 

ATTACHMENT/S:

 

1.       September 2006 QTR Review Report - 2006/09 Management Plan - Under Separate Cover .

 

 

 

 

..............................................

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 44/2006

 

 

SUBJECT:

2005/2006 ANNUAL REPORT

 

 

DATE:

20 November, 2006

FILE NO:

F2005/00388

 

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

Under Section 428 of the Local Government Act 1993, Council must prepare an Annual Report and publish it by 30 November each year.  The Annual Report must also include the Audited Financial Report.

 

ISSUES:

 

The 2004/2005 Annual Report has been prepared in accordance with the Act.  The Act requires that the Annual Report includes (among other things) the Audited Financial Reports (which are the subject or a separate report to Council and are not included as an attachment to this report), the State of the Environment Report (which is the subject of a separate report on this business paper) and access and equity activities undertaken by Council during the year.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1: Leadership in Sustainability

Direction 1a: Council has a long term vision based on sustainability.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The 2005/2006 Annual Report will be sent to the Minister by 30 November 2006.  The report will also be available on Council’s web site, but will not include all the graphics so that it is quicker for the community to download and access it.  Copies will also be placed in the Council Libraries and will be made available to all Councillors.

 

RECOMMENDATION:

 

That the 2005/2006 Annual Report be received and noted.

 

ATTACHMENT/S:

 

Nil .

 

 

..............................................

GENERAL MANAGER

 

 

 

 

 


 

GENERAL MANAGER'S REPORT 45/2006

 

 

SUBJECT:

RANDWICK CITY STATE OF THE ENVIRONMENT REPORT 2006

 

 

DATE:

28 November, 2006

FILE NO:

F2005/00915

 

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

The Randwick City State of the Environment Report (SoER) 2005/06 has been produced in accordance with the requirements of the Local Government Amendment (Ecologically Sustainable Development) Act 1997, which requires Councils to annually prepare a SoER. A comprehensive SoER must be produced once every 4 years, whilst every other year Council compiles a supplementary SoER. This SoER is a supplementary report and covers the reporting period from 1 July 2005 to the 30 June 2006.

 

ISSUES:

 

As part of an innovative move towards more integrated and holistic sustainability reporting this SoER will be an attachment to Randwick City Council’s broader Annual Report. This initiative is supported by the Department of Local Government. The SoER will also be graphically designed in keeping with the Annual Report.

 

Over the course of the 2005/06 year Randwick Council continued to demonstrate a strong commitment towards sustainability, particularly through the adoption of the 20 year Randwick City Plan, and the ongoing ‘Sustaining Our City’ Environmental Levy program. Randwick Council also undertook a range of consultations with the community regarding a number of environmental aspects and projects, examples of which are outlined in the introductory section of the SoER.

 

Council received a number of awards recognising sustainability achievements during the reporting period. Of particular note was Randwick Council being the ‘Overall Sustainability Winner’ in the Excellence in the Environment Awards (Local Government & Shires Association – Dec 2005).

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1: Leadership in Sustainability

Direction 1a: Council has a long term vision based on sustainability

Outcome 10: A Healthy Environment (all of the Directions).

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The Randwick City State of the Environment Report 2005/06 meets the requirements of the Local Government Amendment (Ecologically Sustainable Development) Act 1997 and highlights Randwick City Council’s strong and pro-active commitment towards sustainability.

 

RECOMMENDATION:

 

That the information contained in the Randwick City State of the Environment Report 2005/06 be received and noted.

 

ATTACHMENT/S:

 

Randwick City State of the Environment Report 2005/06 .

 

 

 

 

..............................................

GENERAL MANAGER

 

 

 


ATTACHMENT 1:

 

RANDWICK CITY

STATE OF THE ENVIRONMENT REPORT 2005/06

 

 

CONTENTS

 

Section

 

Page Number

1

Introduction

2

2

Atmosphere

4

3

Biodiversity

6

4

Heritage

9

5

Land

11

6

Noise

13

7

Social Health

15

8

Waste

16

9

Water

17

 

 

 

Table Number

 

Table

 

Page Number

 

1

 

Hours of Bush Regeneration and Indigenous Revegetation Work

 

 

7

 

2

Number and type of Aboriginal sites recorded AHIMS Register

 

 

10

 

3

Number of Development Applications relating to heritage items

 

 

10

4

 

Number of Applications

12

5

 

Grants Provided by Council

16

6

 

Local Beachwatch Data for 2005/06

17

 

 

 

 

 

1       Introduction

 

This report has been produced in accordance with the requirements of the Local Government Amendment (Ecologically Sustainable Development) Act 1997, which requires Councils to annually prepare a State of the Environment Report (SoER). A comprehensive SoER must be produced once every four years, whilst every other year Council compiles a supplementary SoER. This SoER is a supplementary report and covers the reporting period from 1 July 2005 to 30th June 2006.

 

This SoER is an attachment to Randwick Council’s broader Annual Report, as part of a move towards more integrated and holistic sustainability reporting.

 

Over the course of the 2005/06 year Randwick Council continued to demonstrate a strong commitment towards sustainability, particularly through the adoption of the 20 year Randwick City Plan, and the ongoing ‘Sustaining Our City’ Environmental Levy program.

 

Council received a number of awards recognising sustainability achievements during the reporting period, and these are detailed in Council’s Annual Report. Of particular note was Randwick Council being awarded the ‘Overall Sustainability Winner’ in the Excellence in the Environment Awards (Local Government and Shires Association – December 2005).

Community Environmental Consultation

 

During 2005/06 Randwick Council undertook a range of consultations with the community to gain a better understanding of a number of environmental issues from the community’s perspective, as well as to gather a range of suggestionscommunity information on, and responses with regards to specific, specific projects and more broadly.

 

Some examples of the environmental consultation undertaken include:

 

- Land remediation projects (i.e. Malabar Landfill and Bicentennial Park) where consultation involved discussing the concept plans with the community, and on-site sessions information meetings, surveys, meetings with Precinct Committees, web information, with groups. The consultations also included information on our website, a letter box drops, and a survey., and feedback to stakeholder representatives on responses to community submissions.

 

- Extensions and upgrades of the Coastal Walkway included on-site meetings with residents to discuss environmental and public risk issues.

 

- The Bundock Street Community Reference Group consisting of community, Council, and Department of Defence representatives continued to meet quarterly and there were ongoing consultations on the developing Randwick Environmental Park.Community Reference group consisting of community, Council, and Department of Defense representatives continued to meet quarterly.

 

- In finalising the 20 year Randwick City Plan, Council continued to receive community feedback regarding the long term sustainability issues facing Randwick City, and ways to address them.

 

- In 2005 Council undertook a “Who Cares” Environmental Attitudes Survey to collect views and perceptions of the most important environmental issues for Randwick residents.

 

- Prior to Council installing new Gross Pollutant Traps (GPT’s) at Coogee and Clovelly, residents were informed on the construction work via a letter box drop.

 

- Best Green Innovations (Best GRIN): Randwick Council commenced a Best Green Innovation environmental suggestion box, encouraging residents to submit their good ideas on how we can protect and improve our environment. A number of suggestions received are being followed up by Council’s ‘Sustaining Our City’ team.

 

- Ongoing consultation through a range of mediums mediums/avenues including the Randwick City’s eleven Precinct (resident) groupsCommittees, Combined Chambers of Commerce meetings, resident workshops, meetings, surveys and Council’s website (www.randwick.nsw.gov.au).

 

2       Atmosphere

 

Since the atmospheric systems that affect Randwick City are on a much greater scale than the Council area the environmental issues that arise, such as air pollution, are created in a much larger context (perhaps the whole metropolitan area and beyond). Given Council’s inability to have a major influence on atmospheric systems, it is not a key focus of our operations and planning. However within a more limited sphere of influence, a number of initiatives are implemented.

 

Management Objective

 

Areas of Council Action

 

Indicators and Responses

·         In 2005, Council adopted a 20% energy reduction target for energy consumed at Council sites and buildings. This has created a new focus for energy saving initiatives across the local government area.

 

·         Council is now participating in a detailed monitoring and reporting process with PlanetFootprint, which provides Council with historic and current energy consumption data for Council sites. This data enables Council to better understand higher consumption patterns in Council buildings and to plan and implement measures to reduce energy conservation and emissions of greenhouse gases.

 

·         Randwick has undertaken an Update of its 1998 Bike Plan to strengthen priorities for expanding the cycling network across the LGA and linking it into priority cycling paths in our adjacent council areas.

 

·         Council has undertaken extensive energy audits of high use sites and submitted its Energy Savings Plan to the Department of Energy, Utilities and Sustainability. This Plan will form the basis of future energy saving implementation.

 

·         Solar blankets and heating at Council’s Des Renford Aquatic Centre have saved almost 20 percent of heating and water costs in the first 12 months of operation.

 

·         A two kilowatt demonstration solar panel project has been constructed at Council’s Depot, leading the way for an expanded 10 kilowatt solar panel project to be completed by the end of 2006.

 

·         55,000 energy efficient globes were distributed to residents over a three-month period, which equates to a saving of 25,000 tonnes of greenhouse gas over the life of the globes - the equivalent of taking 5,555 cars off the road for a year.

 

·         Bicycle lane network improvements were created in various areas to encourage cycling rather than car use, and 30 new bicycle racks were installed at various locations.

 

·         Transport planning initiatives – Council participated in a Light Rail Taskforce to lobby for light rail to be reintroduced to Randwick City.

 

3       Biodiversity

 

Biological diversity (or biodiversity) has been defined as: “The variety of all life forms – the different plants, animals and micro-organisms, the genes they contain and the ecosystems of which they form part.” (National Strategy for the Conservation of Australia’s Biological Diversity, 1996).

 

Biodiversity supports the critical ecosystem processes that make life possible: the quality of the atmosphere, fresh water, soil formation, cycling of nutrients and disposal of wastes. We rely on elements of biodiversity for food, clothing and other raw materials, controlling pests and curing diseases. There are also aesthetic and other cultural reasons why biodiversity is important (Environment Australia, 1998).

 

Management Objective

 

Areas of Council Action

 

 

Indicators and Responses

 

Bushcare program

 

·         Commenced three new bushcare groups at the McIvers Baths in Grant  Reserve, Coogee, in Bunnerong Rd, and in Chifley bushland.

 

·         The following table outlines the number of hours spent working on bush regeneration in remnant vegetation, targeted weed control adjacent to bushland and larger native revegetation sites where plants grown from locally collected seed have been planted. The work was performed by Council bushland staff, bush regeneration contractors and supervised Bushcare volunteers.

 

The amount of work on Council land has increased slightly but it includes the shortfall in work from the previous year. This is a consequence of the bush regeneration contracts occurring on a financial year basis.  The average number of hours expected to be performed each year from 2003/04 is 11,500.

 

The following figures include work done by Council and by other major landholders such as National Parks and Wildlife in Botany Bay National Park, Centennial Parklands and The Coast, NSW and St Michaels Golf Courses.

 


 

Table 1: Hours of Bush Regeneration and Indigenous Revegetation Work

 

Hours of Bush Regeneration and Indigenous Revegetation Work

 

2001 / 2002

2002 / 2003

2003 / 2004

2004 / 2005

2005/2006

Council land

7,380

7,698

11,733

7,820

14,732

Non-Council land

1,479

2,435

4,785

c.6,400

4,824

TOTAL

8,859

10,133

16,518

c.14,220

19,556

 

c. approximate

 

·         Council completed the first draft of a Biodiversity Strategy with the aim of long term conservation of local native plants and animals.  This is expected to be in place next year.

 

·         No remnant plant communities have been removed. This is the first time in a number of years that this has been the case.

 

·         New records of local native plants in the past year included five new species, a groundcover, two grasses and two small shrubs, bringing the total to 518 species. Viola seiberana & Clerodendron tomentosum (Woomera) & Olearia viscidula, Austrodanthonia semiannularis & Aristida vegans (Malabar Headland West).

 

·         One specimen of the uncommon Ground Parrot, Pezoporus wallicus, was sighted at Malabar Headland.

 

·         Imogine lateotentare , a marine flatworm was identified in the waters off Randwick City.

 

·         Themeda Grasslands were declared an endangered ecological community.  A number of remnants of this grassland community exist on Randwick