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

 

 

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 13TH FEBRUARY 2007 AT 6.30 P.M.

 

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

 

Quorum:                              Eight (8) members.

 

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

 

 

1           Apologies/Granting of leave of absences

 

2           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE HEALTH, BUILDING & PLANNING COMMITTEE MEETING HELD ON TUESDAY, 5TH DECEMBER 2006.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addressing of Committee by Members of the Public

 

5           Urgent Business

 

6           Development Applications

 

6.1                      

Development Application Report - 36 Curtin Crescent, Maroubra.

2

6.2                      

Development Application Report - 45 Market Street, Randwick.

22

6.3                      

Development Application Report - 268-270 Anzac Parade, Kensington.

71

6.4                      

Development Application Report - 23 McLennan Avenue, Randwick.

96

6.5                      

Development Application Report - 2-20 Newton Street, Little Bay

(Lot 4).

132

6.6                      

Development Application Report – 14 Pearce Street, South Coogee.

170

6.7                      

Development Application Report - 11 Liguria Street, Maroubra.

201

6.8                      

 Development Application Report - 147 Avoca Street, Randwick.

238

6.9                      

Development Application Report - 2-14 & 16-26 Burragulung Street, Randwick.  

256

6.10

Development Application Report - 1891 Botany Road, Matraville. 

TO BE DISTRIBUTED SEPARATELY.

 

 

7           Miscellaneous

 

7.1                      

DIRECTOR, CITY PLANNING REPORT 4/2007  CLASSIFICATION OF LAND UNDER THE LOCAL GOVERNMENT ACT, 1993 - 206/97 BOYCE ROAD, 215/1 AND 216/1 BRUCE BENNETTS PLACE, MAROUBRA JUNCTION (THE PACIFIC SQUARE DEVELOPMENT)

299

 

 

8           Confidential Items (Closed Session)

 

9           Notice of Rescission Motions

 

 

 

 

…………………………………

GENERAL MANAGER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

21 December, 2006

FILE NO:

DA/867/2006 & PROP012613

 

PROPOSAL:

 Outdoor seating/smoking area accommodating approximately 20 people for the "Sands Hotel".

PROPERTY:

 36 Curtin Crescent, Maroubra

WARD:

 South Ward

APPLICANT:

 Edifice Design Pty Ltd.

OWNER:

Gale Street Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is reported to the Health, Building & Planning Committee as a petition with 104 signatures objecting to the proposal was tabled at the Ordinary Council Meeting of 28 November 2006.

 

The proposal involves the construction of a semi-enclosed ‘smoker’s terrace’ at ground level adjacent to the southern entrance of the Sands Hotel at 36 Curtin Crescent, Maroubra. The area would accommodate approximately 20 people and would need to be licensed under the Liquor Act.

 

The proposal is in response to the State Government’s Smoke Free Environment Act 2000, which will ban smoking in enclosed areas in 2007.

 

The proposal was also the subject of 10 objections and 10 letters of support. Those objecting to the proposal were principally concerned about the potential increase in levels of noise and anti-social behaviour. There were also concerns about cigarette fumes, and the potential for the smoking area to hinder the operation of the car-park. Those in support generally considered the proposal an appropriate response to the new legislation.

 

The proposal was accompanied by specialist reports for noise and parking impacts. The environmental impacts were, on balance, found to be acceptable.

 

Approval subject to conditions is recommended.

 

2.    THE PROPOSAL

 

The proposal involves the construction of a semi-enclosed ‘smoker’s terrace’ at ground level adjacent to the southern entrance of the Sands Hotel at 36 Curtin Crescent, Maroubra. The proposal is in response to the State Government’s Smoke Free Environment Act 2000, which will ban smoking in enclosed areas in 2007.

 

The smoker’s terrace is triangular in shape and approximately 38 square metres in area. Large bi-fold doors make up most of the southern external walls and there is a ventilation gap of approximately 1.3 metres between the top of the external walls and the roof. The ventilation gap is large enough to allow the bi-fold doors to be completely closed at night, during inclement weather or as necessary, and still comply with ventilation requirements. A compliance statement has been submitted by the applicant.

 

The area would accommodate approximately 20 patrons of the Hotel and would need to be a licensed under the Liquor Act for the service of alcohol.

 

The proposal is accompanied by specialist reports for traffic and noise impacts.

 

The proposal also involves signage and a minor alteration to the layout of the car-park to accommodate landscaping works.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The Sands Hotel is part of the South Maroubra Village Shopping Centre. The Hotel is on a 2909 square metre lot with an irregular shape. The lot has a 27.5 metre frontage to Curtin Crescent. Those parts of the site that are not built upon are used for car-parking and turning areas and are generally subject to a Right of Carriageway. It would be fair to say that the proposed smoking area is located on the only available vacant space at ground level.

 

The Maroubra Bay Retirement Village is immediately to the north and east of the Hotel. The South Maroubra Shopping Centre is to the west. The nearest dwelling is approximately 45 metres to the south. There is a children’s playground within the South Maroubra Village Green approximately 45 metres to the south-west.

 

The zone hierarchy of the local area is typical of a neighbourhood shopping centre. The local business zone is buffered by an open space zone and then immediately surrounded by a medium density residential zone. Ground-level car-parking and two-storey commercial buildings dominate the character of the business zone. Multi-unit and detached housing dominate the character of the residential zone. Figure 1 shows an aerial photograph of the site and locality.

Figure 1. An aerial photograph of the subject site and the locality.

 

4.    SITE HISTORY

 

The original hotel was approved in 1969 and probably constructed during the early 1970s. Council’s database shows the following record of building and development approvals:

 

·         BA/550/1969, Hotel

·         BA/31/1979, Alterations and Additions. 

·         DA/144/1978, Use part of the basement area of existing hotel for bulk liquor sales 

·         DA/99/1982, Demolish existing toilet facilities on ground floor & provide alternate facility in exist basement.

·         DA/264/1982, Demolish existing ground floor toilet facility & provide alternate facility in basement

·         DA/178/1998, Alter & add to existing hotel 6 additional rooms & construct a garden/bbq area

·         BA/1440/1988, Addition of 6 units to existing hotel

·         BA/1082/1998, Six additional motel units to existing hotel

·         DA/1675/1999, Formalise Public Entertainment Licence

·         DA/622/2000, Upgrade & refurbishment of Sands Hotel, bar & bistro.

·         DA/622/2000/A, Sec 96 to carry out internal changes to reduce the bar servery area, increase poker TAB from existing bar and adjacent to gaming room.

·         DA/229/2001, Enclose the drive through and alterations and additions to the bottle shop including increasing the size of the cool room.

·         CC/93/2001, Alterations & addition to sands hotel.

·         CC/581/2001, Alterations to bottle shop Sands Hotel.

·         LA/128/2001, Application for Place of Public Entertainment Licence - Sands Hotel for 150 patrons.

·         DA/622/2000/B, Section 96 modification to extend live entertainment hours to commence at 10am

·         DA/571/2003, Construction of a steel framed glass enclosure to new beer garden, new access doors from Tab/gaming/bar area to beer garden, enclose exit alcove, enclose external staircase and landscaping to Sands Hotel

·         CC/286/2004, New Beer garden 

·         DA/571/2003/A, Section 96(1A) Application - To change the approved steel louvres to fixed glass windows along the northern & southern elevations to the newly approved enclosed beer garden.

·         CC/392/2005, Construction of a steel framed glass enclosure to new beer garden, new access doors from Tab/gaming/bar area to beer garden, enclose exit alcove, enclose external staircase and landscaping to Sands Hotel

·         DA/537/2005, Installation of a ducted air conditioning unit in the middle of the hotel roof for the beer garden (Sands Hotel),

·         CC/675/2005, Installation of mechanical ventilation to beer garden of Sands Hotel.

 

5.    COMMUNITY CONSULTATION:

 

The proposal was advertised and notified, and the site signposted in accordance with Council’s policy - Public Notification of Development Proposals. Objections and letters of support were received. The authors of submissions are listed below. The issues raised are categorised to allow detailed comments from Council staff.

 

5.1 Petitions and Objections

 

Helmut and Suzanne Summerauer, local resident

J Kram, local resident

Judith Keyes, local resident

Alan and Terry Milligan, local resident

Philip and Amanda Duthie, local resident

Jill and Paul Rheuben, local resident

Roman Polura, local resident

John Ventoura, on behalf of Fotini Ventoura, local resident

G and H Lillis, local resident

Cindy & Kuan How, local resident

104 signature petition.

 

Issue: Council’s notification procedures were inadequate.

One objector was concerned that they were not personally notified, another was concerned about the location of the Council signage.

 

The application was notified to adjoining neighbours, advertised in the local press and the site signposted in accordance with Council policy. All address records were extracting from Council’s property database.

 

Issue: The impact of noise from hotel patrons in the outdoor smoking area.

A principle concern for many objectors was the potential for more noise to emanate from the smoker’s terrace, particularly if the bi-fold doors are open, and particularly at night.

 

The proposal incorporates acoustically sealed bi-fold doors that are to be closed at night. The proposal was accompanied by a noise impact assessment. The report was reviewed by Council’s Environmental Health Officer and found to be satisfactory, as outlined in section 6.2 of this report. Several conditions are included in the recommendation to address noise impact.

 

Issue: The impact of anti-social behaviour of hotel patrons.

Another principle concern for many objectors was the potential for the smoker’s terrace to increase the incidence of anti-social behaviour in the area. Many nearby residents explained their experience of swearing, vandalism, littering, streaking, urinating, boisterous behaviour, brawling, inappropriate driving, loud music, and congregating in the hotel car-park after closing. Particular concern was raised about the proximity of patrons in the smoking area to the children on the nearby play equipment.

 

The smoker’s terrace is not expected significantly increase or change the type of patronage at the hotel. It is designed for and expected to be used by the existing clientele. The proposed structure is likely to act as a barrier to people that would otherwise temporarily leave the hotel premises and congregate adjacent to the entry to smoke. Therefore, it is considered that the present level of anti-social behaviour experienced by local residents is not likely to significantly increase.

 

Issue: The likely increase in crime.

Several objectors were concerned that the proposed development would lead to an increase in crime including break-and-enters and vandalism.

 

The application was referred to the Crime Prevention Unit (CPU) of the Maroubra Police. The CPU has recommended several measures to minimise the likelihood of crime. These measures are included as conditions in the recommendation.

 

Issue: The impact of cigarette smoke on nearby facilities.

There was some concern for the effects of passive smoking on the occupants of the retirement village, nearby residents and children that use the adjacent playground.

 

The full impact of ‘passive smoking’ is outside the scope of this assessment. It is sufficient for this proposal to consider that the State Government’s ‘Smoke-Free Environment’ legislation prohibits smoking in enclosed areas, and does not prohibit smoking in areas that are out-doors. It is considered that the distance between the proposed smoker’s terrace and nearby facilities is sufficient to mitigate the nuisance of cigarette smoke, and the provision of the outdoor smoking area is generally in the interests of public health.

 

Issue: The impact of extended trading hours.

Several submissions oppose extended trading hours.

 

The applicant does not propose extended trading hours. There are conditions in the recommendation that confirm the hours of operation for the smoker’s garden and associated hotel areas.

 

Issue: The potential impact of the smoking terrace on the function of the car park.

The smoker’s garden is on a hard stand area adjacent to the car-park. Anecdotal evidence (such as the aerial photograph in this report) shows that this area is used for car-parking.

 

The area is not formally designated or required under the DCP as car-parking or turning area.

 

Issue: Alternate sites are available for the outdoor smoking area.

Several objectors made reference to an alternate area for the smoker’s terrace. In particular, the Hotel’s beer garden was offered as an alternative.

 

The Hotel’s beer garden, which is immediately adjacent to the proposed smoking area is enclosed and cannot be used as a smoking area. There may be feasible alternatives, but these are not the subject of the present development application.

 

Issue: The proposed addition lacks aesthetic merit.

This issue was raised in one objection, but was not explained.

 

The proposed structure complements the scale of the existing building and generally reflects the existing rhythm of wall openings. Building materials also complement the existing building. The architectural and aesthetic merit of the proposal is considered to be sound.

 

5.2 Support

 

KL Schott, local resident

P Dray, local resident

Carol Medeires, resident of Botany City Council

Jo-Ellen Wynne, resident of Botany City Council

A Hensly, local resident

Jason Cummings, local resident

Jonathan Pedley, local resident

John Vidal, local resident

Daniel Cinelli, local resident

Ted Ellingford, local resident

Lorraine Newnham, Village Manager, Maroubra Garden Village

 

The letters of support generally offer that the proposed smoker’s garden would be an appropriate response to the new smoke-free legislation and a matter of equity and convenience for smokers and non-smokers.

 

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. Where required, conditions are included in the recommendation.

 


6.1 Engineering Assessment Officer.

 

An application has been received for alterations and additions to the existing commercial premises at the above site, including modification of the carpark and provision of an outdoor terrace area.

 

Landscape Comments

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

 

Flooding Comments

The Planning Officer is advised that the subject development site may be subject to stormwater inundation during major storm events.

 

In assessing developments located in areas that may be subject to flooding, Council seeks to ensure that the proposed development will not exacerbate the existing flooding problems or expose greater floor areas to risk of stormwater inundation. It is noted that this typically involves all new habitable and storage areas being raised a minimum of 300mm above the 1 in 100 year flood level for the site (determined through the completion of a flood study).

 

Following a site inspection and examination of the submitted plans, the Development Engineer considers that the changes should not exacerbate existing flooding problems or increase the risk of stormwater inundation (noting the new floor area proposed is to be a ‘Smoker’s Garden’; that is, an outdoor terrace area).

 

However, a restriction is required to be placed on the title of the subject property preventing the storage of goods and the installation of any walls coverings, floor coverings and fixtures that may be adversely affected by flooding, within the redeveloped portion of the site.

 

6.2 Environmental Health Officer

 

The proposal consists of an application to add an external smoker’s garden to the existing Sands Hotel. The smoker’s garden will accommodate a maximum of twenty patrons at any one time.

 

The proposed hours of operation of the smoker’s garden are in line with the Hotels license, that is:

 

Monday to Friday: 10:00am to 12 midnight

Saturday: 10:00am to 12 midnight

Sunday: 10:00am to 12 midnight

 

The Statement of Environmental Effects submitted with the application states that the Hotel also has Extended Hours of Operation, which are:

 

Thursday, Friday and Saturday: 5:00am to 2:00am

 

A review of this claim has found that these extended hours of operation applied for a trial period only, which has since expired. Councils Allan Graham has confirmed with the Liquor Administration Board on 20 December that the extended hours of operation no longer apply and has advised the applicant.

 


Acoustics

An acoustic report titled Noise Assessment Proposed Smokers Garden Sands Hotel 32-40 Curtin Crescent Maroubra Report number 2289 prepared by RSA Acoustics in September 2006 was submitted in support of this application.

 

This report identifies that:

 

·     The nearest receiver is 30 meters from the proposed smokers’ garden.

·     The night-time background noise level was determined to be 36 dB(A).

·     The noise criteria set for the project is 41 dB(A) at the nearest affected boundary.

·    The noise emanating from the use of the smokers garden being used by the maximum number of patrons simultaneously will have a noise level less than 4 dB(A) above the minimum measured background noise levels and therefore should not be audible within any habitable rooms of nearby residence at any time.

 

The assessment has shown that the recommended noise criterion will be achieved at all times from patrons using the proposed smoker’s garden.

 

The Environmental Health Unit accepts the conclusion of the acoustic report, and as detailed in the report a number of site specific conditions are to be placed on any consent issued.

 

There is to be no entertainment in the form of amplified music on any part of the Smokers Garden at any time. The maximum number of patrons in the smoker’s garden at any one time is restricted to twenty (20).

 

There is to be no public address system within the Smokers Garden at any time.  There is to be no consumption of food or alcohol within the Smoker’s Garden after 22:00 hours.

 

There is to be a 2.8 meter high barrier consisting of four sets of bi fold glass door. The glass doors are to have 12.38mm thick laminated along the entire southern side of the Smoker’s Garden as shown on the attached plan. The doors are to be acoustically sealed with raven seals or equivalent on all sides.

 

The four sets of glass bi-fold doors facing Curtin Crescent must be closed at 19:00 hours with the doors fitted with a visual alarm into the management area of the Club to ensure closure is maintained and to ensure the doors are not reopened.

 

There is to be a compliance inspection carried out after the completion of the works to ensure that the Smoker’s Garden complies with all relevant noise regulations and the recommendations in this report.

 

The management of the Sands Hotel will formulate a detailed Plan of Management that will ensure the use of the Smokers Garden and noise emanating from the use of the Smoker’s Garden will have no adverse impact on the surrounding residential community at any time.

 


6.2 Crime Prevention Officer – Eastern Suburbs Local Area Command

 

The Officer’s case for the probable increase in reported crime must be taken in context. Development of any kind will create opportunities for crime. A ‘moderate’ rating is not unusual. The smoker’s terrace is not expected to increase or change the type of clientele at the hotel. The Officer recommends several measures for lighting, security recording, signage, construction, locks and maintenance. These conditions are included in the recommendation.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned 3B Local Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 14 – Zone objectives

 

The proposal satisfies the zone objectives in that the construction and management of the smoker’s garden would minimise the impact on adjoining and nearby residential zones.

 

Clause 32 – Floor Space Ratio

 

The maximum floor space ratio for buildings on this site is 1:1.

 

The proposed smoker’s garden is not considered to be floor space for the purpose of this clause.

 

Clause 33 – Building Height

 

The maximum height for buildings on this site is 9 metres.

 

The proposed structure is a maximum of 4.28 metres above ground level and complies with the maximum building height.

 

7.1 Policy Controls

a.    Development Control Plan - Car Parking

 

The proposal is not considered to be floor space for the purposes of this clause, and is not expected to generate additional parking demand for the hotel.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development

Direction 4a: Improved design and sustainability across all development

Key actions: Encourage and reward design excellence and sustainability.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposal involves the construction of a semi-enclosed ‘smokers’ terrace’ at ground level adjacent to the southern entrance of the Sands Hotel at 36 Curtin Crescent, Maroubra. The area would accommodate approximately 20 people and would need to be licensed under the Liquor Act. The proposal is in response to the State Government’s Smoke Free Environment Act 2000, which will ban smoking in enclosed areas in 2007.

 

The proposal was the subject of 10 objections, one petition containing 104 signatures objecting to the proposal, and 10 letters of support. Principle issues included the impact of noise and anti-social behaviour from hotel patrons.

 

The smoker’s terrace is not expected to significantly increase or change the nature of patronage to the hotel. Instead the area is designed and expected to cater to the existing clientele. Usefully, the area would contain smokers who would otherwise temporarily leave the hotel and congregate in the car park to smoke.

 

The proposal was accompanied by specialist reports for noise and parking impacts. The environmental impacts were, on balance, found to be acceptable.

 

Approval subject to conditions is recommended.

 


RECOMMENDATION:

 

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 720/2006 for a new outdoor, partially enclosed smokers terrace seating approximately 20 people located at the front of ‘The Sands Hotel’ including slight reconfiguration of parking, new planter boxes and landscaping at 36 Curtin Crescent, Maroubra NSW 2035 subject to the following conditions

 

Referenced Plans

 

1.       The development must be implemented substantially in accordance with the plans numbered DA1 and DA2, dated August 2006 and 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 as may be shown in red on the attached plans:

 

Environmental Amenity

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 existing building and adjacent development to maintain the integrity and amenity of the building and the street scape, to the satisfaction of Council.

 

3.       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.

 

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

 

4.       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.

 

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

 

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

 

7.       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.

 

8.       A copy of the construction certificate, the approved plans 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

 

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, 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.

 

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

 

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

 

12.     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).

 

13.     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.

 

14.     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.

 

15.     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”.

 

16.     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.

 

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

 

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

 

19.     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.

 

20.     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.

 

21.     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

 

22.     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.

 

23.     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.

 

24.     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.

 

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

 

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

 

26.     All demolition work is to be carried out in accordance with the provisions of AS2601- Demolition of Structures.

 

27.     The demolition of buildings and the removal, storage, handling and disposal of building 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.

 

28.     Any building/demolition works involving asbestos products are to be carried out in accordance with WorkCover New South Wales’s requirements, guidelines and codes of practice.

 

29.     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.

 

30.     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.

 

31.     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.

 

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

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     A warning sign for sediment control, 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.

 

41.     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.

 

42.     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 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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 


Service Authority Conditions

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

 

47.     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.

 

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

 

Drainage Conditions

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

 

49.     Prior to the issuing of an occupation certificate, a restriction shall be placed on the title of the subject property preventing the storage of goods and the installation of any walls coverings, floor coverings and fixtures that may be adversely affected by flooding, within the redeveloped portion of the site.

 

Landscape Conditions

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

 

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

 

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

 

Noise Conditions

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:

 

52.     The hours of the operation of the smokers area, bar areas and bottle shop are restricted to:

a)    Monday to Friday: 10:00am to 12 midnight

b)    Saturday: 10:00am to 12 midnight

c)    Sunday: 10:00am to 12 midnight

 

53.     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.

 

54.     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 a 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).

 

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 within one month of an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

57.     There shall be no entertainment in the form of amplified music on any part of the Smokers Garden at any time.

 

58.     The maximum number of patrons in the smoking garden at any one time is restricted to twenty (20).

 

59.     There shall be no public address system within the Smokers Garden at any time.

 

60.     There shall be no consumption of food or alcohol within the Smoker’s Garden after 10pm Monday to Sunday.

 

61.     There shall be a 2.8 meter high barrier consisting of four sets of bi fold glass door. The glass doors are to have 12.38mm thick laminated along the entire southern side of the Smoker’s Garden as shown on the attached plan. The doors are to be acoustically sealed with raven seals or equivalent on all sides.

 

62.     The four sets of glass bi-fold doors facing Curtin Crescent must be closed at 7pm Monday to Sunday with the doors fitted with a visual alarm into the management area of the Club to ensure closure is maintained and to ensure the doors are not reopened.

 

63.     The management of the Sands Hotel will formulate a detailed Plan of Management that will ensure the use of the Smokers Garden and noise emanating from the use of the Smoker’s Garden will have no adverse impact on the surrounding residential community at any time. The Plan of Management must be submitted to and approved by the Director of City Planning before the issue of a Construction Certificate.

 

Safer by Design Conditions

The following conditions are applied to provide adequate consideration for crime prevention through environmental design:

 

64.     Lighting in and around the hotel should meet minimum Australia and New Zealand Lighting Standards and be commensurate with a moderate crime risk. Lighting objectives relevant to crime and fear reduction are outlined in Australia Lighting Standard AS1158. This and other standards specify the types and quantities of lighting that can be used in different applications.

 

65.     The existing surveillance system should be expanded to enhance the physical security of the hotel and assist in the identification of people involved in anti-social or criminal behaviour. The system should also comply with the Surveillance and Privacy requirements of legislation.

 

66.     Additional cameras should be installed in the hotel to maximise surveillance opportunities. One or more cameras should be strategically mounted in the following areas:

 

a)       On the external terraces to monitor within these areas.

 

67.     Digital or analogue technology should be used to record images from these cameras. Recording equipment should be installed away from the counter area to avoid tampering. Video tapes need to be replaces quarterly to maintain quality images.

 

68.     The external wall of the hotel may be the target of malicious damage offences, graffiti artists. With this is mind the wall area from ground to the first floor level should be constructed of non porous materials or treated with anti-graffiti materials to reduce opportunities for this kind of activity.

 

69.     Signs providing directional information should not be located at decision making points and not near concealment points.

 

70.     Creative markings within car parks aid in way finding and help owners to locate their vehicles. Bright motifs and designs are more effective that coloured/numbered columns. Design details must be submitted to Council for approval.

 

71.     Park Smarter warnings signs should be strategically located at the entry/egress point and throughout the car park to warn motorists to lock their vehicles and remove any items of value from the vehicle to reduce opportunities for crime. Design details must be submitted to Council for approval.

 

72.     To many people, routine maintenance is a strong indicator of area control and safety. Well maintained public space and community facilities encourage regular use, which in turn, creates natural supervision of public areas. With this in mind a clear maintenance policy needs to be established and implemented for gardens, lighting, rubbish, and damage to property, etc.

 

73.     Access control measures should be used to restrict, channel and encourage people, and motor vehicles throughout the facility. Access control should be used to increase the time and effort required to commit crim and to increase the risk to criminals. With this in mind strong consideration should be given to the installation of an access control system (code or car operated locksets) into the overall security plan for the proposed development to control the movement of people within the facility. This type of system can provide an audit trail of those who have used the area at anytime and also make it easier to remove people access to certain areas by simply recoding or removing the card access.

 

74.     Fire exit doors to the hotel need to be of reasonable construction and fitted with quality locking devices which comply with the Building Code of Australia (fire regulations) and Australian Standards – Lock Sets AS:4145. This standard is intended for use when assessing the security and durability of a lockset. Locksets for use in fire doors, egress doors and emergency exits are subject to further requirements or regulations in the interests of personal safety. Other documents which should be consulted are AS1428, General requirements for access-Buildings, AS:1905, Fire resistant door sets and the Building Code of Australia for specific purpose doors in buildings.

 

75.     There was no information provided as the access. Within this in mind the doors to this area need to be fitted with a quality lock-set which complies with the Building Code of Australia (fire regulations) and Australian Standard Lock Sets AS:4145 to restrict access to the stores area and property.

 

76.     A Lock Set which complies with the Building Code of Australia (fire regulations) and Australian Standards Lock Sets AS:4145 should be installed to restrict access behind the counter area, access to money and alcohol.

 

77.     The doors to this area should be of solid construction and fitted with quality locking devices which comply with the Building Code of Australia (fire regulations) and Australian Standards – Lock Sets. AS:4145.

 

78.     The existing monitored intruder alarm system designed and installed to the Australian Standard Intruder alarm systems – Systems installed in client’s premises; AS:2001:1998; which specifies the minimum requirements for the construction, installation, operation and maintenance of intruder alarm equipment and installed systems. It applies to intruder alarms systems suitable for private premises, commercial premises and special installations, and provides guidance for the preparation of a maintenance contract between client and an alarm company should be expanded to the proposed development areas to enhance the physical security of the hotel.

 

79.     Detectors should be incorporated into the systems design. The light emitting diodes (LEDs) (red lights) within the detectors should be deactivated, to avoid offenders being able to test the range of the system.

 

80.     Duress facilities should be incorporated into the systems design to enable staff to activate the system manually in the event of an emergency, such as robbery. NB Duress devices should only be used when it is safe to do so. Devices should be considered for the front reception desk, cashiers office, counting room and secure room.

 

81.     As a number of hotels across the state have had telephone lines cut to prevent alarms being reported to the security monitoring company, a supplementary system such as Global Satellite Mobile (GSM) or Radio Frequency (RF) systems should be used to transmit alarm signal by either mobile telephone or radio frequency.

 

Advisory Matters

 

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

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

10 January, 2007

FILE NO:

DA/658/2006 & PROP0011425

 

PROPOSAL:

 Change of use to Child care centre accommodating 46 children operating from 7 am to 6 pm Monday to Friday.  Proposal includes alterations and additions, time-limited on-street parking, stacked off-street parking, acoustic barriers and landscaping.

PROPERTY:

 45 Market Street, Randwick

WARD:

 North Ward

APPLICANT:

 Adam and Melanie Sumegi

OWNER

Adam and Melanie Sumegi

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, building & Planning Committee at the request of Councillors Tracey, Procopiadis and Sullivan.

 

The proposal involves the conversion of an existing two-storey residential building to a dedicated child care facility for 46, 0-5 year olds at 45 Market Street, Randwick. The child care centre would operate Monday to Friday from 7 am to 6pm. The proposal includes alterations to the existing building, additions to the rear, use of on-street parking, ‘stacked’ off-street parking, acoustic barriers and landscaping.

 

The land is zoned 2B Residential and is located 300 metres south of Queens Park. Residential flat buildings are to the east and north. Detached dwellings are to the south. There is a nursing home, a church, a primary school and a bus-stop within 200 metres walking distance.

 

The proposal was publicly advertised in accordance with policy on two occasions (the second occasion in response to additional information). Council received objections from 22 respondents. The issues raised include the impact on visual and acoustic privacy, traffic and parking, solar access, general residential amenity, crime and safety and property values.

 

The proposal was accompanied by specialist’s reports for noise and traffic, a management plan, and a statement of compliance with the requirements of the Children’s Services Regulation. The specialist’s reports were reviewed by Council’s technical officers and found to be adequate.

 

The proposal is considered to satisfy the objectives of Council’s LEP and recently adopted Child Care Centre’s Policy.

 

It is recommended that approval be granted subject to conditions.

 

2.    THE PROPOSAL

 

The proposal involves the conversion of an existing two-storey residential building to a dedicated child-care facility for 46 children at 45 Market Street, Randwick.

 

Internal alterations provide a reception area, office, preparation rooms and sleeping room on the ground floor, and a large internal play area on the upper floor. The two floors would be connected by a stair and a lift.

 

An addition to the rear provides an internal play area on the lower floor and a large covered deck for an external play area on the upper floor. The proposal includes landscaping, privacy screens, shade sails, and the installation of play equipment such as a rope bridge and a sand-pit.

 

There is on-site parking for 4 staff vehicles and 3 of these are ‘stacked’. A traffic study has demonstrated that there is adequate parking in the street to service the demand of the proposed facility.

 

The new centre would accommodate 10 children 0-2 years of age, 16 children 2-3 years of age, and 20 children 3-5 years of age. The facility would require 6 full-time staff and 2 casual support staff.

 

The facility would need to be licensed with the Department of Community Services.

 

The facility is proposed to operate Monday to Friday from 7am to 6pm. An ordinary day at the centre would run as follows:

 

6:45am – 7:30am

Staff arrives at the centre and prepare for the day. Children must be escorted to the centre and signed in by a parent or guardian. Children begin arriving from 7am.

 

7:30am – 9:30am

The peak hourly arrival occurs. Supervised outdoor play begins.

 

9:30am – 12:30pm

Children are moved inside for morning tea and supervised indoor play.

 

12:30pm – 3pm

Children have an afternoon rest and staff eat lunch. Quiet supervised play upon waking, then afternoon tea.

 

3pm – 5pm

Children are moved outside for supervised outdoor play.

 

5pm – 6pm

Children are moved inside for preparation to go-home. Children must be signed out by a parent or guardian. Peak hour for departures occurs. Centre closes at 6pm.

 

The architect’s design objective is in Figure 1.

 

Figure 1 – The architect’s design objective for the Child Care Centre

 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The land is located on the eastern side of Market Street between Darley Road and Gilderthorpe Avenue in Randwick. The site has a frontage to Market Street of 14.095 metres and a depth of 41.2 metres. The site is rectangular and slopes gently toward the street with a westerly aspect.

 

A detached 2-storey dwelling is on the lot to the south, and there are 4-storey ‘walk-up’ residential flat buildings to the east and north. The local character is eclectic. There are detached and semi-detached dwellings and walk-up flat buildings are frequent. Queen’s Park is 300 meters to the North. The ‘Little Sisters of the Poor’ Nursing Home and ‘St Margaret Mary’s’ Catholic Primary School and Church are nearby in Market Street and Clovelly Road. The main entrance to each facility is around 200m walking distance from the subject site.

 

Figure 2 shows an aerial view of the subject and surrounds. Figure 3 shows the subject site in the street setting.

 

Figure 2 – An aerial view of the subject site and surrounds.

 

 

Figure 3 – Subject site in the street setting (subject site is shown with a star)

 

4.    SITE HISTORY

 

The site is presently occupied by an older dwelling that has been converted into 2 flats.

 

·         DA/779/2005, Change of use from multi-unit housing to dwelling house, demolition of the rear garage and construct a new rear single storey garage and studio with high clerestory roof and alterations and additions to the dwelling including new rear extension with first floor deck and new front fence with driveway gate.

·         CC/742/2003, Erect double garage with roof storage attic to existing dwelling.

·         DA/647/2003, New brick, tile roof garage to roof to rear of premises

·         TA/967/2002, App. to REMOVE O/Hang Residence.

·         SC/63/1980, RFB

 

5.    COMMUNITY CONSULTATION:

 

The proposal was notified, advertised and the site signposted in accordance with the requirements of Council’s Public Notification of Development Proposals policy.  Additional information was also exhibited. The issues that were raised are categorised to allow a response from Council staff. Submissions were received from the following people:

 

These residents submitted objections during the second exhibition period from 14 November 2006 to 28 November 2006.

 

·         Ross Coulthart and Kerrie Douglass, local resident

·         Vincent Connell and Angela Fehringer, local resident

·         Francine Darvill, local resident

·         Katina Andrew, local resident

·         Dimitrios Saltis, local resident

 

These residents submitted objections during the first exhibition period from 30 August 2006 to 13 September 2006.

 

·         Ross Coulthart and Kerrie Douglass, local resident

·         Vincent Connell and Angela Fehringer, local resident

·         Francine Darvill, local resident

·         Katina Andrew, local resident

·         Pat and Micaela Bourke, local resident

·         Shauna and Sam Laverty, local resident

·         Lawrence Sank, local resident

·         Adrian and Susan Barakat, local resident

·         Vivien Reed, local resident

·         Ben Livissianis, local resident

·         David Fisher, local resident

·         Susan Herridge, local resident

·         Dr Susie Linder-Pelz and Mrs Helen Mushin, local residents

·         Evan James Williams, local resident

·         Trish Adams, local resident

·         Heny Tjoa, local resident

·         Rob Wilson et. al.(representing a number of local residents)

 

Issue: Impact on existing traffic and parking conditions

 

·         That the parking demand generated by the facility will take away from the limited street parking for residents and other users of street-parking in Market Street,

·         Parking is made worse by seasonal and weekend use of the playing fields in Queens Park.

·         Parking is already affected by the landscape supply business, Queen’s Park Café, child care centre, catholic school and other non-residential facilities nearby.

·         Residents without their own off-street parking may need to park in nearby streets,

·         Residents with off-street parking may have to contend with blocked driveways,

·         The impact on road safety of double parking and other illegal manoeuvres,

·         The general increase in traffic volume,

·         Traffic study should have included interviews with residents,

·         The stacked parking arrangements result in un-necessary reversals into the street during staff shift changes,

·         The lack of co-location with other facilities increasing the incidence of ‘double drop-offs’,

·         the safety of the clients having to park and drop-off children in close proximity to the junction of Market Street and Clovelly Road,

·         Market Street/Clovelly Road is a dangerous intersection.

·         Cars speed along Market Street at up to 100 Kph.

·         Market Street is used as a shortcut to avoid traffic lights at Clovelly Road/Avoca Street intersection.

·         Market Street should be installed with traffic mitigation measures and speed humps, or closed to through traffic.

 

Comment: A traffic and parking study was prepared to support the development application. The study found that there was sufficient parking available in the street during the day for the proposed centre. The study was reviewed by Council’s Development Engineer and the survey methodology and findings were considered to be sound. The parking and access arrangements generally satisfy the ‘preferred criteria’ in Council’s Child Care Centre policy. The impact on traffic safety is considered to be acceptable. Traffic and parking impacts are considered in detail under the Development Control Plan – Car Parking heading of this report.

 

Issue: Impact on acoustic privacy of nearby residents

 

·         Impact of noise from children playing,

·         Impact of noise from additional traffic,

·         Noise would be excessive and offensive,

·         Conflict in the noise report and management plan.

·         Fences will not adequately attenuate noise impact to the low-medium rise development nearby,

·         Managing children and encouraging quiet educational play is not realistic,

·         This is a residential area with many shift and part-time workers,

·         Taller buildings may reflect noise and make the impact worse.

·         Play platform in the east should be relocated to reduce impact of noise on residents.

 

Comment: The proposal was accompanied by an acoustic report that made several recommendations to mitigate the impact of noise including the installation of acoustic barriers as well as operational measures. The report was reviewed by Council’s Environmental Health Officer and found to be satisfactory. A noise impact assessment is detailed under the Environmental Assessment section of this report.

 

Issue: Impact on visual privacy

 

·         The loss of privacy for adjoining residents.

·         Screening vegetation should be re-instated (from a previous approval condition).

·         The play platform in the east should be relocated.

·         Privacy impacts include carers having the ability to look into adjoining gardens of neighbours, and into the balconies and living areas of surrounding units.

 

Comment: The proposal incorporates several privacy measures including a 2.2 metre high wall on the northern, eastern and southern boundaries and a 1.5m high balustrade on the upper level deck. The proposal also includes screening vegetation. A privacy analysis is detailed under the Environmental Assessment heading of this report.

 

Issue: There is no justification for the facility

 

·         The Randwick 20 year city plan points to an expected decrease in the number of young children for the area.

·         A child care centre was recently opened in Market Street and there is another under construction opposite the Council building in Frances Street, Randwick.

 

Comment: The demographic and economic circumstances of the demand for child care places are beyond the scope of this assessment. It is sufficient to say that demand for child care centre places is expected to remain high enough in the foreseeable future to sustain a wide range of facilities in the local area.

 

Issue: Impact on solar access

 

·         There would be additional overshadowing of the lots to the south from the new building work.

 

Comment: The new building work would increase overshadowing of the dwelling and private open space on the lot to the south. The north facing windows in this dwelling are at the minimum side boundary setback and vulnerable to loss of sunlight. The private open space would retain most of the solar access that it presently enjoys. The proposed structure is within the building height envelope for the site. Overshadowing is considered to be acceptable.

 

Issue: Impact on general amenity

 

·         The facility will take away from the residential atmosphere of the street.

·         The proposal is an over-development and over-intensification of the site.

·         Does not comply with aims and objectives of the Residential 2B zone.

 

Comment: The 2B Residential zone allows community facilities that service the needs of local residents workers and visitors of the City. Child care centres are permissible. The proposal would be within a converted dwelling that would continue to make a positive contribution to the residential streetscape. The proposal’s deviation from the residential character is considered to be acceptable.

 

Issue: The proposed building does not satisfy the Children’s’ Services Regulation and other legislative requirements.

 

·         Lack of appropriate access to the first floor.

·         Play areas do not satisfy requirements for motor skills; facilities for active play such as climbing equipment would be dangerous on the upper deck and noise restrictions may constrain vigorous play.

·         The use of stairs is dangerous and an alternative would need to be provided.

 

Comment: A compliance report by Specialist addressing the requirements of Children Services requirements has been submitted by the applicant. The development and education programs that would be used in the centre are outside the scope of this assessment. It is sufficient to say that the play areas are sized according to regulation standards. The precise nature of playing would be a matter between the applicant, their clients, and the Department of Community Services. Children would be closely supervised, and there is a lift that can be used as a safer means of access to the first floor.

 

Issue: Children would be visible from surrounding residential buildings

 

·         The degree of overlooking from adjoining buildings to external play areas is a crime safety problem.

 

Comment: The children at the centre would be fenced-in and under close supervision.  Children need to be physically signed in and signed out by a parent or guardian. Opportunities for crime would be extremely limited. The crime safety aspects of the proposal are considered to be acceptable.

 

Issue: Common fencing with 47 Market Street

 

·         Am I to lose my fence?

 

Comment: Common fencing with 47 Market Street is proposed to be replaced. Should the adjoining owners not agree to the replacement fencing, a condition is included requiring the fencing to be within the boundaries of the subject sitel

 

Issue: Impact on property value

 

·         I am very concerned about the financial loss that the child care centre would impose on us.

 

Comment: The proposal conforms to development requirements and is not expected to adversely affect land values.

 

Issue: Precedent for commercial activities

 

·         This activity would be the only commercial activity in Market Street, possibly opening the door to other commercial activities.

 

Comment: Child Care Centres are permitted in the 2B Residential zone. New ventures would need to be the subject of a development application and an individual merit review. The subject development is not expected to establish ‘precedent’ or ‘open the door’.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers as follows.

 

Environmental Health Officer

Council’s Environmental Health Officer reviewed the specialist’s noise impact report. The Officer’s comments on noise and food safety are included in the appropriate sections under the Environmental Assessment heading of this report. Relevant conditions of consent are also included in the recommendation.

 


Development Engineer

Council’ Development Engineer reviewed the specialist’s report for traffic and parking. The Officer’s comments on traffic and parking are included under the DCP – Parking section of this report. The Officer also made recommendations concerning stormwater and drainage and these are included in the relevant sections under the Environmental Assessment heading. The recommendation includes relevant consent conditions.

 

Building Services Officer

Council’s Building Services Officer reviewed the proposal and made comments on site management, access for people with a disability and Building Code compliance. The Officer’s comments are included in the relevant sections under the Environmental Assessment heading.

 

Landscape Technician

Council’s Landscape Technician reviewed the proposal and made comments on the landscaping proposal and the preservation of existing trees. The Officer’s comments are included in the relevant sections under the Environmental Assessment heading.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned 2B Residential«Zone» under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 11  Zone objectives

 

The following zone objectives are relevant to the proposal:

 

·         To allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

 

The proposed use accords with the zone objective. A child care centre is a community facility, albeit in private ownership. The proposed use would be within an existing older residential building that already makes a significant contribution to the character of the street. The proposed additions are generally to the rear and would not affect the character of the development. Landscaping would enhance the immediate street presentation.

 

Clause 22 Services

Council may only grant consent to the development if it is satisfied that the land is adequately serviced by water, sewer and drainage infrastructure.

 

The land is adequately serviced and there are consent conditions in the recommendation dealing with these matters.

 

Clauses 31, 32 and 33 Landscape Area, Floor Space Ratio and Building Height

Table 1 outlines compliance with the standards specified in these clauses.

 

Table One – Compliance with LEP development standards

Clause

 

Requirement

Compliance

Landscaped area

50%

43.6% Does not comply.

Floor Space Ratio

0.65:1

0.51:1 Complies.

Building Height

9.5m

7.59m. Complies.

Wall Height

7.5m

6m. Complies.

 

The non-compliance is considered under the State Environmental Planning Policy No 1 heading of this report.

 

Part 4 Heritage Provisions

 

Part 4 of the LEP makes various provision concerning the conservation and development of heritage items and heritage conservation areas. The subject site is not within a heritage conservation area and does not contain a heritage place or item.

 

The nearest heritage items are;

 

·         The Literary Institute, an inter-war period building at 47A Market Street (70 metres south of the subject site).

·         An Edwardian Style commercial building at 49-53 Clovelly Road (70 metres south of the subject site), and

·         Hooper Cottage, a building from the 1840s at 17 Gilderthorpe Avenue (30 metres south east of the site)

 

The proposal development is outside the curtilage of these heritage items and would not affect their heritage significance.

 

The nearest heritage conservation area is the North Randwick Conservation area, which is at least 200 metres to the north and west of the subject site. The proposed development would not affect any part of this conservation area.

 

(b)  State Environmental Planning Policy No.1 – Development Standards

The proposal does seek to vary the following standards contained within Randwick Local Environmental Plan 1998.

 

·         Landscaped Area (Clause 31)

 

SEPP 1 objections must clearly articulate the underlying and stated objectives of the standard, demonstrate there are no adverse environmental impacts, and must be consistent with the local planning objectives for the locality and the objects of the Act.

 

This approach was reinforced by Justice Lloyd in Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 where he asked the four questions of a SEPP 1 objection. These questions will form the basis of this assessment of the proposed SEPP 1 objection.

 

First, is the planning control in question a development standard?

Yes, the planning control is a development standard contained within Council’s Local Environmental Plan 1998.

 

Second, what is the underlying object or purpose of the standard?

The purpose of this standard 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.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Landscaped areas are proposed in the front yard where a semi-formal setting will contribute to the public-domain. This part of the site is established and would be enhanced by proposed landscaping work. Landscaped areas toward the rear of the site provide active recreational areas for the children and dense vegetation to assist in privacy screening. The proposal includes the installation of ‘grass-paving’ in the driveway to eliminate hard-stand and provide extra stormwater infiltration area. These areas would amply service and enhance the development. An alternate design solution that strictly complies with the development standard would not further the objectives of the Act or necessarily result in a better development.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The proposed landscaping treatment performs well in comparison to nearby sites and is considered to satisfy the objectives of the clause. Compliance is considered to be un-necessary in the circumstances of this case.

 

Fifth, is the objection well founded?

The applicant’s case for the objection is shown in Figure 4.

 

Figure 4 – Applicant’s case for objection to the Landscape Area standard.

The proposed development will provide a total of 276.8sqm of landscaped area on ground, which corresponds to 47.7% of the site area (refer to the Landscape Diagram and Calculations prepared by Genevieve Lilley Architects attached). This represents a 13.5sqm or 4.66% departure from the development standard.

In this instance compliance with the development standard is unnecessary and unreasonable for the following reasons:

 

The proposed numerical departure from the landscape area development standard is only minor and will not result in any adverse impacts to the streetscape or neighbouring properties as a result of the proposed non-compliance.

The proposed development provides for the retention of existing significant trees and for new tree plantings and additional planting on ground to visually soften and balance the built form and provide screening to neighbouring properties, and will be supplemented by the proposed planter boxes on the rear first floor terrace area and the proposed use of TurfPave  (or similar product) to the staff parking  spaces.

All of the proposed landscaped area on ground is deep soil, thereby maximising on-site stormwater absorption. The proposed use of Turfpave or similar to the staff parking spaces will further increase on-site stormwater absorption and contribute to the visual landscape of the site.

The proposal will provide adequate areas of outdoor recreational open space on–site to serve the needs of children (and staff) of the centre, in accordance with the relevant DOCs requirements (refer to the statement of compliance submitted with the application).  

The proposed development will provide more landscaped area on ground than that which would be required for a single dwelling house on the site under Council’s DCP for Dwelling Houses and Attached Dual Occupancies (i.e. 40% of the site area).

While the applicant miscalculates the extent of variation to the standard by including terrace and verandah areas, the grounds for objection are generally considered to be sound.

 

8.    DEVELOPMENT CONTROL PLANS

a.    Development Control Plan - Car Parking

 

The Development Control Plan requires 1 space for every 2 staff members in attendance (a total of 4 spaces is required) and an adequate space for drop-off and pick-up of children. Stacked car-parking is ordinarily allowed in the Development Control Plan (DCP).

 

The proposal provides 4 staff parking spaces on the site, 3 of which are stacked. Available on-street street is proposed for pick-up/drop-off of children.

 

A traffic and parking study was prepared by T.T McCarthy Consulting Engineer. The consulting engineer physically analysed the availability of parking in Market Street over the course of a week (10 March – 17 March, 2006). The study also presented empirical evidence of parking demand from Coogee Bear Child Care Centre in Coogee, and Paddington Child Care Centre in Paddington.

 

The study found that on-street parking was at a premium at night when residents returned home from work, but availability increased significantly during the day. Parking availability was less than 10% between 6pm and 7am, but increased to 25-30% toward the middle of the day.

 

Critically, the study found parking is available during the anticipated peak pick-up and drop-off times for the proposed child-care centre as indicated by the shading in table 3 below:

 

Table 3 – Availability of on-street parking during peak pick-up/drop-off times.

 

The parking demand that would be generated during peak pick-up and drop-off times was extrapolated from the survey of other Child Care Centres in Coogee and Paddington. The consulting engineer’s conclusion is shown in figure 5 below.

 

Figure 5 – Consultant’s findings on peak parking demand.

 

The applicant case for stacked parking is shown in Figure 6.

 

 

 

 

 

Figure 6 – The applicant’s case for stacked parking.

Council’s Development Engineer made the following comments on the traffic and parking impacts of the development.

 

The submitted Traffic & Parking report states that based on the generation rates and average stay lengths provided in the RTA guide to Traffic Generating Developments, the maximum number of vehicles looking for parking spaces could be more in the order of 3-4 vehicles in the morning peak and 2-3 vehicles in the afternoon peak. It was previously noted that this is based on an assumption that vehicles accessing the site will be spread perfectly evenly through the full two hour morning and afternoon peak periods and does not necessarily provide an accurate reflection of vehicle movements.

 

The applicant was requested to undertake a survey of an existing childcare centre(s) of a similar size and located in a similar location in order to determine:

 

  The number of children catered for at the particular site;

  The number of cars coming to and from the site and hence the modal split;

  The spread of these vehicles throughout both the morning and afternoon peak periods;

  The average time that vehicles are parked at the site; and

  Any other information that may support the use of the low parking generation rate proposed in the submitted Traffic & parking Report.

 

Additional parking survey results from two existing childcare centres have now been submitted to Council. The Traffic Consultant states that extrapolating the survey results of a centre in Coogee for 68 children with 10 staff members and a centre in Paddington for 72 children with 11 staff gives a maximum impact in parking terms of 3-4 vehicles at any one time for the proposed Market Street centre.

 

The Traffic Consultant also states that the survey results support the proposal that the impact on parking as a result of the centre will be minimal. In addition, the report notes that the parking impacts will be further reduced by the introduction of parking restrictions along the portion of road fronting the subject site. The Development Engineer does not object to this proposal and has included the following condition accordingly:

 

Prior to the issuing of an occupation certificate, the applicant shall pay to Council the full cost associated with the installation of signage on the roadway opposite the site frontage (between the vehicular access to the site and the vehicular access to 47 Market Street south of the site) restricting parking to 15 minutes between the hours of 7-9am and 4-6pm weekdays.

 

(It is noted that Council’s Integrated Transport Group provided comments on the original application stating that they did not support the proposal to introduce parking restrictions nor the overall application due to the excess park deficiency. It is considered that the additional survey results address the parking deficiency and in regard to the on-street parking, the Planning Officer is advised that there is an existing precedence for parking in front of a development site.)

 

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

 

The Officer’s recommendation on time-restricted parking is included as an advice to the applicant in the recommendation to this report. This is not a matter that is appropriate for a consent condition as it relies on the approval of the Local Traffic Committee. It is sufficient to consider for the assessment of this application that there is parking available in the street to accommodate the expected parking demand. The recommendation includes the condition on vehicular access.

 

b.    Council Policies

 

Child Care Centres Policy

 

Council adopted a child care centres policy in June of 2006. The policy is not a statutory document, but is used as a guide in assessing the developing application  under Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979.

 

The aims of the policy are as follows:

 

·         To guide the location and design of child care centres in order to minimise environment and social impacts,

·         To encourage centres with high levels of safety, security, environmental health and amenity, and

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

 

The policy outlines documentation requirements and preferred location and site characteristics for a child care centre site. Table 4 outlines those requirements and provides comment on the proposed centre.

 

Table 4 – Analysis of compliance with Randwick Child Care Centres policy

Submission Requirements

Comment

 

A signed statement or checklist to Council verifying compliance with DOCS’ requirements.

 

The proposal was accompanied by a statement of compliance. The recommendation includes the necessary consent condition outlined in the policy on this matter. Complies.

Proposals for child care centres must comply with the Building Code of Australia requirements for Class 9b buildings.

 

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. A condition of consent is included in the recommendation on this matter. Complies.

The following documents must accompany a DA; A statement of environmental effects, Statement of compliance with DOCS requirements Traffic and parking study Acoustic report and Child care centre plan of management.

 

The proposal was accompanied by the necessary documentation. The specialist’s reports for noise and traffic were reviewed by Council’s Technical Officers. Complies.

Preferred Locations

 

Comment

 

Co-located with schools, churches and other community facilities;

The subject site is 200 metres walk to the main entrance of St Margaret Mary’s Catholic Primary School and Church. Complies.

Within or close to commercial / town centres / major employers, for example, hospitals;

The site is approximately 400metres walk to the Frenchmans Road Local Business Centre. Complies.

Purpose-built buildings;

The child care-centre would be a dedicated adaptation of a residential building. Complies.

Large corner sites;

The site is not a large corner site. Does not comply.

Near public transport;

The site is 70 metres walk from a bus stop in Clovelly Road that is serviced by the 339/X39 Clovelly/City route. Complies

In/adjacent to open space where parking facilities already provided;

The site is not sufficiently close to an open space parking facility to satisfy the requirements of this clause. Does not comply.

Within detached buildings on large, accessible sites, rather than semidetached dwellings, dual occupancies or residential flat buildings.

The proposal would be within a detached building. However, the site is not considered to be ‘large’. The proposal partially satisfies this criterion.

Undesirable locations

 

Comment

 

On narrow or one way roads or cul de sacs;

Market Street is not narrow, one way or a cul-de-sac. Complies.

Near electromagnetic radiation (for example, mobile phone towers);

There are no EMR transmitters in the vicinity. Complies.

Near LPG tanks;

There are no LPG tanks in the vicinity. Complies.

Where there are unsatisfactory on-street parking/traffic conditions or

restrictions (for example, on bus stops, no standing areas, unsafe traffic volumes or with poor sight distances);

The proposal was accompanied by a traffic impact assessment demonstrating adequate provisions of on-street parking for the development. The report was reviewed by Council’s Development Engineer and found to be acceptable. Complies.

Steep sites due to access and safety issues.

The site is not steep and does not have access and safety issues. Complies.

Space requirements

 

Comment

 

Indoor space 0-6 years old 3.25m2 per licensed child space of

unencumbered space

3.4m2 per child provided. Complies.

Outdoor space 0-6 years old 7m2 per licensed child space of useable

outdoor space

7.6m2 per child provided. Complies.

Requirements for reduced on-site parking

 

Comment

 

In proximity to public transport;

The site is 70 metres walk from a bus stop in Clovelly Road that is serviced by the 339/X39 Clovelly/City route. Complies

In proximity to or, co-located with other trip generators, for example, shops, neighbourhood centres, schools, car parks or, other places likely to otherwise generate extra trips; and/or

The site is 200 metres walk from St Margaret Mary’s Catholic Primary School and Church. The site is also is approximately 400metres walk to the Frenchmans Road Local Business Centre. Complies.

Where there is adequate on-street parking.

The proposal was accompanied by a traffic impact assessment demonstrating adequate on-street parking for the development. The report was reviewed by Council’s Development Engineer and found to be acceptable. Complies.

Preferred parking arrangements

 

Comment

 

Stack parking will be considered for a maximum of two spaces;

The proposal shows 3 stacked parking spaces. Does not comply.

If inadequate on-street parking, adequate on-site space for set down and pick up of children;

The proposal was accompanied by a traffic impact assessment demonstrating adequate provisions of on-street parking for the development. The report was reviewed by Council’s Development Engineer and found to be acceptable. Complies.

If on-site set down provided, entry and exit to be separated and safe

pedestrian access;

Not applicable.

Vehicles to be driven in forward direction onto and off the site;

Vehicles must be reversed into the street to leave the site. Does not comply.

Street immediately in front of child care centre may be used for up to 10minute parking for 2 hours during a.m. and p.m. weekday peaks;

The proposal was accompanied by a traffic impact assessment demonstrating adequate provisions of on-street parking for the development. The report was reviewed by Council’s Development Engineer and found to be acceptable. Conditions are included for the provision of time limited parking signage. Complies.

Minimum 1 metre landscaped strip on front boundary if on-site parking/drive-through

provided;

3.8m provided. Complies.

Driveway minimum 1 metre setback from side boundaries;

1m provided. Complies

On-site parking/drive-through not to detract from the streetscape or

footpath/pedestrian safety;

The parking is in the form of a residential driveway beside the existing building. The driveway form is compatible with the streetscape and would not unduly compromise pedestrian safety. Complies.

Adequate sight distances and traffic calming measures to ensure pedestrian safety; and

There is adequate sight distance for reverse manoeuvres to the street. A condition is included in the recommendation on this matter. Complies.

Driveway footpath crossing maximum 9m from intersection (for corner sites).

Not applicable.

Built Form and Scale

 

Comment

 

Integrate with the character of the existing streetscape and built form, for example, the design of proposals located in residential areas should be consistent with the prevailing streetscape and built form.

The proposal utilises the external fabric of an existing dwelling. The existing building is old and already forms part of the established character in the street. Complies.

Generally be ground floor accommodation only, especially for 0-2 year olds.

There is ground floor accommodation for 0-2 year olds. Older children are accommodating on the first floor. The proposal partially complies with this criterion.

Amenity and Privacy

 

Comment

 

Orientation of the building should preserve the visual and acoustic amenity and privacy of adjacent properties;

Visual and Acoustic privacy are addressed under Section 9 of this report and found to be satisfactory. Complies.

The location of open spaces, playground areas and balconies / terraces accessible by children should be designed to minimise direct views to, or from adjacent properties;

The out-door play areas are at ground and first floor level. Privacy to/from ground and first floor levels would be preserved by the installation of screens. The outdoor play areas would be covered with removable shade sails and operable louvres that would, in ordinary use, provide an adequate level of privacy to/from the upper levels of the nearby residential flat buildings to the east and north. Complies.

Outdoor Spaces

 

Comment

 

Locate, where practicable, to the north or north eastern side of the building;

The outdoor play areas are located on the eastern side of the building. During the winter solstice, the ground level space would enjoy mid-morning and early afternoon solar access. The upper level would enjoy a slightly greater range of solar access. Complies.

Locate away from the main entrance, car parking area or vehicle circulation areas;

The outdoor play areas are physically separated from the on-site car parking. Complies.

Provide adequate separation from the living/bedroom windows of surrounding dwellings in residential locations;

Separation from outdoor play areas at ground level is provided by an acoustic fence and upper levels by an acoustic balustrade. Complies.

Design and layout should maximise clear sight lines to the main indoor play areas of the child care centre;

There are clear sight lines from indoor spaces to outdoor spaces. Complies

Easily accessible from main indoor spaces;

Outdoor spaces are directly connected to indoor spaces. Complies

At least one half to be unencumbered and available for vigorous play; and include a variety of surfaces, for example, grass, sand, hard paving and mounding; and

The outdoor play areas include a range of dedicated play facilities and include climbing ropes, sand-pits, play platforms, water features and interactive garden areas. Complies.

Adequate storage area for garbage and recycling bins.

A bin storage area is provided for 3 x 240 litre bins. Complies.

Landscaped areas

 

Comment

 

Provide adequate shading and landscaping in a combination of artificial and natural forms, for example, shade sails and native vegetation.

The proposed outdoor play are proposed to be mostly covered with shade sails and operable louvres The proposal retains a significant shade tree on the site and proposes additional landscaping. Complies.

Indoor spaces

 

Comment

 

Recommended north-north east aspect;

The upper terrace and northern play areas enjoy good solar access. The proposal partially satisfies the requirements of this clause.

Provide play areas adjacent to outdoor play areas to facilitate easy supervision;

There are clear sight lines from indoor spaces to outdoor spaces. Complies

Toilets should be easily accessible from play rooms and adjacent to outdoor play areas; and

Toilets are located on both levels and are accessible directly from play rooms, and outdoor play areas. Complies.

Provide good ventilation.

Indoor spaces are proposed to be mechanically ventilated. Complies

 

The non-compliances are generally a result of space limitations on the site. The policy prefers a large accessible corner site allowing single level accommodation, on-site car-parking and a drive-through drop-off pick-up area.

 

The proposal satisfies legislative requirements for accessibility and would utilise available parking in the street for a drop-off and pick-up zone. These aspects of the proposal would perform in an acceptable manner. The lack of premium site characteristics is not considered a sound reason for refusal of consent.

 

Rainwater-Tank Policy

This policy does not require a water tank to be installed for the proposed use.

 

Asbestos Policy

Several conditions are included in the recommendation to ensure compliance with Council’s asbestos policy during construction work.

 

9.    DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS

 

Draft State Environmental Planning Policy (Application of Development Standards) 2004 (Draft SEPP 2004)

 

The Draft SEPP 2004 seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce new provisions for assessing whether flexibility of a planning standard are acceptable or not.

 

The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however, it is considered that the proposal results in a better environmental outcome on the site than that which could have been achieved had the standards been complied with due to its design quality, in particular its scale and form within the streetscape.  An assessment of the proposal against the existing provisions of SEPP No. 1 and against Council’s statutory control and its objectives has been made in this report.

 

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.

 

Noise

A noise impact assessment was prepared by RSA Acoustics. The consultant conducted a physical analysis of background noise levels and postulated various operational scenarios for the indoor and outdoor play areas (windows open or windows closed, etc). The assessment also reviewed the noise impact from air-conditioning units and car movements in the car park.

 

The consultant concludes that the operation of the facility would be generally quieter than the regular background noise in the area, subject to a number of conditions.

 

Council’s Environmental Health Officer made the following comments on the report:

 

An acoustic report titled Proposed Childcare Centre 45 Market Street Randwick report number 1965 dated April 2006 prepared by RSA Acoustics has been submitted in support of this application.

 

The report identifies that the centre will cater for up to 46 children aged 0-5 years.

 

The report has determined that project specific criteria for noise is the amenity criteria of 47 dB(A) at the nearest premises. 

 

The report has considered noise impact due to internal noise levels, assessment of noise from external educational play activity area, assessment of noise impact due to vehicle movements associated with parking and assessment of air conditioning noise emissions. The report concludes that subject to recommended conditions, the proposed use will be able to operate without a significant loss of acoustic amenity to local residents and will comply with the requirements of the Protection of the Environment Operations Act 1997 and relevant NSW DEC guidelines.

 

These recommended conditions are:

 

 

 

 

 

 

The recommendation in this report includes various conditions to ensure compliance with noise amenity criteria and for compliance to be certified one month after the proposed use begins.

 

 

Visual Privacy

 

The nature of surrounding development is described as follows and shown in Figure 7 below:

 

East (No 32):           4-storey residential flat building. Living room windows face west and look over the subject site.

 

North-east (No 30):  4-storey residential flat building. Living room windows face west. Balconies face north west.

 

North (No 41):         4-storey residential flat building. There are no living room windows that look directly over the subject site.

 

South (No 47):         2-storey dwelling. There are no living room windows that overlook the site. The proposed upper deck could be seen from the rear yard.

 

South (No 7):           2-storey dwelling more than 15 metres from the site. The proposed upper deck could be seen from the rear yard.

 

South (No 9):           2-storey dwelling more than 15 metres from the site. The proposed upper deck could be seen from the rear yard.

Figure 7- Aerial photograph showing surrounding development – north is

 

The proposal includes a number of measures to protect the visual privacy of surrounding dwellings. A 2.2 metre high wall on the southern, eastern and northern boundaries would protect privacy from the ground level play area. A 1.5 metre acoustic balustrade would protect privacy from the upper level play deck. A roof, louvres and shade sails would offer adequate protection to higher dwellings that overlook the site. Privacy is supplemented by a row of Melalueca armillaris (Bracelet Honey Myrtle) on the rear boundary. Operating hours would be from 7am to 6pm and there would be no night time intrusions on privacy. These measures are considered adequate to protect the existing levels of privacy enjoyed by the residents of surrounding dwellings.

 

Food Safety (Environmental Health Officer)

 

Detailed kitchen information was submitted with the application and details that the centre proposes to serve morning tea, lunch and afternoon tea to children. These meals will be prepared off site and delivered. The kitchen in the centre has been designed to receive and serve these meals and it is not proposed that the kitchen be a full meal preparing kitchen.

 

It is considered that the kitchen facilities will need to be registered with Council and NSW Food Authority and as such standard conditions requiring this should be attached to any consent given.

 

Stormwater and Drainage (Development Engineer)

 

On site stormwater detention is required for the redeveloped portion of the site.

 

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

 

BCA Building Classification (Building Services Officer)

 

Class       -        9b      (early childhood centre/assembly building)

 

Building Code of Australia  (Building Services Officer)

 

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.

 

Site Management (Building Services Officer)

 

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

 

Access for people with a disability (Building Services Officer)

 

The proposal does not demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Access and sanitary facilities for people with a disability is required to be provided to the development in accordance with the provisions of the BCA.

 

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

 

Landscaping and tree conservation (Landscape Technician)

 

The proposal includes landscaping work for the site. The front yard would be landscaped in a semi-formal style with Magnolia trees and Gardenias giving a sense of arrival for the front entrance and positively contributing to the public domain. Car spaces at the side of the existing building are proposed to be stabilised turf to minimise the impacts of concrete or other hard-stand. Landscaping at the rear of the site includes a dense row of Bracelet Honey Myrtle along the rear boundary, contributing to privacy and various experiential landscaping elements like a sand-pit, play platform and rope bridge. The proposal was amended to retain a significant Spotted gum in the rear yard. Other palm species on the site are proposed for removal. There is one street tree adjacent to the site, but it would not be affected by the proposed development.

 

Council’s Landscape Technician made the following comments on the landscaping proposal:

 

On Council’s Market Street nature strip, to the south of the existing vehicle crossing, there is one Tristanopsis laurina (Watergum) of only around 2 metres in height which would remain largely unaffected by the proposed works; however, minimal protection measures will still be required in order to retain Council’s tree asset in the streetscape.

 

The Plumeria acutifolia (Frangipani) of about 4 metres in height near the front (western boundary) in the southwest corner of the site, is a desirable and attractive species which could be reasonably incorporated as an existing landscape element into the proposal; however, the site inspection confirmed that it is too small to be covered by the provisions of Council’s Tree Preservation Order, and while consent is technically not required for its removal should the applicant wish, permission has still been listed in this report for the clarification of the applicant.

 

In the rear yard, hard up against the northwest corner of the existing dwelling, there is one Syagrus romanzoffianum (Cocos Palm) of 8 metres in height. This species is no longer covered by Council’s revised Tree Preservation Order, and as it is in direct conflict with the proposed rear extension, it shall be removed subject to suitable and appropriate replacement planting being provided in its place.

 

Still in the rear yard, there is one Phoenix canariensis (Canary Island Date Palm) along the eastern boundary which appears to have self seeded rather than being planted. Regardless, this species is deemed completely inappropriate and undesirable in the context of a child care facility given the sharp and poisonous spines on its fronds, and as such, shall be removed as part of the proposed works.

 

Near the centre of the rear yard, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 6 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order. It is not considered to be a significant specimen, which would warrant a redesign to accommodate its retention, and as such, consent has been granted for its removal in this report.

 

In the rear yard, along the northern boundary, there is one Corymbia maculata (Spotted Gum) of approximately 16 metres in height which can be clearly seen from the street and surrounding properties, appears in good health and condition, and is covered by Council’s Tree Preservation Order.

 

It is regarded as a specimen of reasonable to high significance, with its value and contribution to environmental amenity to only increase in time as it matures to its full dimensions. Its ability to provide shade, which is seen as a highly desirable characteristic for a child care centre, is also an important consideration for the site.

 

Council advised in previous applications for this site that a minimum setback of 3.5 metres from the outside edge of its trunk to any excavations or proposed structures would be required, with the current plans indicating 3 metres being provided at ground level, with the first floor setback a distance of only 1.2 metres.

 

A consistent approach to this issue is required as there is no basis for altering the specific recommendations which have been provided previously.

 

This exclusion zone is necessary both to protect the southern side of the root plate from damage/disturbance during the course of excavation/construction, as well as to ensure sufficient allowance is made to accommodate the future growth of this tree both above and below ground.

 

But more importantly, Council’s revised Tree Preservation Order now allows for any tree (other than in heritage listed areas) to be removed without Council consent where it is located within 2 metres from the outside of its trunk to the vertical alignment of any part of an existing structure when measured 1 metre above ground level.

 

Ultimately, in order to avoid the applicant’s ability to remove this tree upon completion of the proposed works without any recourse being available, Council’s Landscape Development Officer recommends that the plans be amended to show the setbacks as detailed in condition 39b of this report. [The proposal has since been amended to reflect this requirement]

 

However, the planning officer will need to determine whether amended plans showing the changes requested are provided prior to the granting of development consent, or whether the conditions provided in this report are sufficient for this purpose.

 

The plans indicate that landscape treatment in the form of play equipment, water features and new planting will be provided; however, a more thorough design by a qualified professional will need to be provided.

 

The plan was amended to accommodate the Officer’s concerns for the Spotted Gum. Conditions are included in the recommendation.

 

Public interest

The proposal generally satisfies the zone and policy requirements for the site. Approval is considered to be in the public interest.

 

Suitability of the site

The proposal generally satisfies the zone and policy requirements for the site. There are no physical or social constraints that would be adverse to the development. The site is considered to be suitable for the development.

 

11. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

Outcome 4:        Excellence in urban design and development

Direction 4a:      Improved design and sustainability across all development

Key Action:        Encourage and reward design excellence and sustainability

 

12. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13. CONCLUSION

 

The proposal involves the conversion of an existing two-storey residential building to a dedicated child care facility for 46, 0-5 year olds at 45 Market Street, Randwick.

 

The land is zoned 2B Residential and is located 300 metres south of Queens Park.

 

The proposal was publicly advertised in accordance with policy and council received objections from 22 respondents. The issues raised include the impact on visual and acoustic privacy, traffic and parking, solar access, general residential amenity, crime safety and property values. These matters are addressed in this report.

 

The proposal was accompanied by specialist’s reports for noise and traffic, a management plan, and a statement of compliance with the requirements of the Children’s Services Regulation. The proposal is considered to satisfy the objectives of Council’s LEP and recently adopted Child Care Centre’s Policy.

 

It is therefore recommended that approval be granted subject to conditions.

 

RECOMMENDATION:

 

A.  That Council support the objection under State Environmental Planning Policy No. 1 (SEPP 1) in respect to non-compliance with Clauses 31 of the Randwick Local Environmental Plan 1998 (as amended) relating to landscaped area on the grounds that the proposed development complies with the objectives of the Clause, and will not adversely affect the amenity of the surrounding locality, and that Department of Planning be advised accordingly.

 

B.  That Council as the responsible authority grant deferred commencement consent under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 658/2006 for change of use to Change of use to Child care centre accommodating 46 children operating from 7 am to 6 pm Monday to Friday.  Proposal includes alterations and additions, time-limited on-street parking, stacked off-street parking, acoustic barriers and landscaping.; alterations and additions including rear terrace; stacked parking and limited street parking at 45 Market Street, Randwick NSW subject to the following conditions:-

 

Deferred commencement conditions

The consent shall not operate until the following material has been submitted to and approved by the Director of City Planning.

 

1.       Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board). The colours, materials and finishes of the external surfaces to the building are to be selected to maintain the integrity and amenity of the building and the streetscape.

 

2.       Design details of the shade sails in the rear yard. The height of the shade sails must not create additional overshadowing on adjoining land.

 

3.       The proposed side and rear fencing  shall be sited within the property boundaries of the subject site, unless there is agreement with the adjoining owners under the Dividing Fences Act Design details including acoustic performance must conform to the Acoustic Consultant’s recommendations and be specified on the plan.

 

4.       Design details of balustrade on the upper level play area. Acoustic performance must conform to the Acoustic Consultant’s recommendations and be specified on the plan.

 

5.       A landscape plan prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA) shall be submitted to the satisfaction of the certifying authority, prior to the issue of a construction certificate, including the following requirements:

 

i)   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 trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

ii)  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.

 

iii)  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 suitable mixture of shrubs, accent plants and ground covers which are suitable for the intended use.

 

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

 

v)  Plant selection shall be restricted to species that require minimal watering once established or species with water needs that match rainfall and drainage conditions (of which Gardenia’s would not comply), incorporating suitably selected and located shade trees, and avoiding species known to be toxic, poisonous or to cause skin irritations or breathing difficulties.

 

(NOTE: The applicant should liaise with the Department of Community Services (DOCS) for their requirements relating to play equipment, water features etc in child care centres, which are indicated for inclusion in the rear portion of the site).

 

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

 

Referenced plans

1.       The development must be implemented substantially in accordance with the plans numbered DA03, DA04, DA06A, DA07A, DA08, DA09, DA10A, DA11, DA12A and DA13A, dated August and October 2006 and received by Council  15 August 2006 and 7 November 2006, and on 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 as may be shown in red on the attached plans:

 

The following conditions are applied to satisfy the licensing requirements of the Department of Community services:

 

2.       The building must  be constructed/adapted in accordance with the NSW Children and Young Persons’ (Care and Protection) Act 1998, and the NSW Children’s’ Services Regulation 2004.

 

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:

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

4.       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.

 

5.       The acoustic report titled Proposed Childcare Centre 45 Market Street Randwick report number 1965 dated April 2006 prepared by RSA Acoustics, and the  recommendations contained within, form part of this approval.

 

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

 

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

 

7.       The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

9.       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:

 

10.     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.

 

11.     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:

 

a.  Food handling – skills, knowledge and controls.

b.  Health and hygiene requirements.

c.  Requirements for food handlers and businesses.

d.  Cleaning, sanitising and maintenance.

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

 

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.

 

12.     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.

 

13.     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.

 

14.     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.

 

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

 

a.  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.

 

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

 

c.  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.

 

d.  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.

 

e.  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.

 

f.   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.

 

g.  All stoves, refrigerators, bain-maries, stock pots, washing machines, hot water heaters, large scales, food mixers, food warmers, cupboards, counters and bars are 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.

 

h.  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.

 

i.   Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings. 

 

j.   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.

 

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

 

l.   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.

 

16.     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 60C 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 5C and keep this food cold at or below that temperature.

 

17.     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.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

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

 

a)       $1000.00       -        Damage / Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

o                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

o                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:

 

19.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

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

 

b)  Reconstruct any damaged sections of kerb and gutter along the full site frontage except opposite the vehicular entrance.

 

c)  Reconstruct the existing concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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

 

21.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.     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.

 

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

 

28.     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.

 

29.     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.

 

30.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

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

 

31.     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, and 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.

 

32.     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.

 

33.     All site stormwater from the redeveloped portion of the site must be discharged (by gravity) to either:

 

a)  The kerb and gutter or drainage system at the front of the property; OR

b)  A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

34.     Should stormwater from the redeveloped portion of the site be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

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

 

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

 

36.     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.

 

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

 

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

 

i)      150mm in uncovered carparking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

44.     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.

 

45.     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:

 

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

 

 

 

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

 

 

 

 

“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.

 

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

 

Notes:

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

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

c.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

47.     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:

 

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

ii)     Finished site contours at 0.2 metre intervals;

iii)     Volume of storage available in the detention areas;

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

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

vi)    Details of any infiltration/absorption systems; and

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

 

48.     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:

 

49.     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.

 

50.     The waste storage areas shall be clearly signposted.

 

51.     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 provide adequate provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

52.     Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA; and Council, if Council is not the PCA) prior to the issuing of a final occupation certificate, confirming that the landscape works have been installed in accordance with the approved landscape plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

53.     Those areas of Council's Market Street footway which become damaged as a result of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be completed prior to the issue of a final Occupation Certificate.

 

Tree Management

 

54.     Approval is granted for the removal of the following trees from the site, subject to implementation of landscaping which is in accordance with the landscape plan approved by the certifying authority for the construction certificate.

 

a)     One Plumeria acutifolia (Frangipani) in the front yard, near the western boundary, in the southwest corner, should the applicant wish, as it is too small to be covered by the provisions Council’s Tree Preservation Order. (If this tree remains unaffected by the proposed works, retention of this existing site feature would be desirable.)

 

b)     One Syagrus romanzoffianum (Cocos Palm) in the rear yard, hard up against the northwest corner of the existing dwelling as this species is no longer covered by Council’s revised Tree Preservation Order.

 

c)      One Phoenix canariensis (Canary Island Date Palm) in the rear yard, along the eastern boundary as it is an inappropriate specimen within a child care centre given the sharp, poisonous spines on its fronds.

 

d)      One Archontophoenix cunninghamiana (Bangalow Palm) near the centre of the rear yard in order to accommodate the proposed as shown.

 

Tree Protection Measures

 

55.     In order to ensure the retention of the Tristaniopsis laurina (Watergum) on Council’s Market Street nature strip to the south of the existing vehicle crossing in good health, the following measures are to be undertaken:

 

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

 

b.       The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 1 metre from the outside edge of its trunk to completely enclose the tree.

 

c.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, with signage on the fence clearly displaying: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

d.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

56.     In order to ensure the retention of the Corymbia maculata (Spotted Gum) located in the rear yard, along the northern boundary, beyond the northwest corner of the existing dwelling in good health, the following measures are to be undertaken:

 

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

 

b.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall be amended to show that the proposed ground level will be setback a minimum distance of 3.5 metres from the outside edge of its trunk, with no part (including eave, guttering etc) of the proposed first floor addition located within 2.5 metres of the outside of its trunk.

 

c.       All detailed documentation submitted for the construction certificate application will be required to show that other than directly beneath the proposed first floor addition at the north east extremity of the proposed dwelling, a permeable surface treatment (turf, bark/mulch, pebbles or a similar approved alternative) shall be maintained beneath the extent of the dripline of this tree, comprising the area bounded by the northern edge of the proposed rear extension and play area nominated in the northeast corner of the site

 

d.       The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which is to be located a minimum distance of 1.5 metres off the western side of its trunk, 1.5 metres to its south and 2.5 metres to its east, linking up with the northern boundary to completely enclose this tree.

 

e.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, with signage on the fence clearly displaying: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

e.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed and no stockpiling of soil or rubble.

 

f.        A 75mm layer of woodchip mulch shall be provided within this fenced off area for the duration of the works.

 

g.       Any excavations associated with the northern edge of the proposed rear extension shall be initially performed by hand, with any roots encountered along this line of excavation to be cut cleanly by hand under the supervision of a qualified Arborist, with the affected area backfilled as soon as practically possible.

 

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

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     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.

 

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

 

  1. appoint a Principal Certifying Authority for the building work, and

 

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

 

  1. 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

 

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

 

62.     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.

 

63.     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).

 

64.     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.

 

65.     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.

 

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

 

a.             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

b.             name, address and telephone number of the Principal Certifying Authority,

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

 

67.     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.

 

68.     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.

 

69.     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.

 

70.     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.

 

71.     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:.

 

72.     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:

 

73.     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:

 

a.             Occupational Health and Safety Act 2000

b.             Occupational Health and Safety (Hazardous Substances) Regulation 2001

c.             Occupational Health and Safety (Asbestos Removal Work) Regulation 2001

d.             WorkCover NSW Code of Practice for the Safe Removal of Asbestos

e.             Australian Standard 2601 (2001) – Demolition of Structures

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

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

h.             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.

 

74.     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.

 

75.     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.

 

76.     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.

 

77.     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.

 

78.     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:

 

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

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

c.     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.

 

79.     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.

 

80.     All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

81.     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.

 

82.     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.

 

83.     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.

 

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

 

85.     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.

 

86.     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.

 

87.     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.

 

88.     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.

 

89.     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:

 

a.     location and construction of protective fencing / hoardings to the perimeter of the site;

b.     location of site storage areas/sheds/equipment;

c.     location of building materials for construction;

d.     provisions for public safety;

e.     dust control measures;

f.      site access location and construction

g.     details of methods of disposal of demolition materials;

h.     protective measures for tree preservation;

i.      provisions for temporary sanitary facilities;

j.      location and size of waste containers/bulk bins;

k.     details of proposed sediment and erosion control measures;

l.      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.

 

90.     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.

 

91.     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.

 

92.  Dust control measures and practices may include:

 

a.             Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

b.             Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

c.             Installation of a water sprinkling system or provision hoses or the like.

d.             Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

e.             Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

f.              Revegetation of disturbed areas.

 

93.     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.

 

94.     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.

 

95.     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.

 

96.     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.

 

97.     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.

 

98.     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.

 

99.     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.

 

100.    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.

 

101.    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.

 

102.    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:

 

a.  Install or erect any site fencing, hoardings or site structures

b.  Operate a crane or hoist goods or materials over a footpath or road

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

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

 

ADVISORY MATTERS:

 

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

d)       Part D3                   -        Access for people with disabilities

e)       Part E3                    -        Lift Installations

f)       Part F1                             -        Damp and weatherproofing

 

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.

 

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.

 

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 applicant may wish to pursue the installation of signage on the roadway opposite the site frontage (between the vehicular access to the site and the vehicular access to 47 Market Street south of the site) restricting parking to 15 minutes between the hours of 7-9am and 4-6pm weekdays. The signage would require approval from the Local Traffic Committee.

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

24 January, 2007

FILE NO:

DA/733/2004/A & PROP037057

 

PROPOSAL:

 Section 96 - Modification of approved development for the Doncaster Hotel by deletion of a foldable screen on the first floor outdoor dining terrace, allow 135 patrons on outdoor dining terrace during permitted hours of operation, alter hours of use of the outdoor dining terrace to Monday to Saturday 11am to 11pm, Sunday and public holidays to 12 midday to 10pm, alter Condition 121 relating to permitted noise levels and alter plan of management.

PROPERTY:

 268-270 Anzac Parade, Kensington

WARD:

 West Ward

APPLICANT:

 Doncaster Operations Pty Ltd

OWNER:

 Kelly No.4 Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

 

 

 

 

 

Submissions received

 

Ù

North

 

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the application is made under Section 96AA of the Environmental Planning and Assessment Act, 1979.

 

The proposal is seeking consent to alter the operating hours of the rear first floor terrace of the Hotel and delete a foldable screen located on the terrace that a condition of consent requires to be used to confine patrons to a smaller section of the terrace. The NSW Land and Environment Court in the appeal against the refusal of the application stated that the modifications to the operating hours of the terrace may contravene the licensing conditions for the site and imposed conditions requiring the screen and limiting the use of the terrace. The applicant subsequently lodged and received approval from the Licensing Court to modify the Licensing conditions and extend the use of the terrace from 6pm until 10pm.

 

The application was lodged on 27 July 2006 and notified and advertised to the surrounding properties from 16 August to 30 August 2006. One objection was received from a resident on Doncaster Avenue during this advertising period and raised concerns regarding the potential acoustic and anti-social impact of the proposed modifications.

 

A letter was sent to the applicant on 21 September 2006 requesting an amended acoustic report to be completed that reflected the potential noise generation from the proposed modifications to the terrace area. A letter from the applicant received on 17 October 2006 requested that assessment of the application be held in abeyance until the requested acoustic information was provided.

 

Additional information was received by Council on 28 November 2006 that did not provide an amended acoustic report however did include a statement from the applicant’s acoustic consultant that stated a previous acoustic report had undertaken an analysis of the potential acoustic impact of the terrace during the requested modified times. This information was forwarded to Council’s Environmental Health Officer for comment.

 

After receiving confirmation from Council’s acoustic consultant that the use of the entire rear first floor terrace until 12 midnight would have minimal acoustic impact, Council’s Environmental Health Officer raised no objection to the proposed modifications. It was considered that the acoustic privacy of the adjacent residential dwellings would not be adversely impacted by the proposal.

 

The proposal was referred to Council’s heritage officer and no objection to the modifications was raised. The application was also referred to the licensing officer of the NSW Police. No submission or objection was received within the period for comment.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The original application approved by the NSW Land and Environment Court grants consent to undertake substantial internal and external alterations to the Hotel including a new rear first floor terrace. The proposal seeks to modify conditions of consent and the

 management plan of the approved development relating to the use of the first floor dining terrace located on the northern side of the existing hotel. Specifically the proposal seeks to delete a foldable screen to the rear first floor terrace and thus utilise the entire terrace are after 6pm. The proposal also proposes to modify a number of conditions of consent and the plan of management to allow the use of the terrace until 10pm on Sunday and public holidays and 11 pm from Monday to Saturday.

 

The proposed modifications to the consent conditions include:

 

Condition 2

 

The existing Condition 2 reads:

 

“The first floor terrace is to be modified to provide for an acoustic screen at the perimeter of the terrace in the position marked in red on approved plan DA-03C to a height of 2.5 metres above finished floor level and to be constructed of 10mm thick acoustic glazing with all gaps between panes sealed with silicon sealer. Details are to be provided on the plans submitted with the Construction Certificate application.”

 

The applicant seeks to add a new Condition, 2A, to read:

 

The glass foldable screen on the first floor outdoor dining terrace is to be removed.

 

Condition 9

 

The existing Condition 9 reads:

 

“Between Hotel opening and 6.00pm, the first floor terrace is to be limited to a maximum number of 135 patrons at any one time. After 6.00pm the first floor terrace is to be limited to a maximum number of 50 patrons at any one time.”

 

The applicant seeks to delete Condition 9 and replace with new Condition 9 to read:

 

The number of patrons on the first floor terrace is to be limited to 135 at any one time during its permitted hours of operation.

 

Condition 117

 

The existing Condition 117 reads:

 

“The hours of the outdoor dining areas are restricted to:

 

a.           Monday to Saturday

 

i.            11:00am to 6:00pm for the whole of the area; and

ii.           6:00pm to 11:00pm for the area shown to the east (Doncaster Avenue side) of the folding glass fence shown on approved plan DA-03. The remaining area of the first floor terrace is to be closed with no access after 6:00pm.

 

b.           Sunday and Public Holidays

i.            12:00 midday to 6:00pm for the whole area; and

ii.           6:00pm to 10:00pm for the area shown to the east (Doncaster Avenue side) of the folding glass fence shown on approved plan DA-03. The remaining area of the first floor terrace is to be closed with no access after 6:00pm.

 

For the period from 6:00PM until close on each night, the outdoor dining area shall be cordoned off by closing and securing the folding glass fence shown on

the approved plan DA-03. At 6:00PM Hotel staff are to escort patrons from the western side of the outdoor terrace indoors or to the eastern side of the terrace and Doors D11 and D13 are to be closed and locked to prohibit general access to the western area of the outdoor terrace. Door 10 is to be closed at 6:00PM and locked as soon as practicable after cleaning of the western area of the terrace”

 

The applicant seeks to delete Condition 117 and replace with a new condition 117 which reads:

 

The hours of operation of the outdoor dining area are restricted to:

 

a.           Monday to Saturday 11:00am to 11:00pm,

b.           Sunday and public holidays 12:00 midday to 10:00pm.

 

Condition 121

 

The existing Condition 121 reads:

 

“The LA10 noise level emitted from the licensed premises shall not exceed the background noise level LA90 in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level LA90 in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 12.00 midnight and 7.00am at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Notwithstanding, compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.”

 

The applicant seeks to delete condition 121 and replace with new condition 121A and 121B which read:

 

121A: Subject or condition 121B, the LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding, compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00am midnight and 07.00am.

 

In this Condition 121A, “any affected residence” means any affected residence other than any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue Kensington.

 

121B: Condition 121A does not apply in respect of the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington and instead the following noise criteria shall apply in respect of that building.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Ban Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00am midnight when the LA10 noise level is measured inside any habitable room of any residential lot when the doors and windows of the residential lot are closed.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding, compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121B, “any habitable room of any residential lot” means any habitable room of any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

In this Condition 121B, “any affected residence” includes any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

Plan of Management

 

Proposed modifications to the Plan of Management involve the deletion of clause 10.4 and the replacement with a reworded clause.

 

The existing clause reads:

 

10.4: At 6pm, the glass foldable screen on the outdoor dining area shall be drawn and secured to create the one-third dining area. Use of the two-thirds dining area shall cease and all doors leading to this area locked as soon as practicable after cleaning. At 10pm on Sundays and 11pm Monday to Saturday all use of the outdoor dining area shall cease and any remaining patrons escorted inside. The doors to the one-third dining area shall be locked as soon as practicable after cleaning.”

 

The proposed modified clause reads:

 

10.4: At 10pm on Sundays and 11pm Monday to Saturday all use of the first floor terrace shall cease and any remaining patrons escorted inside. The doors to the first floor terrace shall be locked as soon as practicable after cleaning.”

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is located at 268 – 270 Anzac Parade, Kensington and the property description is Lot 102 in DP 1005785. The site is located on the eastern side of Anzac Parade and on the western side of Doncaster Avenue in Kensington, at the north eastern junction of these two streets. The nearest cross street to the site is Darling Street to the north of the subject site.

 

The site area is 967.5sqm and is generally triangular in shape having frontage to Anzac Parade and Doncaster Avenue (the apex of the triangle occurring at the intersection of these two streets). The Doncaster Avenue (eastern) frontage measures 43.86 metres and the Anzac Parade (western) frontage measures 50.575 metres. The southern boundary forms the apex of the triangle and measures 1.815 metres. The rear (northern) boundary adjoins the site of an approved development at 240-266 Anzac Parade known as the ‘Capella Apartments’ and have been recently completed. This boundary is currently straight, but takes a diagonal line from northwest to southeast, and measures approximately 38 metres in length.

 

The site is located at the southern end of the Kensington Town Centre and the locality is comprised of a variety of uses. To the east, along Doncaster Avenue, development is predominantly comprised of small to medium scale residential buildings including single dwelling houses and residential flat buildings. Further to the east behind Doncaster Avenue is the Randwick Racecourse and further to the south east is the University of NSW.

 

Across Anzac Parade to the west at 199 – 201 Anzac Parade is the Masonic Temple, which is listed as a heritage item under the RLEP 1998.

 

Adjacent to the site to the north, at 240-266 Anzac Parade is the 5-8 storey mixed use residential/commercial development known as ‘Capella Apartments’ which has been recently completed. Further to the north of the subject site are existing 1-2 storey commercial buildings and residential flat buildings up to three storeys in height that characterise the existing Kensington Town Centre.

 

Figure 1 is a photograph of the subject site from the intersection of Anzac Parade Doncaster Avenue. Figure 2 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site from the corner of Doncaster Avenue and Anzac Parade.

4.    SITE HISTORY

4.1      Application History

The Section 96 application was lodged on 27 July 2006 and notified and advertised to the surrounding properties from 16 August to 30 August 2006. One objection was received from a resident on Doncaster Avenue during this advertising period and raised concerns regarding the potential acoustic and anti-social impact of the proposed modifications.

 

The applicant was requested to provide an acoustic report that detailed the noise generation of the first floor terrace due to the extended operating hours of the terrace and the removal of the foldable screen. A letter was sent to the applicant on 21 September 2006 requesting the additional information. The applicant was also requested to provide plans that indicated that scope of works.

 

The updated acoustic information was received by Council on 29 November 2006 and referred to the Environmental Health Officer. The additional information did not warrant a further renotification to the surrounding properties.

 

4.2      History of Site Usage

 

The Doncaster Hotel was built in 1922 to 1923, is listed as a heritage significant item in the Randwick Local Environmental Plan 1998 and is considered a significant cultural building in the Kensington Town Centre and the surrounding area. Currently the site is occupied by a 3-4 storey hotel building, which is listed as a heritage item under Randwick LEP 1998. The building is comprised of an original three level hotel building with later fourth level addition over its northeastern corner and a single storey bistro building attached to the rear of the original hotel structure at ground floor level.

 

Figure 2: The subject site and surrounding area

There have been a number of development applications for the site involving alterations and additions to the internal and external sections of the Hotel. The original application 733/2004 was lodged on 1 September 2004 and proposed a significant internal and external refurbishment of the Hotel including alterations and additions to the existing Doncaster Hotel including the demolition of the existing bistro, beer garden and bottle shop and reconstruction to include a new lounge bar area and first floor outdoor dining area, new fire stair and internal changes to create function rooms and administration areas.

 

Whilst the proposal did not alter the height or number of floors of the existing Hotel, it did significantly alter the internal arrangement of public access areas and existing accommodation. The proposal increased the area used by patrons by 600sqm by removing existing non-bar areas such as accommodation on the second floor in favour of bar and function rooms. The original application was refused under delegated authority on 21 March 2005.

 

The main points of refusal included the unreasonable acoustic impact the proposal would have to the general amenity of the surrounding environment, lack of information regarding traffic, parking and flooding and the impact the proposal would have to the heritage significance of the building. The reasons for refusal also included a lack of detail provided with the Plan of Management specifically management of the site during Randwick Racecourse race days and functions, anti-social behaviour of patrons, ambiguity pertaining to garbage disposal, the impact of the development to safety and security in the surrounding area, the adverse impact of the development to the amenity of the neighbouring residents, the failure of the proposal to demonstrate compliance with the relevant clauses of the Randwick LEP 1998 and that the design and form of the addition was inconsistent with the desired future character of the subject site and the Kensington Town Centre.

 

4.2.1   Land and Environment Court and Licensing Court history

 

Council’s decision was appealed at the NSW Land and Environment Court as Matter No.11535 of 2004. The Court upheld the appeal and approved the development on 4 August 2005 with 135 conditions and the Doncaster Hotel Management Plan. The Court approval followed an amendment to the development application to limit the use of the first floor dining terrace to one third of its area after 6pm. This amendment was made on 4 May 2005 by Commissioner Moore which determined that the Court could not approve the development application for the use of the whole of the terrace as such an approval may breach the existing noise condition of the Hotel’s Liquor Licence.

 

The Commissioner advised that the application should apply with the Licensing Court to have the noise condition amended so that the use of the whole terrace would not breach the existing licence. The applicant applied to vary the noise condition, to extend the use of the rear first floor terrace after 6pm, on its licence and on 6 June 2006 the Full Bench of the NSW Licensing Court delivered Judgement approving the variation.

 

In reaching the decision, the Licensing Court agreed that both the Hotel and Capella Apartments were located within the Town Centre as stipulated in the Kensington Town Centre DCP and that subclause vi of part 4.7.1 Acoustic Privacy of the DCP states that when residential buildings are built that the repeatable maximum Laeq (1 hour):

 

“...when doors and windows are shut and mechanical ventilation or air conditioning is operating does not exceed: 38dB(A) between 10:00pm and 7:00am in sleeping areas; and 46dB(A) in living areas (24 hours).”

 

was relevant to the application to alter the existing licence conditions of the site. The terms of restriction on the use of the site pursuant to Section 88B of the Conveyancing Act 1919 specifies that “noise from the operation of the Doncaster Hotel when assessed inside any habitable room of any residential lot in the Development is during the period from 7.00am to midnight in compliance with the residential L10 criterion of no more than 5 dB above the L90 background.”

 

The Court confirmed in the judgement that the application to vary the licensing conditions would not abdicate the Hotel’s obligation not to operate so as to cause undue disturbance to the quiet and good order of the neighbourhood as stipulated in section 104 of the Liquor Act 1982. The Court affirmed that section 104 of the Act would “provide the necessary protections of a statutory nature to the residents of Capella Apartments and of the neighbourhood.” In the Licensing Board judgement it was established that the Hotel would be constructed in compliance with the standards set out in part 4.7.1 of the DCP and that any prospective buyers of the Capella Apartments would be aware:

 

-   Of the restriction as to use of the site as stipulated in the 88B instrument on the site

-   The Hotel is next door to the development

-   That the Hotel has an outdoor area

-   That there will be noise from its use

-   Their unit has sound protection measures and a limited use of the external air

-   They are in a town centre on a very busy road system and that there is a lot of traffic noise.

 

It was concluded by the Court that residents in the Capella Apartments would be able to open their windows with the knowledge that they would be exposed to some noise from the rear terrace area of the Hotel also “considerable traffic noise and additional noise from the use of the neighbourhood itself.”

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the DCP – Public Notification. The following submission was received:

 

5.1 Objections

 

Suzanne Egan – 172a Doncaster Avenue, Kensington

 

Issue

Comment

The objector experiences adverse health impacts from the noise disturbance and anti-social behaviour of the existing operation of the Hotel.

The objector is concerned that any extension to the first floor terrace will significantly increase existing acoustic and anti-social impacts.

The proposal will result in a potential increase of 85 patrons on the terrace area from 6pm until 11pm Monday to Saturday and 10pm on Sundays and public holidays. Council’s acoustic consultant confirmed that this increase would not have a significant adverse acoustic impact to the surrounding residential properties.

The plan of management for the site will be sufficient in managing the use of the terrace area.

The Hotel management and security do not effectively monitor or manage noise or anti-social behaviour generated by the Hotel. The objector is concerned the proposal will further exacerbate this situation.

The proposed modifications to the rear terrace will not alter the approved management plan of the site and do not significantly alter the use of the site.

It is considered that the existing management of the Hotel will sufficiently encompass the modifications sought.

The management of the Hotel does not successfully address the acoustic or anti-social impacts. The objector is concerned the proposed modifications to the first floor terrace will further exacerbate this situation.

The proposal will not alter the approved acoustic barrier along the perimeter of the rear terrace. As Council’s acoustic consultant has verified that the proposal will not adversely impact the adjacent residential dwellings any acoustic impact is required to be address by the Hotel management.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1      Environmental Health Services

 

The application has been referred to the Environmental Health Officer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

Environmental Health comments

 

The proposal

 

The proposal consists of a section 96 application for modification of consent conditions placed on DA 733/2004, which sought approval for alterations and additions to the existing Doncaster Hotel by demolishing existing bistro, beer garden and bottle shop and reconstruction to include a new lounge bar area and 1st floor outdoor dining area, new fire stair and internal changes to create function rooms and administration areas.

 

The applicant now seeks approval from Council to modify the consent conditions and Plan of Management to enable to use of the whole of the first floor dining terrace between the hours of 11:00am to 11:00pm Monday to Saturday and 12:00 midday to 10:00pm Sundays and public holidays. The applicant has proposed a number of modifications to consent conditions as discussed below.

 

§         Condition 2A

 

The applicant seeks to add a new condition, 2A, to read:

 

The glass foldable screen on the first floor outdoor dining terrace is to be removed.

 

§         Condition 8

 

The applicant seeks to delete condition 9 and replace with new condition 9 to read:

 

The number of patrons on the first floor terrace is to be limited to 135 at any one time during its permitted hours of operation.

 

§         Condition 117

 

The applicant seeks to delete condition 117 and replace with a new condition 117 which reads:

 

The hours of operation of the outdoor dining area are restricted to:

o   Monday to Saturday 11:00am to 11:00pm,

o   Sunday and public holidays 12:00 midday to 10:00pm.

 

This would replace the current condition which requires that the use of the outdoor dining area is restricted to:

 

Monday to Saturday

 

i.       11:00am to 6:00pm for the whole of the area; and

ii.       6:00pm to 11:00pm for the area shown to the east (Doncaster Avenue side) of the folding glass fence shown on approved plan DA-03. The remaining area of the first floor terrace is to be closed with no access after 6:00pm.

 

Sunday and Public Holidays

 

iii.      12:00 midday to 6:00pm for the whole area; and

iv.      6:00pm to 10:00pm for the area shown to the east (Doncaster Avenue side) of the folding glass fence shown on approved plan DA-03. The remaining area of the first floor terrace is to be closed with no access after 6:00pm.

 

In effect this would allow for an increase patron numbers to 135 for the entire time the outdoor dining area is open, that is until 11:00pm Monday to Saturday and 10:00pm Sunday and Public Holidays.

 

The NSW Department of Environment and Conservation (DEC) breaks the day into three periods for noise assessment, these periods being day, evening and night. The evening period finishes at 10:00pm (7 days) at which time the assessment period becomes the night time period. The recommended acceptable noise levels are logically at their lowest during the night time period, as this is the time when surrounding residents are at rest and noise nuisance should be minimised.

 

Council is not satisfied that the noise levels from the proposed use  will comply with the DEC guidelines and Protection of the Environment Operations Act 1997 criteria. It should be noted that no supporting evidence has been provided to Council by the applicant in support of the request to increase the capacity of the outdoor dining area during approved operating hours.

                                                                                          

§         Condition 121

 

The applicant seeks to delete Condition 121 and replace with new Conditions 121A & 121B which read:

 

121A: Subject or Condition 121B, the LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121A, “any affected residence” means any affected residence other than any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue Kensington.

 

121B: Condition 121A does not apply in respect of the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington and instead the following noise criteria shall apply in respect of that building.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Ban Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00m midnight when the LA10 noise level is measured inside any habitable room of any residential lot when the doors and windows of the residential lot are closed.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121B, “any habitable room of any residential lot” means any habitable room of any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

In this Condition 121B, “any affected residence” includes any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

On 21 March 2005 Council refused the original application (DA 733/2004). Some of the stated reasons for refusal relevant to this assessment were that the applicant had not demonstrated that the proposal will not unreasonably affect the acoustic amenity of the locality in that:

 

·         The proposed development is likely to impact on the general amenity of the surrounding environment.

·         The proposed development is likely to generate offensive noise at a level that will not comply with the requirements of the Protection of the Environment Operations Act 1997 and the Liquor Administration Board (LAB) criteria.

·         The acoustic report submitted in support of the application was not fully detailed and comprehensive.

·         The noise mitigation measures to be employed to reduce impacts on the residential unit to the west, northwest and northern boundaries are not considered reasonable or appropriate.

·         The proposed hours of operation for the first floor outdoor dining area are considered excessive.

·         The proposal inadequately addresses acoustic attenuation with regard to noise mitigation techniques employed at the source; and

·         The proposal will adversely impact on the amenity of neighbouring residents in terms of noise generated by the activity and by patrons on and off the site, and the anti-social behaviour of patrons off the site including violence, street drinking, vandalism, graffiti and litter.

 

Council’s decision was appealed to the Land and Environment Court of New South Wales (LEC) and on 1 September 2005 the LEC made orders in proceeding no. 11535 approving the development application subject to conditions including a Plan of Management dated 4 August 2005. The Court approval followed an amendment to the development application to limit the use of the first floor dining terrace to one third of its area after 6pm, due to the likely negative impact of the activity on the acoustical amenity of the surrounding residential areas.

 

This amendment was made following the determination of a preliminary point by the LEC which determined that it could not approve the development application for the use of the whole of the terrace as such approval may breach the existing noise conditions of the Hotel’s Liquor License.

 

The applicant filed an application to vary the noise condition on the license and on 6 June 2006 the Full Bench on the NSW Licensing Court delivered judgement approving the variation. The LAB license conditions have been modified, as detailed under proposed Conditions 121A and 121B above.

 

The conditions which the applicant now seek to modify via this section 96 application relate to the use of the first floor outdoor dining terrace. As previously discussed in referrals to the Environmental Health Unit there is concern that the increase in numbers of patrons using the outdoor dining areas will create intrusive and offensive noise and will negatively impact on the acoustical amenity of the surrounding residential areas.

 

It is noted that the LAB has modified its standard conditions relating to noise nuisance. The LAB now requires that the measurement of noise levels generated by the Doncaster Hotel which may affect the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue Kensington is to occur inside any habitable room of any residential lot when the doors and windows of the residential lot are closed.

 

Council accepts this modification by the LAB to the liquor license and to align Councils consent with the Doncaster Hotel liquor license the Environmental Health Unit has no objection to modification of consent Condition 21.

 

The information accompanying this Section 96 application does not include any additional acoustic assessment or discussion of the potential for the proposal to impact negatively on the acoustic amenity of the surrounding residential areas in Doncaster Avenue and Anzac Parade.

 

The applicant has not demonstrated that the proposal will not unreasonably affect the acoustic amenity of the locality in that:

 

o           The proposed development is likely to impact on the general amenity of the surrounding environment.

o           The proposed development is likely to generate offensive noise at a level that will not comply with the requirements of the Protection of the Environment Operations Act 1997 and the Liquor Administration Board (LAB) criteria, with particular reference to potential impact on residential premises in Doncaster Avenue and Anzac Parade Kensington.

o           The proposed hours of operation for the first floor outdoor dining area are considered excessive.

 

It is considered that the following information is required to be submitted to Council prior to a determination of the application.

 

1.       Additional acoustic information is to be submitted to and accepted by Council.

 

The report is to be prepared by a suitably qualified and experienced consultant in acoustics and the report and assessment is to be completed in accordance with the relevant NSW Department of Environment and Conservation Guidelines.

 

The report is to include (but not be limited) to discussion of noise emission from the proposed development, particularly the potential for noise nuisance to impact on the surrounding residential areas along Anzac Parade and Doncaster Avenue. The report is to assess the potential for noise nuisance during the day, evening and night time periods and clearly identify if the use of the premises will comply with the relevant noise criteria, including relevant NSW Department of Environment and Conservation Guidelines.

 

A letter was sent to the applicant on 21 September 2006 requiring an updated acoustic report to be submitted to reflect the potential acoustic impact of the proposed changes. Council received revised information on 28 November 2006 that did not include an amended acoustic report, however provided comments from acoustic consultant Steven Cooper of The Acoustic Group Pty Ltd.

 

The additional acoustic information was referred to the Environmental Health Officer for comment. The following comments were received on 22 January 2007:

 

Environmental Health comments

 

The proposal

 

The proposal consists of a section 96 application for the modification of approved development for the Doncaster Hotel by:

 

o        Deletion of glass screen on first floor outdoor dining terrace

o        Allowing 135 patrons on outdoor dining terrace during permitted hours of operation

o        Alter hours of use of outdoor dining terrace to Monday to Saturday 11am to 11pm, Sunday and public holidays to 12 midday to 10pm

o        Alter Condition 121 relating to permitted noise levels and alter plan of management

 

Key Issues

 

Acoustics

 

In March 2005 Council refused the development application for alterations and additions to the Doncaster Hotel, which included the construction of an outdoor terrace. The matter was refused based on Councils concerns relating to potential noise nuisance generated by the proposed use.

 

The matter was appealed in the Land & Environment Court in May 2005 and was approved subject to the inclusion of a glass foldable screen being installed on the balcony to close off two thirds of the area at 6pm. This condition was included to ensure compliance with the Liquor Administration Board (LAB) standard noise control conditions, with particular reference to potential noise impact on the residents of the adjacent residential development known as Capella.

 

The applicant filed an application to vary the noise condition on its license and on 6 June 2006 the Full Bench of the NSW Licensing Court delivered judgement approving the variation.

 

The applicant has now submitted this Section 96 application to the remove the glass foldable screen on the basis that as the LAB standard condition has been modified, the screen is no longer required as the modified LAB condition can be achieved without the inclusion of the screen.

 

The EHU required further information relating to the potential noise nuisance to residents on Doncaster Avenue and Anzac Parade should the glass foldable screen be removed. On 29 November 2006 EHU received, for the first time, a document titled Joint Conference Report Doncaster Operations Pty Ltd vs Randwick City Council Land & Environment Court No. 11535 of 2004 dated 26 April 2004 in which the applicant’s acoustic consultant Steven Cooper and Councils acoustic consultant Renzo Tonin make a statement of agreed opinion and matters not agreed between the experts.

 

Item nine of this document states that the consultants agree that a 2.5 meter high acoustic barrier is required on the periphery of the first floor outdoor dining area to mitigate noise impacts from the first floor dining area to the upper levels of the Capella Apartments and 170 Doncaster Avenue (the nearest potentially affected residential premises).

 

Councils acoustic consultant was able to confirm by email on 22 January that he is satisfied that the proposed full occupancy (135 people) of the first floor balcony when used during the permissible hours of use (Monday to Saturday 11:00am to 11:00pm and Sunday 12 noon to 10:00pm), is likely to comply with the LAB criteria at the nearest affected residence, 170 Doncaster Avenue.

 

Council accepts this opinion and as such has no objection to the inclusion of the applicants proposed condition 2A reading “the glass foldable screen on the first floor outdoor dining terrace is to be removed”.

 

As the outdoor dining terrace no longer requires to be split into a 2/3, 1/3 area after 6:00pm, EHU has no objection to the deletion of condition 9 and its replacement with the applicants proposed condition “ the number of patrons on the first floor terrace is to be limited to 135 at any one time during its permitted hours of operation.

 

The EHU has no objection to the deletion of Condition 117 and its replacement with “ The hours of operation of the outdoor dining area are restricted to :

 

o    Monday to Saturday 11:00am to 11:00pm

o    Sunday and Public Holidays 12:00 midday to 10:00pm

 

The EHU has no objection to the deletion of condition 121 and its replacement with the new Conditions 121A & 121B as detailed by the applicant.

 

The EHU has no objection to the deletion of Clause 10.4 of the plan of management and its replacement with the clause as detailed by the applicant.

 

RECOMMENDATION

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

 

Conditions

 

1.  Add a new Condition 2A in the following terms:

 

2A. The glass foldable screen on the first floor outdoor dining terrace is to be removed.

 

2.  Delete Condition 9 and replace with a new condition 9 in the following terms:

 

9. The number of patrons on the first floor terrace is to be limited to 135 at any one time during its permitted hours of operation.

 

3.  Delete Condition 117 and replace with new Condition 117 in the following terms:

 

117. The hours of operation of the outdoor dining area are restricted to :

 

Monday to Saturday 11:00am to 11:00pm

Sunday and Public Holidays 12:00 midday to 10:00pm

 

4.  Delete Condition 121 and replace with new Conditions 121A & 121B in the following terms:

 

121A. Subject or Condition 121B, the LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121A, “any affected residence” means any affected residence other than any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue Kensington.

 

121B   Condition 121A does not apply in respect of the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington and instead the following noise criteria shall apply in respect of that building.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Ban Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00m midnight when the LA10 noise level is measured inside any habitable room of any residential lot when the doors and windows of the residential lot are closed.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121B, “any habitable room of any residential lot” means any habitable room of any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

In this Condition 121B, “any affected residence” includes any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

5.  Delete clause 10.4 of the Plan of Management dated 4 August 2005 and replace it with the following clause:

 

At 10:00pm on Sundays and 11:00pm Monday to Saturday all use of the first floor terrace shall cease and any remaining patrons escorted inside. The doors to the first floor terrace shall be locked as soon as practicable after cleaning.

 

6.2      Heritage Assessment Officer

 

The application has been referred to the Heritage Assessment Officer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

The proposed screen will divide but not further enclose the elevated balcony. No heritage objection to the proposal.

 

No further referral was required.

 

6.3      Consultation with Other Approval Bodies or Public Authorities – NSW Police Service

 

Although the proposal involves minor physical modifications to the site, the alteration of operating hours of the first floor terrace may impact the amenity of the surrounding area and nearby residential dwellings. The application was referred to the Eastern Beaches Local Area Command on 19 September 2006 in accordance with Council’s external referral protocol.

 

No objection or submission was received and as such no further action is required.

 

 

 

7.    MASTER PLANNING REQUIREMENTS

 

The site has a total area of 967.5m2. As such the Master Plan requirements are not applicable. 

8     SECTION 96 AMENDMENT

9.1      Substantially the same

The proposed development involves the deletion and modification of conditions that relate to the approved first floor dining terrace located at the rear of the Hotel. The proposal will generally increase the operating hours of the terrace, remove the foldable screen and remove a condition that restricts the total number of persons permitted on the terrace after 6:00pm. The proposed development will also modify the existing management plan for the Hotel, specifically the clause 10.4 which relates to the management of the first floor dining terrace.

 

The proposed changes are considered relatively minor and will not significantly alter the existing Hotel structure or the use of the site. It is considered that the proposed modifications will result in a development that is substantially the same as the approved development.

 

9.2 Consideration of submissions

 

One objection was received during the notification period and raised concern regarding visual and acoustic privacy impacts and potential increases in anti-social behaviour as a result of the increased operating hours of the first floor terrace. A site visit to the objector’s property and an interview of the objector was undertaken as part of the assessment. The issues raised in the objection have been addressed in this report.

 

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 3B Local Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The relevant objectives of the zone are as follows:

 

a.       To provide opportunities for local retail and business development in the City of Randwick, and

 

The proposed development will increase the potential economic viability of the site by increasing the operating hours of the first floor terrace. The modifications will maintain the retail development within the Town Centre and the City and satisfies this objective.

 

d.       To minimise the impact of development on adjoining and nearby residential zones.

 

The proposal has demonstrated that the proposed deletion of the separation screen is unlikely to adversely impact the adjacent residential dwelling. The proposal will not alter the approved acoustic barrier located along the perimeter of the deck and the supplied acoustic information has been referred to Council’s Environmental Health Officer for comment.

 

8.1.1   Clause 42C – Kensington Town Centre

 

Clause 42C of the RLEP 1998 also outlines the following relevant objectives specific to the Kensington Town Centre:

 

a.       to achieve high quality design in all new development and improvements undertaken in the public domain,

 

The proposed modifications involve changes to the operation of the rear first floor deck and amendments to the management plan. The new development will include the removal of the foldable screen to the rear first floor terrace. The removal of the street will not be noticeable from the surrounding area and will not affect the existing character of the public domain.

 

b.       to encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality,

 

The proposed modifications for the extended use of the rear first floor terrace will contribute to the vibrancy of the surrounding town centre and will provide entertainment and recreation facilities and services for surrounding residents. The extended use of the terrace will potentially increase employment opportunities and improve the viability of the Hotel.

 

g.       to ensure that social and cultural needs are considered with any development proposals in the town centre,

 

It is considered the proposal is unlikely to affect the social and cultural needs of the surrounding area. The application includes appropriate modifications to the management plan of the Hotel to ensure the proposed extension of operating hours of the rear terrace does not impact the Town Centre or surrounding residential area.

 

h.       to encourage and facilitate the provision of vehicular access and off-street parking to support the local businesses,

 

The proposed development does not increase the floor area of the site or increase staff numbers. As such it is considered the application does not require assessment against the provisions of the DCP – Parking and the objectives of Section 4.5 Access and Parking of the Kensington Town Centre DCP.

 

i.        to ensure that public transport and associated facility needs are considered and promoted with any development proposals and public domain improvements in the town centre,

 

The proposal will not inhibit access to the existing bus and taxi services. The minor modifications proposed by the application will not require further promotion of public transport and associated facilities or public domain improvements in the town centre.

 

j.        to ensure appropriate conservation of the environmental heritage and recognition of the characteristics of buildings with architectural merit,

 

The proposed deletion foldable screen to the rear of the Hotel will not detrimentally affect the fabric of the building or adversely impact the presentation of the Hotel to the surrounding area. The application has been referred to Council’s Heritage Assessment Officer and no objection was raised regarding the proposed works. It is considered the architectural merit of the Hotel will not be affected by the proposed modifications.

 

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

 

The subject site is listed as a heritage item in the RLEP 1998, however as the works involve the relatively minor alteration to the approved plan a separate heritage impact assessment was not required. No objection was raised by Council’s Heritage Assessment Officer against the proposed modifications as they do not substantially alter the Hotel.

8.2 Policy Controls

8.2.1   Kensington Town Centre Development Control Plan

The Kensington Town Centre Development Control Plan provides detailed controls for development of each block within the Kensington Town Centre. The controls within the DCP largely relate to large scale mixed use development and concentrates on residential development in particular.

 

The site is located within Block 6 of the Kensington Town Centre. The DCP does not stipulate a building envelope for redevelopment of the Hotel site, but provides the following:

 

“The Doncaster Hotel is an identified Item of Heritage and may not be increased in height. In future, the preferred outcome for the site of the Doncaster Hotel is that the existing single storey addition at the rear be removed altogether for a wide entry to open space uses (possibly including open lightweight structures suitable for a beer garden or outdoor dining area using a narrower footprint than existing) in conjunction with the Restoration of the Hotel façade.

 

Any proposals for the Doncaster Hotel must better integrate with Anzac Parade and on-site open space and must be accompanied by a Heritage Impact Assessment (prepared by a Conservation professional identified by the Heritage Office of NSW) in accordance with the terms of Burra Charter, to ensure that they are sympathetic to the Doncaster Hotel Item of Heritage.”

 

The proposed modifications to the site will involve relatively minor changes to the rear first floor terrace and will not be immediately noticeable from Doncaster Avenue or Anzac Parade. It is considered that the modifications will not substantially alter the approved development or the fabric of the building and will not result in a development that is inconsistent with the objectives of the DCP.

 

The proposed modifications will not affect the built form, height, the appearance of the contributory building, setbacks, accessibility, access and parking, building exterior or the ecologically sustainability of the building. The proposal will not alter the existing security management plan for the Hotel and is not considered to affect the safety of the Town Centre.

 

As the proposed modifications involve minor modifications to the site, further assessment against the aims and objectives of the DCP is not required.

    

8.2.2   Development Control Plan – Parking

 

The proposed modification does not alter the floor area of the Hotel or increase the number of staff employed beyond that already approved by the Court. As such the proposal will not require any additional on-site car parking spaces. It should be noted however the deed of agreement with the Capella apartments provides 49 basement car parking spaces for the existing Hotel irrespective of the current proposal. The deed also stipulates that there may be an additional 40 spaces available for the use of the Hotel pending the allocation of car parking spaces for the retail shops along Anzac Parade within the Capella development site.

 

The existing management plan also includes provisions for the Hotel to pre-book complimentary taxis prior to close on Friday and Saturday nights. The management plan will also require signs to be erected at the Anzac Parade exit to the premises indicating the existence of the complimentary taxi booking service or directing patrons to a taxi phone.

 

It is considered that proposed modifications to the site will not require further alteration of the management plan.

 

8.3    Impact on adjoining development

 

8.3.1   Visual privacy impact

 

The first floor dining terrace is located at the rear of the Hotel, along the northern section of the subject site and is generally visually screen from Doncaster Avenue and Anzac Parade by the bulk of the Hotel. The proposed modifications to the first floor terrace involve the deletion of the foldable screen along the perimeter of the terrace and will not increase overlooking potential to the adjoining residential areas. It should be noted that planter boxes will be installed along the perimeter of the terrace area, providing some visual screening and visual relief from the new built structures. Figure 3 shows the rear terrace area as viewed from Doncaster Avenue.

 

Figure 3: The first floor rear terrace (under construction) of the Doncaster Hotel as viewed from the footpath area of Doncaster Venue.

8.3.2   Acoustic impact

The applicant was requested to provide an amended acoustic report that provided an analysis of the potential acoustic impact of the first floor dining terrace with the proposed deletion of the foldable glass screen. The acoustic information was received by Council on 29 November 2006 and was referred to the environmental health services for comment.

 

Generally there was no objection to the deletion of the foldable screen as the removal of the screen would not result in an adverse acoustic impact to the adjacent residential properties. As noted in section 6.1 of this report, Council’s acoustic consultant concurred that the full use of the terrace would not have an adverse acoustic impact to the nearest residential dwelling up to 12 midnight.

 

The removal of the screen would also unlikely have a significant impact to the visual privacy of adjacent properties as the primary purpose of the screen is to provide a physical separation that will limit patron access to certain sections of the terrace area.

 

As such the proposal to delete conditions related to the removal of the foldable glass screen to the terrace is supported.

 

8.3.3   Views and overshadowing

The only physical modification to the site involves the deletion of the foldable screen located on the first floor rear terrace. This modification is unlikely to significantly increase the overshadowing of the existing hotel and will not block or restrict views or significant sight lines currently enjoyed by surrounding residents.

 

8.3.4   Anti-social behaviour

The issue of anti-social behaviour has been encountered in Land and Environment Court proceedings in relation to licensed premises. In Kevin Snell Pty Ltd v Manly Council his Chief Justice McClellan found that whilst anti-social behaviour can be recognised within a locality, it was not necessarily an argument for refusal of an application. The judgment further detailed that adequate amenity focused conditions, such as reduced hours of operation and closed circuit television surveillance systems, can overcome anti-social behaviour and to adequately control the potential for noise to emanate from a premises.

 

Commissioner Moore noted in reference to anti-social behaviour in Vinson v Randwick City Council (Coach and Horses Hotel, Randwick) that the role of “management is to minimise such behaviour and to ensure that any incidents are isolated and, if possible, dealt with promptly by the staff or contractors of the premises”.

 

It is considered that the proposed modifications to the approved development involve minor alterations to the site and will not significantly alter the use of the rear first floor terrace area. The existing plan of management is considered to sufficiently moderate the use of the terrace area and the extended use of the area is unlikely to adversely impact or generate anti-social behaviour provided that the management of the Hotel strictly adheres to the anti-social and responsible service of alcohol requirements stipulated in the management plan of the approved development. It should also be noted that proposed modifications related to the rear terrace area will not alter the requirement of the Hotel management to ensure sufficient security guards are stationed at the rear terrace area. The management plan of the Hotel contains appropriate requirements regarding the number of security guards that are to be active during certain periods of the Hotel operation.

 

In granting the approval of the original development in the NSW Land and Environment Court, Commissioner Moore raised no objection to the additional use of the rear first floor terrace or potential anti-social impact of the proposal to the surrounding residential area. The Commissioner also stated that the proposal for the additional hours of operation of the rear first floor terrace was acceptable pending appropriate approval was granted by the Licensing Court regarding the licensing conditions of the Hotel.

 

It is considered the proposal will not significantly alter the approved use of the site and the additional hours of operation of the terrace will not significantly increase anti-social behaviour. As such the proposal is recommended for approval.

 

8.3.5   Heritage Design

 

The proposal was referred to Council’s heritage officer and no objection to the proposal was received. The proposal will make relatively minor alterations to the approved development, namely the removal of the dividing screen located on the rear first floor dining deck. The deletion of the screen is unlikely to adversely impact the presentation of the structure to the streetscape or detract from the heritage significance of the building.

 

10  RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

10.1    Outcomes 

Outcome 4: Excellence in urban design and development

 

The proposal has will not substantially alter the approved design of the development and unlikely adversely impact the presentation of the site to the street.

 

Outcome 8: A strong local economy

The proposal will allow the continued use of the site as a place of entertainment and recreation will remain sensitive to the surrounding residential dwellings. The proposal will improve the financial viability of the site by improving the flexibility of the use of the rear deck area.

 

10.2    Directions and Key Actions

Direction 4a & associated key action: Improved design and sustainability across all development.

 

The proposed modifications will unlikely have an impact to the presentation of the building to the street and are unlikely to become a distracting visual element to the surrounding area. The proposed modifications will not affect the sustainability of adjacent buildings or dwellings.

 

Direction 8a & associated action: Vibrant business, commercial and industrial sectors that provide ongoing and diverse employment opportunities.

 

The proposal, in providing freer access to the rear dining deck area will facilitate the provision of services to the community as well as the growth of local businesses thus contributing to the creation of a vibrant town centre.  

 

11  FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12  CONCLUSION

 

The proposed modifications are considered to be consistent with the original approval and will not result in a development that is substantially different from the current approval. The proposal to remove the foldable glass screen will not significantly alter the appearance of the Hotel to the street or adversely impact the fabric of the heritage item building. The proposed modification to the consent is considered unlikely to adversely impact the amenity of the Town Centre or the acoustic privacy of nearby residential dwellings. The additional hours of operation of the rear first floor terrace will not increase the total number of patrons allowed on the site. The existing management plan provides sufficient controls regarding transport arrangements and security guards and further amendment is not required.

 

As such the proposal is recommended for approval.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. DA/733/2004/A for Doncaster Hotel at 268-270 Anzac Parade, Kensington in the following manner:

 

Add Condition No. 2A that reads:

 

2A.     The glass foldable screen on the first floor outdoor dining terrace shall be deleted from the plans.

 

Amend Condition No. 9 to read as follows:

 

9.       The number of patrons on the first floor terrace is to be limited to 135 at any one time during its permitted hours of operation.

 

Amend Condition No. 117 to read as follows:

 

117.    The hours of operation of the outdoor dining area are restricted to:

 

Monday to Saturday 11:00am to 11:00pm

Sunday and Public Holidays 12:00 midday to 10:00pm

 

Replace Condition No. 121 with Conditions 121A and 121B that reads:

 

121A. Subject or Condition 121B, the LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121A, “any affected residence” means any affected residence other than any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue Kensington.

 

121B.  Condition 121A does not apply in respect of the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington and instead the following noise criteria shall apply in respect of that building.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Ban Centre Frequency (31.5Hz-8kHz inclusive) by more than 5dB between 07.00am and 12.00m midnight when the LA10 noise level is measured inside any habitable room of any residential lot when the doors and windows of the residential lot are closed.

 

The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz-8kHz inclusive) between 12.00 midnight and 07.00am at the boundary of any affected residence.

 

Notwithstanding compliance with the above, the noise form the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am.

 

In this Condition 121B, “any habitable room of any residential lot” means any habitable room of any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

In this Condition 121B, “any affected residence” includes any residential lot located in the building known as the Capella Apartment development situated at 266 Anzac Parade and 101-105 Doncaster Avenue, Kensington.

 

Add Condition No. 136 to read as follows:

 

Clause 10.4 of the Plan of Management dated 4 August 2005 shall be amended as follows:

 

At 10:00pm on Sunday and public holidays and 11:00pm Monday to Saturday all use of the first floor terrace shall cease and any remaining patrons escorted inside. The doors to the first floor terrace shall be locked as soon as practicable after cleaning.

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

5 January, 2007

FILE NO:

DA/722/2006 & PROP006925

 

PROPOSAL:

 Alterations and new rear first floor addition, new front vehicle gate, demolition of rear detached garage and landscaping to rear private open space.

PROPERTY:

 23 McLennan Avenue, Randwick

WARD:

 North Ward

APPLICANT:

 Mr D J Zikos

OWNER:

 Mr D J Zikos and Mrs D Tamvakeras

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Murray Matson, John Procopiadis, Paul Tracey.

 

The subject site has a site area of 290.1sqm and there currently exists a single storey dwelling listed in the RLEP 1998 as a heritage item. The application for alterations and a new first floor addition was lodged on 5 September 2006 and notified to the surrounding properties from 14 September to 28 September 2006. Four objections were submitted during the notification period, with 2 objections submitted by the owners of the adjoining property at 25 McLennan. A site visit to 25 McLennan and 19 Frenchmans Road was undertaken on 10 October 2006.

 

A meeting with the owner, architect and consultant town planner for the applicant, assessing officer and Council’s consultant heritage officer was held on 24 October 2006. Changes relating to privacy screens, landscaping screening, front car parking space and orientation of first floor rooms were requested to reduce the impact to visual privacy to the adjoining property at 25 McLennan.

 

Amended plans were received on 10 November 2006 that made changes to the arrangement of rooms to the proposed first floor, the front hard stand car parking space, the external colours and material finishes and additional information to the original overshadowing diagrams. The amended plans were renotified to the surrounding properties from 17 November to 1 December 2006.

 

One submission was received as a result of the renotification period from 25 McLennan Avenue. Mediation between the owner of the subject site and the objector from the adjoining property at 25 McLennan Avenue was organised for 20 December 2006.

 

As a result of the mediation the applicant prepared an amended plan that reduced slightly the external wall height of western wall however the change was not accepted by the objector from 25 McLennan Avenue as it did not significantly improve solar access to their eastern window. The mediation process was concluded on 22 January 2007 with no outcome.

 

The proposal exceeds the preferred FSR for the site by 1% or 2.9sqm. Other areas of inconsistency with the DCP include minimum car parking dimensions, eastern boundary setbacks and window sill heights to the proposed first floor. Although the objector at No.25 McLennan has raised concern regarding solar access to their eastern window, it should be noted that the proposal provides a minimum of 3 hours sunlight to the adjoining properties in accordance with the DCP requirements.

 

Generally it is considered the proposal has a bulk and scale that is consistent with other development in the area and would not become a detracting visual element in the streetscape. The alteration to the existing roof form and the loss of some original fabric is considered reasonable in this instance as the important elements, such as the front gable and the façade detailing are retained. The bulk and scale of the additions is considered appropriate in regard to heritage issues because they will appear to be incorporated within a traditional roof form and will therefore be read as part of the dwelling as opposed to a dominant addition.

 

The recommendation is for approval subject to conditions.

 

 

 

2.    THE PROPOSAL

 

The proposed development involves the following works:

 

External

 

-   Fence and screen planting to western boundary.

-   Timber sliding gate at front boundary to conceal existing hard stand car parking space.

-   Screening fence from dwelling to western boundary fence

-   Demolition of existing rear garage.

-   New landscaping works to rear and side boundaries.

 

Ground floor

 

-   Glazed awning above existing front side entry.

-   Infill existing entry way.

-   New laundry and shower rooms.

 

First floor

 

-   New first floor with 2 front bedrooms located partially within roof space.

-   New bathroom, rear bedroom and rear study.

-   External fixed privacy screens to rear facing windows.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of McLennan Avenue and is presently occupied by an existing detached single storey dwelling.  The subject site and the adjoining western property at 25 McLennan Avenue are listed in the Randwick LEP 1998 as items of heritage significance and examples of Californian bungalows circa. 1930. Other heritage items include the residential dwellings opposite the site at 12 McLennan Avenue and 29 Frenchmans Road which is located two lots removed from the subject site, to the south east. The subject site is irregularly shaped and has a frontage width of 11.55m, a rear boundary of 11.96m, a western side boundary depth of 25.12m, and eastern side boundary depth of 24.385m and has an overall site area of 290.1sqm. 

 

Neighbouring the property to the west is a single storey dwelling, to the east is a single storey dwelling and to the rear is a single storey dwelling which has a frontage to Frenchmans Road. The multi-unit residential building at 25-27 McLennan Avenue comprises of three stories and was approved in 1973. This building dominates the streetscape and has a similar bulk and scale to the nursing home at 11-15 Frenchmans Road.

The surrounding area is residential in character and consists predominantly of detached residential dwellings however there is a mix of residential types in the street varying from multi-unit buildings to smaller semi-detached dwellings.

 

Figure 1 is a photograph of the subject site from the street. Figure 2 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site from McLennan Avenue

 

4.    SITE HISTORY

4.1      Application History

The application was lodged on 5 September 2006 and notified to the surrounding properties from 14 September to 28 September 2006. Four objections were submitted during notification period, with 2 objections prepared by the owners of the adjoining property at 25 McLennan. A site visit to 25 McLennan and 19 Frenchmans Road was undertaken on 10 October 2006.

 

A meeting with the applicant, architect and consultant town planner for the applicant, assessing officer and Council’s consultant heritage officer was held on 24 October 2006.

Figure 2: The subject site and surrounding area

The main issues discussed at the meeting included solar access impact, visual privacy impacts and the dimensions of the front hard stand car parking space. The applicant agreed to make amendments to the proposal to address the visual privacy and car parking issues raised by the western adjoining neighbour.

 

A letter was sent to the applicant on 24 October 2006 requesting that the proposed development be amended to address:

 

-   The visual privacy impact of the rear facing windows to the proposed first floor bedrooms.

-   The visual privacy impact due to the demolition of the existing garage.

-   The insufficient length of the front car parking space.

-   Additional detail to the overshadowing diagrams.

 

A further objection was received on 27 October 2006 from ABC Planning on behalf of the owners of 25 McLennan Avenue. The submission raised concerns regarding:

 

-   The incorrect version of plans for the previously approved development at 25 McLennan Avenue to justify the current proposal on the subject site.

-   The proposal is inconsistent with the first floor addition policies in reference to the Draft West Kensington Heritage Conservation Area DCP, and

-   The incompatibleness of the proposal with the heritage significance of the heritage listed items of 23 and 25 McLennan.

 

As the proposal raised issues covered in Council’s heritage officers report no further action was required. The owner of 25 McLennan was advised that the submission would be considered as part of the assessment of the application; however it would not be forwarded to Council’s consultant heritage officer.

 

Amended plans were received on 10 November 2006 and made changes to the arrangement of rooms to the proposed first floor, the front hard stand car parking space, the external colours and material finishes and additional information to the original overshadowing diagrams. The amended plans were renotified to the surrounding properties from 17 November to 1 December 2006.

 

One submission was received as a result of the renotification period. Mediation between the owner of the subject site and the objector from the adjoining property at 25 McLennan Avenue was organised for 20 December 2006.

 

4.2      Mediation

 

A mediation was held on 20 December 2006 at Council and present was the applicant, the architect and consultant town planner for the applicant, and the owner of the adjoining western property at 25 McLennan Avenue. It was resolved at the meeting for the external wall height of the western wall of the proposal to be reduced to improve solar access to the east facing window.

 

An amended solar access diagram was forwarded to the objector on 21 December 2006 via the mediator for comment. It was confirmed on 22 January 2007 that the objector did not agree to the proposed modifications as they made a negligible improvement to the solar access to the eastern window. As such the mediation process was suspended indefinitely as both parties could not agree on an amended design.

 

4.3      History of Site Usage

 

There is no record of any recent development on the site.

 

5.    COMMUNITY CONSULTATION:

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

5.1 Objections

ABC Consulting on behalf of owners of 25 McLennan Avenue, Randwick

Issue

Comment

The proposal is inconsistent with the objectives of the Residential 2A zone most notably the proposal will have a detrimental impact to the amenity to the objector’s property.

The proposed development is consistent with the objectives as it does not unreasonably impact the amenity of the surrounding dwellings. The street contains a variety of disparate architectural styles and as such no dominant character prevails. The proposal has a bulk and scale that is consistent with similarly sized dwellings in the street.

The proposal is inconsistent with the heritage provisions of the Randwick LEP 1998 and is “totally contrary” to the existing architectural style of the dwelling.

The proposal adopts an architectural style that modifies the front of the dwelling to partially mask the proposal from the streetscape. The new works are contemporary and provide a clear delineation between the existing heritage building and the new development.

The proposal will not provide the minimum 3 hours of sunlight to the east facing window of the objector’s property.

 

The DCP stipulates a minimum of 3 hours of sunlight over at least part of their surface for north facing windows. As the window in question is east facing, the DCP requirements are not applicable.

The proposal will have adverse visual and acoustic privacy impacts due to rear bedroom windows and the demolition of the existing garage.

The amended plans received address the issue of visual and acoustic privacy impacts thought the implementation of fixed external screens and screening landscaping.

Les and Genevieve Timar – local resident

Issue

Comment

The proposed development will have a significant impact to the solar access to the east facing window which provides direct sunlight to the rear living room.

 

The DCP stipulates a minimum of 3 hours of sunlight over at least part of their surface for north facing windows. As the window in question is east facing, the DCP requirements are not applicable. The proposal satisfies the side boundary setbacks and maximum heights of the DCP and is considered to be a reasonably consistent in bulk and scale of other single dwellings in the area.

The proposed rear first floor windows will provide direct overlooking into the rear private open space of the objector’s property.

The amended proposal addresses the issue of overlooking from the rear first floor windows by installing fixed external screens.

The scale of the proposal is inappropriate for the site and will have an adverse impact to the streetscape.

 

The proposal exceeds the preferred floor space ratio for the site by 2.9sqm, however consists of a bulk and scale that is commensurate with other single dwellings in the area and will have side boundary setbacks and a total height consistent with the preferred solutions in the DCP.

The proposal will have an adverse impact to the heritage significance of the dwelling and of the objector’s dwelling.

The proposal was referred to Council’s heritage assessment officer for comment. The proposal was assessed and no objection was received.

Rebecca Jones – local resident

Issue

Comment

The proposal will conflict with the heritage status of the cottage at 23 McLennan Avenue and will adversely affect the streetscape.

The proposal will modify the roof form of the existing dwelling to visually screen the majority of the addition from the street. The bulk and scale will remain consistent with surrounding dwellings and due to the setback of the works from the front boundary, will have minimal impact to the streetscape.

Yvette Parsons – local resident

Issue

Comment

The proposal will adversely impact the visual privacy of the objector’s rear private open space.

The proposal will maintain the existing dense vegetation at the rear of the subject site and therefore maintain the existing screening.

 

An additional submission prepared by ABC Consulting on behalf of the owners of 25 McLennan Avenue was received on 27 October 2006 and raised additional points of objection which reiterated the original points of objection including the adverse solar access and heritage impact of the proposal. As the issues relating solar access were raised in the previous submissions and the heritage impact was assessed by Council’s heritage assessment officer no further action regarding the submission was taken.

 

Amended plans were received on 10 November 2006 and the surrounding residents were renotified from 17 November to 1 December 2006. As a result of this notification, the following submissions were received:

Les and Genevieve Timar – local resident

The objection received on 31 November 2006 raises similar issues of overshadowing, bulk and scale, visual privacy impacts and inconsistencies located within the information and statements provided by the applicant’s architect and consultant town planner.

 

It is considered the issues raised by the owners of 25 McLennan Avenue in response to the amended plans have been included in their previous submissions and addressed in the assessment of the application.

 

 

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1      Development Engineer

 

The application has been referred to the Development Engineer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

An application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

o        Drwg No A00 – A09 Issue A by C Brady Architecture dated August 2006

 

Carspace Comments

 

The depth of the proposed carspace will be approximately 4.60m, with the sliding gate closed, which is less than the 5.4m required under the AS/NZS 2891.1:2004 and is  still under minimum dimension of a small car space of 2.3m x 5.0m.

 

Vehicles that use the proposed hardstand carspace may overhang Council’s footpath hindering pedestrian traffic.

 

Considering the non-compliance the Development Engineering team does not support the relocation of the proposed hardstand carspace.

 

Landscape Comments

 

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

 

The issue of the non-compliant car parking space was raised at the 24 October 2006 meeting with the applicant and amended plans were requested to be provided to address the issue. The amended plans were received on 10 November 2006 and forwarded to the Development Engineer for comment. The following comments were received:

 

An AMENDED application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

o        Drwg No A00 – A09 Issue B by C Brady Architecture dated November 2006

Carspace Comments

 

The depth of the proposed carspace is now shown as being 5.10m with the relocation of the sliding gate to the Council side of the new brick fence. The depth of the carspace complies with Council’s exempt and complying development however only complies as a small carspace under the AS/NZS 2891.1:2004, small car spaces should only be approved where there is a selection of carspace sizes.

 

As the proposed carspace complies with Council’s exempt and complying development Engineering cannot object to the proposed carspace. Development Engineering however does recommend the new front brick fence be recessed so the sliding gate does not encroach in anyway on to Council property. (see Condition No 4)

 

As such no further amendment to the front car parking space is required.

 

6.2      Heritage Assessment Officer

 

The application has been referred to the Heritage Assessment Officer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

The Subject Site

 

The subject dwelling is a single storey Inter War California Bungalow which is listed as a heritage item on the LEP.  It is constructed of dark liver colour face brick.  The roof features a large timber battened gable across the street frontage with a second gable extending over the centrally positioned verandah.  The verandah is supported by brick piers and collonettes on a brick balustrade with rendered capping.  The façade features a pair of doors with patterned and leadlight glazing.  The main entry to the dwelling is located on the western side elevation.  The subject site is relatively small.  The front yard features a hardstand car space and there is an early garage in the rear yard.  The front fence appears to be original and is constructed of brick matching the dwelling.  The dwelling appears to be substantially intact, particularly in its presentation to the street.

 

Surrounding Context

 

The adjacent dwelling at No 25 is also a heritage item and is very similar to the subject dwelling although slightly larger and with a pair of offset gables to the roof.  Approval has been granted for first floor additions over the centre of the dwelling which features a hipped and gabled roof.  Adjacent to the east is the rear yard of a dwelling which fronts Frenchman’s Avenue and features a high timber fence and roller door vehicle entry along the McLennan Avenue boundary.  No 12 McLennan on the northern side of the street is also listed as a heritage item.

 

A number of other similar period dwellings exist in the McLennan Avenue streetscape along with various infill buildings including a number of residential flat buildings.

 

Significance

 

The subject dwelling is listed as a Heritage Item on the LEP.  The Heritage Study describes its significance as being a fine example of a typical bungalow that is almost in original condition.

 

The Heritage Impact Statement submitted with the application also assess the significance of the place noting that it is a good example of an Inter War Bungalow and its intact form and the relationship to similar dwellings in the nearby context are significant.

 

The Proposal

 

The proposal is for alterations and additions to the existing dwelling consisting of:

o        Reconfiguration of internal spaces with demolition of some internal walls.

o        New first floor addition and traverse gable roof section.

o        New window and door openings to the side and rear elevations.

o        Alteration to the front fence to relocate pedestrian and vehicular entrances.

o        Demolition of the garage.

 

Supporting Documentation

 

A Heritage Impact Statement was submitted with the application.  The HIS notes that the heritage impact on the significance of the place has been mitigated through the use if a tiled and gabled roof form and the new additions will be screened by the transverse gable.

 

Potential Impacts

 

It is important that the impacts are considered in regard to the significance of the place and the constraints of the site.  The aesthetic and historic significance of the place is not exceptional and can be largely retained through the conservation of the façade detailing, the gabled roof form and maintaining the style of the dwelling.  It is recognised that the site is small with almost no potential for ground level additions to the rear and the size of the house and the allotment means that almost any addition will be visible from the public domain.

 

The potential for adverse impacts to the significance of the place derive from the alteration to the existing roof form, the loss of original fabric, the bulk and scale of the additions and the change to the streetscape relationship between the subject site and the adjacent dwelling.

 

The place is not considered to be of such significance that alterations and additions cannot occur in order to provide for improved amenity and living standards.  The alteration to the existing roof form and the loss of some original fabric is considered reasonable in this instance as the important elements, such as the front gable and the façade detailing are retained.

 

The bulk and scale of the additions is considered appropriate in regard to heritage issues because they will appear to be incorporated within a traditional roof form and will therefore be read as part of the dwelling as opposed to a dominant addition.  The transverse gable is a roof form common to buildings of this period and type and sympathetic to the style and character of the existing building.  The proposal will be successful in visually concealing the extent of the new additions so that they will not impact on the architectural character of the place.  The contemporary form of the rear portion of the additions is acceptable because the simple form is recessive in comparison to the complexity of the original dwelling, allows for a reduced bulk and is architecturally distinct from the original form.

 

Given the form of the additions and the ability for the transverse roof to conceal the new form setting back the additions further from the front of the dwelling is unlikely to have any significant benefit in terms of impact on the place.  It is unlikely to give any more meaningful prominence to the original portion of the dwelling or substantially reduce the bulk and scale of the additions as seen from the street because any such setback would be relatively minor.

 

The relationship between the subject site and No 23 has essentially been altered with the approval of additions to No 23.  The proposed additions to the subject site are comparable in bulk and scale to the approved adjacent additions and perhaps less visually apparent because they are located behind a traditional roof form.

 

The alteration to internal spaces is considered appropriate as it will not adversely affect the significance of the place as the primary significance is related to its external form and fabric.  Furthermore, the retention of the front two rooms in their entirety and a section of the hall will retain an appropriate representative sample of internal fabric which is able to demonstrate the original aesthetic character of the place.

 

The new window openings and the relocation of the main entry door on the western side elevation are considered to have no adverse impact as they are not visually prominent elements and will not affect the appreciation of the place’s aesthetic character.

 

The proposed alteration to the front fence is considered to have no adverse impact as the majority of the fence is retained, the height is maintained and the new piers match the existing.

 

The existing garage is likely to be an early structure however its contribution to identified significance of the place is marginal.  Its demolition will not substantially diminish the significance of the place and will have a positive effect in allowing for a better use of limited rear yard space.

 

Recommendations

 

That the following conditions be included with any consent:

 

·           An archival recording of the property shall be prepared and submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

o          The colours, materials and finishes of the external surfaces to the building, the front fence and gates and the side entry screen fence are to be sympathetic with the existing building.  Sections of unpainted brick must not be painted.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director of Planning and Community Development, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 


7.    ENVIRONMENTAL ASSESSMENT

 

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

 

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

 

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

 

The purpose of the clause is to establish consent requirements for development involving a heritage item or land within a heritage conservation area. Also, to establish criteria for the assessment and determination of development applications arising from those consent requirements.

 

The subject site and the adjoining western property, 25 McLennan Avenue, are listed as heritage significant buildings in the Randwick LEP 1998. Both buildings are referred as “Californian bungalow, circa 1930”. The proposed development has been referred to Council’s heritage assessment officer for comment. Generally the proposed development will not adversely impact the heritage significant building or adjacent heritage items at 12 and 25 McLennan Avenue. The proposal has a bulk and scale that is commensurate with other dwellings in the area and the established character of the heritage item will not be compromised.

 

The proposed development is considered satisfactory in regards to heritage impact.

 

Refer to section 6.2 of this report for an analysis of the heritage impact of the development.

 

8.2  Draft Environmental Instruments

 

8.2.1   Draft Dwelling House and Attached Dual Occupancy Development Control Plan

 

The key changes in the draft DCP include, and are not limited to:

 

·         Increasing the maximum FSR for sites less than 300sqm from 0.65:1 to 0.7:1.

·         Increasing the rear boundary setback from 4.5m to 9m.

·         Increasing the minimum landscaped area from 40% to 50% of the site.

·         Increasing the minimum soft landscaped area from 20% to 25% of the site.

 

The proposal would generally achieve compliance with the Draft DCP. The amount of landscaping provided would comply under the new control of 50% of the site area, although the current preferred solution of 40% is also achieved. Adequate landscaped areas for private recreation and maintenance of the landscape character of the area are achieved by this proposal. 

 

Notwithstanding, compliance with the Draft DCP has been given minimal weight in this assessment as it is neither imminent nor certain at this point in the policy approval process.

 

8.3 Policy Controls

8.3.1   Dwelling Houses and Attached Dual Occupancies Development Control Plan

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

Landscaping

 

Preferred Solution

Assessment

S1

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

50% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 69sqm. Complies.

S1

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

The above area has dimensions of 6m x 11.5 metres. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

44% of the site is permeable. Complies.

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

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

The proposed development significantly exceeds the landscaped area requirements for the site. It should be noted that the rear vegetation at the rear of the site will remain to provide some visual privacy screening to the rear adjoining neighbour. The amended plans increased the landscaping along the western boundary to soften the appearance of the dwelling and to replace the screening provided by the demolition of the rear garage.

The demolition of the existing single car garage will result in an increase in permeable area for the site by 15.6sqm or 5%. The amended plans received on 10 November 2006 further improve the visual screening by incorporating landscaping along the rear boundary. The proposal will not alter the landscaped area to the front of the site.

Generally the landscaping is considered to enhance the presentation of the site and is acceptable.

Floor Area

 

Preferred Solution

Assessment

S1

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

The proposed FSR is 0.66:1. Does not comply – see assessment below.

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

The proposed development will exceed the DCP preferred solution FSR for the site by 1% or 2.9sqm. Whilst this is inconsistent with the preferred solution, it is considered the proposal satisfies the performance requirements of the DCP with respect to floor area and will have minimal adverse impact to the surrounding dwellings.

The proposal involves the creation of a new roof ridge and the additional floor area located behind this gable roof form. The visual impact of the development to the streetscape will be minimal as the dwelling will present as a single storey structure and be obscured from the street. The additional building mass to the rear of the site will generally maintain the existing footprint of the dwelling and will not protrude vertically or horizontally in a manner that is obtrusive or inconsistent with the bulk and scale of other dwellings. The proposed rear first floor addition will feature a flat roof which minimises the height of the structure and will also have an external wall height and side boundary setbacks to the western boundary that are consistent with the preferred solutions of the DCP.

Due to the orientation of the properties in the street the additional bulk of the dwelling will result in some impact to solar access for the adjoining eastern dwelling. This solar access impact is considered to be acceptable as the proposal does not result in an impact that is unreasonable or inconsistent with solar access impacts of similarly proportioned dwellings in the street. The southern side of McLennan Avenue also includes two multi-unit residential buildings ranging from 2 to 3 stories that significantly affect solar access to the subject site and the adjoining properties and dominate the streetscape.

It is noted that the applicants claim that the FSR of the proposal is 0.64:1 which is slightly less than the preferred solution. This reduction of the FSR by 2% is achieved by deleting the void area above the stair case. The DCP has provisions that allow for ‘void levels’ up to 10% of the total gross floor area to be exempt from the FSR however it is considered the area above the staircase does not constitute a void level as it is not consistent with the definition in the DCP. Thus its exemption from FSR calculations is not supported.

As such the proposed FSR is considered acceptable.

See section 8.3 of this report which makes an assessment of the solar impact against the ‘Parsonage’ planning principal.


Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.9 metres. Complies.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

The entire southern elevation of the proposed dwelling is a minimum of 5.5 metres from the southern side boundary at first floor level. Complies.

S5

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

Not applicable.

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

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

Although the proposed development will increase the roof ridge height from RL 82.92 to RL 84.32 (an increase by 1.4m) the external wall height of 6.9m will satisfy the DCP preferred solution. The proposal minimises adverse impacts to the amenity of the adjoining properties by maintaining a consistent rear boundary setback that is congruent with the setbacks of the adjoining properties.

The proposed additional floor area to the rear of the existing dwelling is partially screened to the street by the creation of a gable feature, the ridge of which is setback from the front of the dwelling 5.7m. The proposed gable roof alters the presentation of the dwelling to the street however design elements evident at the front of the dwelling are implemented along the western and eastern sides of the new gable structure. As such the proposed gable generally maintains the character of the dwelling whilst screening a majority of the contemporary rear addition.

The rear first floor addition is consistent with the preferred solutions of the DCP and is considered to satisfy the performance requirements particularly relating to mass and proportion. The proposed form of the addition adopts a disparate architectural style to the existing dwelling however maintains a built form that does not dominant the scale or modest massing of the existing dwelling. The existing dwelling has a relatively small footprint and gross floor area to other dwellings in the street and through relatively generous setbacks from the front and western boundaries, the dwelling has a positive contribution to the streetscape. The proposal will moderately improve the side boundary setbacks to ensure the existing dwelling remains dominant to the street and minimises adverse amenity impacts to adjoining properties.

As such the height form and materials of the development is considered acceptable.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Not applicable.

S2

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

The proposed dwelling is 4.9 metres from the rear boundary. Complies.

S3

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

Eastern boundary

The proposed development is set back 0.79 metres from the side boundary. Does not comply – see assessment below.

Western boundary

The proposed development is set back 2.45 metres from the side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

Eastern boundary

The proposed development is set back 0.81 metres from the side boundary. Does not comply – see assessment below.

Western boundary

The proposed development is set back 2.25 metres from the side boundary. Complies.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

Due to the siting of the existing dwelling the proposed development will provide generous side boundary setbacks to the western boundary and side setbacks to the eastern boundary that are less than the preferred solution. The setbacks for the first floor addition to the western boundary exceed the preferred solution from 950mm to 750mm and are an improvement to the existing ground floor setbacks of the dwelling. The eastern boundary setbacks, whilst improving the ground floor setbacks, remain inconsistent with the preferred solutions.

Generally the proposed setbacks will satisfy the performance requirements of the DCP particularly the with respect to the impacts of solar access and visual amenity. The proposed rear addition will be prominent when viewed from the rear private open spaces of the adjacent properties, most notably 25 McLennan Avenue, however due to the western boundary setbacks will not be a dominant element. The proposal would therefore not adversely impact the visual amenity of the adjoining properties and the side, rear and front boundary setbacks of the addition will be compatible with the surrounding residential area.

As such the proposed setbacks are considered acceptable.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal has two bedroom windows on the eastern and western elevations that overlook the habitable room windows of adjoining dwellings within 9 metres. Does not comply – see assessment below.

S1

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

Not applicable.

S1

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

Eastern and western elevation

The proposal includes 3 glazed windows to each elevation with sill heights to the bedroom windows being 0.9m and 1.7m. Whilst the bedroom 2 windows are inconsistent with the preferred solution it is considered that the windows are relatively small and will not result in a significant impact to the visual privacy of adjoining properties. Complies.

South elevation

The proposal includes large windows to the study, ensuite and bedroom 1. The windows have sill heights at the finished floor level however the inclusion of metal fixed louvres along each side significantly limits the direct views to the private open space of adjoining properties. Complies.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

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

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

The proposed first floor windows will provide some overlooking opportunity into the rear private open space of the adjoining properties and into the windows of adjoining dwellings. The proposed bedroom windows to the eastern and western elevation will have the potential to provide direct overlooking into the windows of adjoining dwellings however the size of the windows is considered to be consistent with window sizes of other swellings and any overlooking is likely to be casual and intermittent.

Reducing overlooking from the western and eastern windows through the implementation of fixed external louvres or increasing the sill height to 1.5m will have an adverse impact to the internal amenity of the bedrooms.

The windows to the rear of the proposed addition will provide overlooking into the rear private open space of the rear property however the amended plans have indicated that screening landscaping along the rear boundary will remain. It is also noted that the rear bedroom windows are located over 9m from the windows of the rear adjoining dwelling. As such the proposed location and size of the rear windows are considered acceptable.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 1 car. Does not comply – see assessment below.

S1

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

The dimensions of the parking spaces are 5.1m x 2.5m. Does not comply – see assessment below.

S1

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

The proposed driveway is 2.5 metres wide and is set back at least 1 metre from the side boundary. Complies.

S1

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

The proposed driveway is 2.5 metres at the front boundary. Complies.

S1

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

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

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

The proposed front car space does not include a structure or covering. Not applicable.

S2

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

Not applicable.

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

The proposed development involves the formalisation of the front car parking space. Currently the on-site car parking arrangement involves the use of the front section of the site as the sole on-site car parking space. As such the proposal will not decrease available on-site car parking. However it should be noted that the proposal will increase the number of bedrooms and the preferred solution requires a minimum of 2 on-site car parking spaces to be provided.

The proposal fails to satisfy the preferred solution, however it is considered unreasonable for the site to provide two spaces due to the restrictive size of the site especially at the front of the property. There is sufficient area along the western boundary to provide car parking spaces however the proposal will improve this area of the site by increasing landscaped area and as such result in a more attractive private open space.

The proposed front car parking space does not satisfy the minimum length under the preferred solution. The application was referred to Council’s development engineer and it was noted that although the length as not consistent with the DCP requirements, it complied with Council’s exempt and complying DCP and as such no objection was raised.

It should be noted that the proposal includes a sliding front gate that will provide some visual screening of the parked vehicles on the site and will improve the presentation of the site to the streetscape. It is considered the proposed sliding gate will ameliorate the impact of the car parking space at the front of the site.

The proposed car parking for the site is considered acceptable.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

The proposed front has a height of 1.3 metres. Complies.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

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

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

The proposal generally satisfies the preferred solutions regarding solar access. Due to the orientation of the subject site and adjoining lots, there will be an increase in morning and afternoon overshadowing, particularly to the adjoining properties. However the increase in overshadowing is considered to be consistent with the overshadowing created by other dwellings in the street and is not antipathetic to the performance requirements of the DCP.

The proposal is not considered to be excessively bulky or has a height that is unreasonable for the surrounding Residential 2C zone. It is considered the impact to the solar access of adjoining properties is acceptable.


8.4    Impact on adjoining development

8.4.1   Solar Access

Performance Requirement P9 under part 3 Ecologically Sustainable Development of the Dwelling Houses and Attached Dual Occupancies DCP requires that:

“The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.”

Notwithstanding this performance requirement an additional assessment of the impact of the development to solar access to surrounding properties has been undertaken. The NSW Land and Environment Court judgment by Senior Commissioner Roseth in Parsonage v Ku-ring-gai [2004] sets down six steps (with four steps being relevant to this application) that should be undertaken to reach a decision whether a solar access impact is reasonable. Roseth SC states that numerical guidelines should be applied with the following principles in mind, where relevant:

“The ease with which sunlight access can be protected is inversely proportional to the density of development. At low densities, there is a reasonable expectation that a dwelling and some of its open space will retain its existing sunlight. (However, even at low densities there are sites and buildings that are highly vulnerable to being overshadowed.) At higher densities sunlight is harder to protect and the claim to retain it is not as strong.”

The subject site and the surrounding area is predominantly zoned Residential 2B and 2C and McLennan Avenue contains a number of residential buildings that are significantly larger in scale than the proposed development. As such the existing levels of solar access are impacted significantly by the larger buildings in the area. The surrounding area can be considered as being of low to medium density and due to the mix of larger and smaller scale residential buildings solar access is disproportionate in some areas of McLennan Avenue, particularly where single and two storey dwelling houses adjoin larger, two and three storey multi-unit residential buildings.

The dwelling at 25 McLennan Avenue has adequate solar access which is partially obstructed to the east by the multi-unit building at 25-27 Frenchmans Road and more significantly obstructed to the west by the multi-unit residential building adjoining 25 McLennan Avenue. Therefore the availability of direct sunlight is obstructed in the morning and afternoon however solar access from mid-morning to mid-afternoon is generally unobstructed.

“The amount of sunlight lost should be taken into account, as well as the amount of sunlight retained.”

The east facing windows of 25 McLennan Avenue will be most affected by the proposal. The window to the rear living room of 25 McLennan will experience the greatest impact from the proposed development as indicated by the solar access diagrams provided by the applicant. When assessed with in the DCP parameters of 9am to 3pm, the rear window will receive direct sunlight from 10am onwards however currently this window receives sunlight at 9am to a majority of its surface. It should be noted that the DCP places emphasis on preserving solar access to north facing windows.

The amount of sunlight retained is substantial and by approximately 10:30am the entire window will receive sunlight, barring a section of shadow to the bottom part of the window. The pattern for solar access to the rear east-facing living room window is repeated in the other windows along this side of 25 McLennan Avenue. Essentially the east facing windows will have a delay of approximately 1 hour or less before the window receives direct sunlight.

The windows located to the north of the building will have improved solar access as the orientation of the lot allows greater solar penetration. As such the total impact to solar access of 25 McLennan is not considered unreasonable.

“Overshadowing arising out of poor design is not acceptable, even if it satisfies numerical guidelines. The poor quality of a proposal’s design may be demonstrated by a more sensitive design that achieves the same amenity without substantial additional cost, while reducing the impact on neighbours.”

The issue of compliance and consistency with the preferred solutions and performance requirements of the DCP has been covered in the report. Generally the proposal achieves numerical consistency with the height, landscaped area and solar access. While the proposed development does not satisfy the preferred solution side setbacks to the eastern boundary it is noted that the proposed western boundary setbacks, to 25 McLennan Avenue, significantly exceed the numerical requirements of the DCP and improve the side setbacks of the existing dwelling.

The proposed development exceeds the preferred solution FSR for the site by 2.9sqm however as explicated previously in the report, the numerical inconsistency with the preferred solution is considered relatively minor (1%) and generally the proposed addition achieves the performance requirements of the DCP. The proposal cannot be considered a poor design as the key elements of visual bulk and scale, visual and acoustic privacy, height, form and materials and the mass and proportion of the development are carefully balanced in relation to the existing dwelling and adjoining buildings.

A more sensitive design may be found through a significant reduction in the floor area and height of the proposal and an increase in the existing generous side setback to the western boundary. Such alterations to the proposal are considered unreasonable and particularly onerous as the solar access impact is to an east facing window and generally beyond the scope of the DCP which places an emphasis upon protecting sunlight penetration to north facing windows. It should also be noted that the site is a relatively small and any reduction in the scale of the development would substantially reduce the viability of the proposal to satisfy the requirements of the applicants and the internal amenity of bedrooms and living rooms.

As such the proposed bulk and scale of the proposal is considered acceptable.

“In areas undergoing change, the impact on what is likely to be built on adjoining sites should be considered as well as the existing development.”

 

The area surrounding the subject site has an established character and built form that is not particularly considered to be undergoing substantial change. Development involving substantial modifications to existing buildings in the street has been infrequent and generally the bulk and scale of dwellings in the area has remained consistent since the construction of the multi-unit residential building at 25-27 McLennan Avenue during the 1970s and extensions to the nursing home at 11-15 Frenchmans Road (adjoining 25 McLennan) approved in 1971.

Council approved alterations and a first floor addition to the adjoining dwelling at 25 McLennan on 23 September 2002. The first floor portion of the development has yet to be constructed however is considered similar in bulk and scale to the proposal at 23 McLennan. The approved development at 25 McLennan includes first floor east facing windows however these windows will be setback from the proposed development by 6.8m. The maximum height of the proposal has an RL of 84.02 for the rear flat roof addition and RL 84.32 for the new gable ridge. The approved first floor at 25 McLennan has a maximum RL of 85.047 which is 0.727m and 1.027m higher than the gable ridge and rear flat roof of the proposal respectively.

 

The other adjoining properties include the semi-detached dwelling at 21 Frenchmans to the east and a single dwelling house to the rear of the subject site. Both dwellings are single storey and located to the south of the subject site and 25 McLennan. As such potential future development to these sites is unlikely to impact solar access.

 

Generally the proposal remains consistent with the objectives of the planning principal and the impact to solar access for the surrounding properties, specifically 25 McLennan, is acceptable. Amendments to the proposal affecting its bulk are considered onerous and unnecessary as the proposal satisfies the performance and preferred solutions of the DCP and is commensurate with the scale of other residential dwellings in the street.

 

The proposal is therefore recommended for approval.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development

The proposal has a good architectural quality that is sympathetic to the streetscape and will maintain the existing character of the surrounding area. The proposal will not become a dominant element to the streetscape and is unlikely to impact the heritage significance of the subject site and the nearby heritage items.

 

Direction 4a & associated key action: Improved design and sustainability across all development

The proposed modifications will not adversely impact the design and presentation of the dwelling to the street, will provide additional living space and will not adversely impact the sustainability of the dwelling or the amenity of adjacent dwellings.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The proposed additional floor area and subsequent building bulk to the rear of the existing dwelling is considered compatible with the surrounding area and whilst the floor area is marginally above the preferred solution FSR for the site the degree of non-compliance is minor and does not translate to any adverse impacts to the surrounding residential properties. The proposal will alter the appearance of the heritage item dwelling however original fabric of the dwelling as it presents to the street is considered to be maintained and the proposed alterations and additions are acceptable. The proposal is unlikely to be a detracting visual element to the surrounding area and the overshadowing impact to the adjoining dwellings is consistent with the preferred solutions of the DCP.

 

As such the proposal is recommended for approval.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under the provisions of Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended), “Deferred Commencement” to DA/722/2006 for Alterations and new rear first floor addition, new front vehicle gate, demolition of rear detached garage and landscaping to rear private open space at 23 McLennan Avenue, Randwick subject to the following conditions:-

 

Deferred Commencement Conditions

 

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

 

1.       An archival recording of the property shall be prepared and submitted to and approved by Council’s Director City Planning.  This recording shall be in accordance with the Guidelines for the preparation of archival recordings set out by the NSW Heritage Office.  Three copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.

 

2.       The colours, materials and finishes of the external surfaces to the building, the front fence and gates and the side entry screen fence are to be sympathetic with the existing building.  Sections of unpainted brick must not be painted.  Details of the proposed colours, materials and textures (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning.

 

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

 

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

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered A-00, A-01, A-02, A-03, A-04, A-05, A-06, A-07, A-09 and A-10 all Issue B, dated November 2006 and received by Council on 10 November 2006, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

2.       The colours, materials and finishes of the proposed development shall be in accordance with the details approved pursuant to the deferred commencement conditions.

 

3.       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.

 

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

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

5.       All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre prior to commencing any building or excavation works, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

o        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);

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

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

 

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

 

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

 

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

 

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

 

19.     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):

 

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

o        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:

 

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

o        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.

 

20.     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.

 

21.     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:

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

         

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.

 

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.

 

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

 

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

 

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

 

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

 

29.     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.

 

30.     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:-

 

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

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

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

 

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

 

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

 

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

 

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

 

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·      Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

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

·      Details of hazardous materials, including asbestos

·      Method/s of demolition and removal of asbestos

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

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

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

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

·      Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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