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

 

1 May 2007

 

HEALTH, BUILDING AND PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A HEALTH BUILDING AND PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK ON TUESDAY, 8TH MAY 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, 10TH APRIL 2007.

 

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 - 16-18 FRANCES STREET, RANDWICK.

2

6.2                    

DEVELOPMENT APPLICATION REPORT - 9 VALE STREET, CLOVELLY.

14

6.3                      

DEVELOPMENT APPLICATION REPORT - 57-75 ANZAC PARADE &

49-59 BORONIA PARADE, KENSINGTON.

39

6.4                      

DEVELOPMENT APPLICATION REPORT - 39 VICTORIA STREET, MALABAR.

57

6.5                      

DEVELOPMENT APPLICATION REPORT - 39 AUSTRAL STREET, MALABAR.

88

6.6                      

DEVELOPMENT APPLICATION REPORT - 1-3 GUBBUTEH ROAD,

LITTLE BAY.

111

 

 

7           Miscellaneous

 

7.1                      

DIRECTOR, CITY PLANNING REPORT 22/2007 - DRAFT LEP AMENDMENT NO. 40 - FORMER MATRAVILLE INCINERATOR LAND AND DRAFT AMENDMENT DCP - EXEMPT AND COMPLYING.

164

7.2

DIRECTOR, CITY PLANNING REPORT 23/2007 - DRAFT DEVELOPMENT CONTROL PLAN FOR ROYAL RANDWICK RACECOURSE KNOWN AS

77-97 ALISON ROAD, RANDWICK.

179

 

 

8           Confidential Items (Closed Session)

 

9           Notice of Rescission Motions

 

 

…………………………………

GENERAL MANAGER

 


 

Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

5 April, 2007

FILE NO:

DA/466/2006/B & PROP051772 & PROP032141

 

PROPOSAL:

 Section 96(2) Modification of approved development by deletion of balcony from bedroom 1 on upper floor, internal alterations, reduction in size of courtyard area & increase in size of living area & bedrooms 2 & 3.

PROPERTY:

 16-18 Frances Street, Randwick

WARD:

 North Ward

APPLICANT:

 Barua Pty Ltd

OWNER:

 Daughters Lady Sacred Heart

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as the original application was determined by Council. The original application was referred to the 10 October 2006 Health Building Planning Committee meeting as the cost of work was over $2million. The original proposal consisted of a staged development (two parts) which comprised of:

 

Stage One

 

Involves the refurbishment of the existing heritage listed dwellings at No.s 16 and 18 Frances Street, the construction of a new basement car park for the whole development with access off Kelso Lane at the rear and the Torrens title subdivision of the site into three allotments.

 

Stage Two

 

Involves the construction of a two storey multi-unit housing development at the rear involving the erection of 12 x 3 bedroom attached dwellings with roof top terraces including a common pedestrian access corridor (communal space) off Frances Street and associated landscaping.

 

The proposal involves the following works:

 

-   Relocation of laundry from the ground floor, adjacent to the kitchen to level 1, adjacent to bedroom 2 and 3

-   Reduction of the internal width of the courtyard areas of the multi-unit dwellings from of 3.8m to 3.25m to extend the size of the living area

-   Extension of the living room at the front part of the townhouses at ground level

-   The size of bedroom 2 and 3 will increase due to the reduction of the size of the courtyard

-   Removal of Juliet balcony from bedroom 1 and slight increase to the size of bedroom 1.

 

The application was notified to the surrounding properties and advertised in the Southern Courier for 14 days. No submissions related to the application were received. The changes to the approved development are generally consistent with design of the original application and will not adversely impact the amenity of adjoining properties.

 

The modification will increase the floor area of the proposed development and reduce the landscaped area however these non-compliances will not impact upon the amenity of the dwellings or adjoining residential properties.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal involves the following works:

 

-   Relocation of laundry from the ground floor, adjacent to the kitchen to level 1, adjacent to bedroom 2 and 3

-   Reduction of the internal width of the courtyard areas of the multi-unit dwellings from of 3.8m to 3.25m to extend the size of the living area

-   Extension of the living room at the front part of the townhouses at ground level

-   The size of bedroom 2 and 3 will increase due to the reduction of the size of the courtyard

-   Removal of Juliet balcony from bedroom 1 and slight increase to the size of bedroom 1.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Frances Street between Cook Street to the west and The Avenue to the east. The site is identified as two allotments being 16 Frances Street known as Lot 1 in DP 924463 and 18 Frances Street known as Lot 3 in DP 660489 and also encompasses 14 Frances Street known as Lot 1 in DP 926313 in so far as it relates to an easement across a small rear section of the rear of the site to help facilitate access to the carpark. The main site has a frontage of 52.405m to Frances street, eastern and western side boundary frontages of 74.425m and 74.21m respectively. The total site area comprises of 3,898sqm. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and surrounding area.

Currently on site exists two heritage listed dwelling houses both grand Federation style mansions constructed around 1907. No.16 Frances Street is known as “Wirringulla” and 18 Frances Street known as “Ballarat”. Although both properties are well intact and preserved there have been some unsympathetic additions mainly constructed to the rear and central section of both properties. These additions occurred circa 1930 and also around and after 1965. The site also includes a large Morton Bay Fig Tree (about 13m in height) at the front which is an important streetscape feature, which was retained as part of the original application.

 

Immediately to the west of the site is No.14 Frances Street which is a Victorian mansion still owned by the Sisters of Our Lady of the Sacred Heart. This property is also heritage listed and forms an integrated and consistent row of heritage properties along with 16 and 18 Frances street. Immediately adjoining to the east are single storey cottages along Frances street and also approximately 3 blocks of three to four storey walk up residential flat buildings that abut the eastern boundary of the subject site but have their frontage to The Avenue namely 11, 15 and 17 The Avenue. To the north is a three storey multi-unit development known as “Kelso Court”. To the south are Alison Park and a Child care centre. The subject site is located within the St Judes Heritage Conservation Area.

 

The site is located within close proximity to the Randwick commercial centre and also close to Centennial Park. The immediately adjacent area is characterised by a variety of dwelling types and styles including three storey multi-unit housing, single and two storey freestanding dwelling houses and is within close proximity to Randwick Bowling Club and greens, Randwick Public School, Randwick Town Hall and Council chambers.

 

Figure 2 is the subject site from the opposite side of Frances Street.

 

Figure 2: The subject site from the opposite side of Frances Street..

 

4.    SITE HISTORY

 

4.1      Application History

Previous applications submitted for development on the site includes:

Development No.

Description

Determination

PL/29/2006

Restore existing heritage items and construct a new multi-unit development with basement car parking and vehicular access off Kelso Lane

 

Advice provided on 7 June 2006 encouraged more landscaping and greenery at the rear of the property to break up the bulk. Also the potential privacy impacts that could be generated from the rooftop terraces were also suggested to be given greater consideration

DA/466/2006,

Staged development including the refurbishment of the existing heritage items, new basement car park and Torrens title subdivision into three lots and the construction of a multi unit housing development at the rear containing 12 x 3 bedroom dwellings including strata subdivision into 12 lots.

Deferred commencement approval issued at 10 October 2006 Council meeting. Deferred commencement conditions satisfied 18 December 2006.

DA/466/2006/A

Section 96 (1a) - Application to amend some conditions of consent relating to the reconstruction of the kerbs and gutter, alter the rear fencing materials, increase the storage area in the basement and some internal changes to the Heritage Item.

Approved on 29 December 2006

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the Development Control Plan – Public Notification. No submissions were received during the notification and advertising period.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application did not require referral to technical officers.

 

7.    MASTER PLANNING REQUIREMENTS

 

The total site area of 3,898m2 is less than the minimum area required for the submission of a master plan under Council’s RLEP which is 4000m2.

 

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.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act, 1979, as amended

-   Environmental Planning and Assessment Regulation 2000

-   State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development (SEPP 65)

-   Randwick Local Environmental Plan 1998

-   Randwick Development Control Plan – Parking

-   Section 94 Contributions Plan

-   State Environment Planning Policy (Building Sustainability Index: BASIX) 2004. (BASIX)

-   Building Code of Australia.

 

9.1      SEPP 65

 

As outlined in the original application, the proposal does not fall under the definition of SEPP 65 which captures new  and/or substantial redevelopment of residential flat buildings that are “three or more storeys (not including levels that protrude less than 1.2m above ground level that are devoted to car parking and storage) and four or more self contained  dwelling units. The definition does not include small flat complexes (of two stories or less and those containing less than four units) and development where the dwelling units are side by side (not top of another), generally regarded as townhouses or terrace houses”.

 

In this case the development did not have to be referred to the Design Review Panel for comment.

 

9.2      BASIX

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. Clause 55A of the EP & A Regulation requires that a new BASIX certificate be lodged for amended plans or where a section 96 modification makes a material change to the BASIX commitments as originally approved.

 

The proposed modifications are considered not to make a material change to the BASIX commitments established in the original application. Therefore submission of a revised BASIX certificate is considered unnecessary.

 

9.3      Section 94 Contributions Plan

 

The proposal does not involve the creation of new dwellings or constitute an intensification of the use of the site. Therefore Section 94 contributions are not applicable to the proposed modifications.

 

9.4      Section 96 Amendment

 

9.4.1   Substantially the same

The proposed modifications to the rear multi-unit dwellings are generally internal modifications that will improve internal amenity of the living rooms of the multi-unit dwellings at the northern end of the subject site. The proposed modifications are consistent with the approved development and will not adversely impact upon the amenity of adjoining properties or surrounding area. The proposal will result in substantially the same development.

 

9.4.2   Consideration of submissions

 

No submissions were received in relation to the proposed modifications.

 

 

 

 

9.5      Randwick Local Environmental Plan 1998

 

The site is zoned 2C (Residential C Zone) under the Randwick Local Environmental Plan 1998 (LEP) and the proposal is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

Clause 12 – Zone No 2C (Residential C Zone)

 

The proposal is permissible in the zone and complies with the general objectives of the zone being;

 

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

 

(c) to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas.

 

Clause 31 – Landscaped area

 

The proposed modifications to the dining rooms at ground floor level of the multi-unit dwellings will reduce the area of the internal courtyards. The courtyards affected by the proposed modifications are internally located within the ground floor of the multi-unit dwellings and are not visible externally from within the subject site or from adjoining properties. As such the courtyards do not contribute to the overall softening of the development to the surrounding area nor do they provide deep soil planting areas. Rather it is evident from the location of the courtyards that they would act as an extension of the internal spaces at ground floor level and provide ventilation and some daylight, generally benefiting the internal amenity of the attached dining room and kitchen.

 

The reduction of the size of the internal courtyards thus will not detrimentally affect the potential of the site to provide vegetation or permeable areas that would contribute to the generally greenery in the area. It should be noted that the rear external private open spaces are more suitable in providing permeable areas and recreation space for occupants of the dwellings.

 

The applicant has provided revised diagrams that indicate that the reduced courtyards will still provide sufficient space for a table and four chairs. It is considered that the proposal generally meets the objectives of Clause 31 of RLEP 1998 and the reduction of the courtyards will not adversely impact upon the use of those courtyards or the internal amenity of the attached rooms.

 

As such the modifications affecting the internal courtyards are considered acceptable.

 

Clause 32 – Floor space ratios

 

The proposed modifications will increase the gross floor area (GFA) of each dwelling by 10m2 resulting in a total GFA increase for the site of 120 m2. The original application was approved with an FSR of 0.97:1 which exceeded the maximum FSR of the site of 0.9:1 under the LEP. Council endorsed the SEPP 1 objection submitted by the applicant in relation to the non-compliant FSR as it was considered that non-compliance was relatively minor, that the bulk, scale and height of the development is considered to be in keeping with the nature of development in the immediate vicinity, and the townhouse development was of a smaller overall scale and height than the heritage listed homes that they are adjacent to that front Frances Street.

 

The proposal will numerically increase the GFA of the multi-unit dwellings by 6% however the increase in floor area will not alter the approved footprint and setbacks of the development and is not considered to translate to an increase in visual bulk that will adversely impact the amenity of adjoining residential properties. The proposed increase in GFA will not affect the appearance of the multi-unit dwellings to Kelso Lane or Frances Street and will not impact adversely upon the established character of the surrounding area.

 

As such the proposed increase in floor area is considered acceptable.

 

Clause 33 – Building heights

 

The proposed modifications will not affect the height of the approved buildings.

 

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.

 

Generally the proposed development will not adversely impact the heritage significant building as the changes are primarily internal and will affect the appearance of heritage item buildings on the site. The proposal will not impact upon the approved bulk and scale of the buildings on the site and the established character of the site will not be compromised.

 

The proposed development is considered satisfactory in regards to heritage impact.

 

9.6      Development Control Plans

9.6.1   Development Control Plan – Parking

 

The proposed development does not propose to modify the number of dwellings on the site. As such the DCP is not applicable to this application.

 

9.6.2   Development Control Plan – Multi Unit Housing

The DCP for Multi-Unit Housing states that a proposal is deemed to satisfy the Objectives and Performance requirements of the DCP if it complies with the corresponding Preferred Solutions. 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.

 

 

 

 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets  Performance Requirements or Preferred Solutions.)

Density

P1  Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The proposal will numerically increase the FSR for the site however there will be no visible impact to the approved bulk and scale of the original development.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

The proposed modifications affecting the size of the internal courtyards will not impact upon the minimum areas required in the DCP.

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

The location and access to the internal courtyards will remain as per the original approval. As such the proposal will not adversely impact opportunities for outdoor recreation/living.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

S5  Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

The internal courtyards are reduced in width however still provide a useable space for tables and chairs. Access to the larger external private open space for each dwelling remains unaffected by the proposal.

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1  Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The modifications to the first floor bedrooms will delete the Juliet balconies and therefore the potential for overlooking into adjoining properties. The sill height of the windows to replace the balcony will be slightly increased above the approved balustrade height.

P2  Private open space design and location ensure privacy.

 

The modifications affecting the internal courtyards will not impact the privacy of other dwellings.

P3  Acoustic Privacy

Building layout and design minimises noise transmission. of noise. Quiet areas separate noise-generating activities.

 

The deletion of the first floor bedroom balconies will improve the acoustic privacy by increasing the noise attenuation barriers and thus reduce the potential for noise from the first floor to adjoining properties and dwellings located on the site.

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

·       Compliments architectural character of adjacent items or the conservation area;

·       Does not detract or overwhelm the conservation area in scale and proportions;

 

The proposed modifications make minor internal and external modifications that do not impact upon the visual curtilage of the two heritage items that present to Frances Street. The modifications will remain consistent with the design of

·            Retains the identified significance of the item or area;

·            Pays attention to the nature of design in terms of massing, style, roof pitch, window design and proportion, and external materials; and

Compliments but does not mimic features of a heritage item.

 

the original approval and will not detract or overwhelm the heritage significant items on the site.

 

10.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcomes 

 

Outcome 4: Excellence in urban design and development

 

The proposal does not disrupt the bulk and scale of the approved development and will not adversely impact the established character of the area. The proposal will improve the internal amenity of the residential dwellings resulting in a better development for the site.

 

Directions and Key Actions

 

Direction 4a & associated key action: Improved design and sustainability across all development

 

The proposed modifications will improve the internal design of the development and will not adversely impact the sustainability of surrounding residential properties. The modifications will not adversely impact solar access to the surrounding residential dwellings or affect the sustainability of the dwellings on the subject site.

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The proposed modifications are relatively minor and will not affect approved bulk and scale of the development. The modifications will reduce the area of the internal courtyards however this will not result in a significant adverse impact to the internal amenity of the dwellings. The conversion of Juliet balconies into windows to the first floor bedrooms will not impact upon the visual privacy of adjoining properties and are considered consistent with the approved development.

 

The proposed modifications will not affect the heritage items at the Frances Street side of the site and will not be immediately noticeable from the street or adjoining properties. The modifications will generally comply with the objectives of the statutory planning controls and the areas of non-compliance are considered to be minor and will not detrimentally affect the amenity of immediately adjoining residences.

 

Therefore the proposed modifications are 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.466/06 on property 16-18 Frances Street, Randwick  in the following manner:

 

The development must be implemented substantially in accordance with the plans and reports outlined below:

 

Plans

 

-    Numbered  DA01 through to DA30 prepared by Fox Johnston Architects and dated June 2006

-    Survey plan prepared by Watson Buchan P/L and dated 17 May 2005

-    Landscape plans numbered LPDA-01 and LPDA-02 prepared by 360 Landscapes and dated June 2006

-    Numbered DA25 Revision B drawn by Fox Johnston Architects received by Council on 6 November 2006.

 

Reports

 

-    Heritage Impact Assessment prepared by City Plan Heritage and dated May 2006

-    Geotechnical and Stage 1 Contamination Assessment prepared by Dosan P/L and dated June 2006

-    Statement of Environmental Effects prepared by ABC Planning and dated June 2006

-    Traffic and Parking Assessment prepared by Transport and Traffic Planning Associates and dated June 2006.

-    BASIX assessment dated 19 June 2006

-    Schedule of colours and materials board received with the application and prepared by Fox Johnston Architects,

-    The report prepared by City Plan Heritage received by Council on 1 December 2006 and titled “16-18 Frances Street, Randwick Conservation Management Plan November 2006”,

 

as amended by the Section 96 plans drawn by Fox Johnston Architects and received by Council on 30 November 2006 and as amended by the Section 96 plans dated 12 February 2007, numbered Sec96 00 to Sec9608 and received by Council on 8 March 2007, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application

 

 

ATTACHMENT/S:

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 April, 2007

FILE NO:

DA/102/2007 &  PROP003678

 

PROPOSAL:

 Alterations and additions to an existing semi-detached dwelling including a new first floor.

PROPERTY:

 9 Vale Street, Clovelly NSW 2031

WARD:

 North Ward

APPLICANT:

 Mrs R Prentice and Dr M Prentice

OWNER:

Dr M P Prentice and Mrs R J Prentice

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, John Procopiadis, Paul Tracey.

 

The proposal involves various internal and external ground level alterations as well as the construction of a first floor addition. The proposed first floor addition would extend further back than that of the neighbouring first floor addition at No. 11 Vale Street by approximately 3m.

 

Three (3) objections have been received to the proposed development. An objection from No.11 Vale Street has raised concerns in relation to loss of sunlight to a rear skylight, overshadowing to the rear garden, loss of views, the obtrusive nature of a blank wall adjoining the main bedroom, chimney fumes and privacy impacts from a “Juliet” balcony. The objector from No.11 Vale Street requests that the first floor addition be scaled back in line with their first floor addition at the rear. Other objections voicing similar concerns have been received from No. 7 Vale Street which is located on the lower side of the street and No.13 Vale Street located on higher side the street. These objections are addressed below and should be read in conjunction with the relevant assessment carried out under the Dwelling Houses and Attached Dual Occupancies DCP.

 

The proposal does not comply with the preferred solutions in the DCP – Dwelling Houses and Attached Dual Occupancies in relation to floor space ratio (FSR) and Building setbacks. However the proposal satisfies the performance requirements of the DCP and the bulk and scale of the proposal is appropriate having regard to the configuration of the site and will not have a significant adverse impact to adjoining properties.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent to carry out the following works:-

 

Ground Floor Level

-   Enclosure of the front ground floor verandah

-   Internal reconfiguration of ground floor into open plan kitchen dining and living room and a bathroom. It should be noted that the proposed ground level works do not result in an increase in the building footprint.

-   Placement of new windows along the eastern side boundary to No. 7 Vale Street.

 

First Floor Level

-   Construction of a first floor addition providing for three (3) new bedrooms, a bathroom and a Juliet balcony to the rear.

-   Provision of two (2) new skylights to the roof on the eastern elevation and

-   New flue for a natural gas fireplace.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Vale Street and is presently occupied by an existing single storey semi-detached dwelling.  The site is regular in shape and has a frontage of 5.995m, an eastern side boundary depth of 36.515m, a western boundary depth of 36.545m and an overall site area of 221.3m2

 

The neighbouring property to the east, No. 7 Vale Street is a single storey semi-detached dwelling, to the west, No.11 Vale Street, is the adjoining two storey semi-detached dwelling and to the rear the property adjoins the yards of dwellings fronting Greville Street. The surrounding area is residential in character and consists predominantly of semi-detached and detached residential dwellings that range from 1 to 2 storeys.

 

Figure 1 is a photograph of the subject site from Vale Street showing the first floor addition to No 11 Vale Street Figure 2 is an aerial view of the subject site and surrounding area.

Photo 1: Front elevation showing the subject site and the adjoining semi with a first floor addition.

 

Figure 2: Aerial View showing the southern side of Vale Street contains mostly semi-detached dwellings and the northern side contains mostly single detached dwellings.

 

4.    SITE HISTORY

There is no relevant development history.

 

 

 

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

 

C Donovan of No. 7 Vale Street

Issue

Comment

Loss of property values.

There are numerous factors that may affect the monetary value of a property ranging from the state of the property market to the physical and locational conditions of the property and the perception and preferences of potential buyers. Any claim that the proposal would significantly effect the value of the property would therefore be tenuous and a matter of speculation.  Notwithstanding, it is considered that the proposal satisfies the relevant assessment criteria and will contribute to the character of the area.

Overshadowing and loss of daylight.

The proposed development meets the relevant performance requirements and objectives related to height and overshadowing and is generally consistent with the bulk and scale of development in Vale Street and the immediate locality.

Loss of privacy as a result of window placement and their dimensions.

In particular,

1.  Kitchen window outlook into the objector’s bathroom

2.  Ground floor bathroom window is currently clear glass

3.  1st floor bedroom window (W8).

 

1.  A condition is included in the recommendation requiring the kitchen window to be fixed and obscured to a height of 1.5m.

2.  A condition is included requiring the ground floor bathroom window to be fixed and obscured to a minimum height of 1.5m.

3.  The 1st floor bedroom window will only have an outlook onto the roof of the objector’s premises and does not have a significant privacy impact.

Noise

It is considered that the residential use of the subject premises in a responsible manner would not result in any adverse noise impacts on the adjoining and neighbouring properties.

Error in presentation of the “Juliet” balcony

The error is related to the section A-A plan not showing the section through the floor level of the Juliet balcony. The applicant has indicated the floor level is consistent with that of Bed 2 and as a result it is conditioned the construction certificate plans are to correct this minor error.

Privacy impacts from the Juliet balcony.

Given the minimal depth of the balcony and that it is attached to a low-use room, there will be no unreasonable privacy impacts.

Air quality and wind draughts could cause suction and venturi effects transmitting pollutants

The proposed natural gas flue is common to residential properties and it would not result in a significant impact on air quality

The proposal exceeds the DCP preferred solution for FSR and will obstruct easterly coastal views.

The proposal will have a floor space ratio that exceeds the DCP preferred solutions by 17.065sqm. See detailed assessment in Section 6.1 “Floor space”.

In terms of view loss - See assessment under Section 6.1 Height, form and materials.

 

R Paton & L Cox-Paton of No. 13 Vale Street

Issue

Comment

The 1st floor addition is inconsistent with the alignment of similar dwellings in Vale Street

Although the proposed rear 1st floor addition extends beyond that of the attached semi (No. 11 Vale Street) it is in line with the rear setback of the objectors dwelling at No. 13 Vale Street as well as No. 27 Vale Street. 

Overshadowing impacts to rear yard and living room

The additional overshadowing complies with the preferred solutions contained in the DCP-Dwelling Houses.

Loss of privacy

It is considered the minimal depth of the Juliet balcony and that it is attached to a low use room and has a significant setback from the objectors’ premises means it will not result in any unreasonable privacy impacts on the adjoining premises. See assessment in Section 6.1 under Visual and Acoustic Privacy.

 

Rear 1st floor addition will impede our water views

See view loss assessment under Section 6.1 Height, form and materials

 

L Killigrew & P Smeaton of No. 11 Vale Street

Issue

Comment

Position of Juliet balcony has privacy impacts on main bedroom

The Juliet balcony is sufficiently setback from the boundary that it will not have direct sightlines into the neighbour’s main bedroom window.

Shadows will be cast over our back garden and over skylights in our ground floor roof.

The proposed development will not result in any significant overshadowing to the neighbours rear garden.

In respect to overshadowing over skylights located on the objector’s roof, the shadow diagrams indicate the existing roof form overshadows the objector’s skylights.

View will be blocked

See assessment under Section 6.1 below

View chasing will result

The proposed development to the rear 1st floor level is not inconsistent with the rear alignment of Nos. 13 and 27 Vale Street and the desired future character of development envisaged under the DCP-Dwelling Houses.

Chimney impacts on the bedroom window

See previous comments.

Will encroachment into roof space be needed in order to construct the first floor addition?

The development consent will only apply works within the boundaries of the subject property

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Randwick Local Environmental Plan 1998.

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Building Code of Australia.

 

(a)  Randwick Local Environmental Plan 1998

The site is zoned No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent.

 

Clause 10 – Residential 2A zone

 

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

(b)   State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

 

SEPP: BASIX requirements came into force for:

·         alterations and additions valued at $100,000 or more

·         installation of a swimming pool with a capacity greater than 40,000 litres

·         where development applications were lodged on or after 1 October 2006

 

The proposal is for alterations and additions valued at $100,000 or more and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP.  The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

6.1 Policy Controls

a.    Development Control Plan No. Dwelling Houses and Attached Dual Occupancies.

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

Landscaping

 

Preferred Solution

Assessment

S1

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

Not applicable. No change to the footprint of the dwelling.

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 0.728:1. 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 preferred solution indicates that the maximum floor space ratio for a site area of 221.3m2 is 0.65:1 and the proposed development does not comply proposing a floor space ratio of 0.728:1, exceeding the preferred solution by 17.4m2. However it is considered that the overall bulk and scale of the proposal is acceptable for the following reasons:

·         the size of the proposed first floor addition is compatible with the immediate surrounding built forms namely that of No. 13 Vale Street which it is noted has a floor space ratio of 0.77:1 and No.27 Vale Street.

·         the proposal satisfies the planning principle in relation view sharing (see below in Height Form and Materials);

·         the proposal meets the preferred solutions for Solar Access and Overshadowing (See below in Solar Access and Overshadowing); and

·         no unreasonable privacy impacts will result from the proposed development (See  below in Visual and Acoustic Privacy);

 

The proposal therefore satisfies the objectives and performance requirements of the DCP- Dwelling Houses.

 

Height, Form & Materials

 

Preferred Solution

Assessment

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.

Complies, the proposal is setback in line with the first floor addition of the adjoining semi and is behind a substantial portion of the existing roof form.

 

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.

 

In respect to the proposed first floor addition and its impact on the views from Nos 11 and 13 Vale Street a detailed assessment is carried out below and references to the following photos are made:

Photo 1:

No. 9 Vale Street - approximate line of the proposed addition

Photo 2:

No. 11 Vale Street - South facing windows

Photo 3:

No. 11 Vale Street - view from south facing windows shown in photo 2

Photo 4:

No. 13 Vale Street - East facing windows

Photo 5 & 7:

No. 13 Vale Street - South-easterly view from the second window on the eastern wall

Photo 6:

No. 13 Vale Street – Direct easterly view

Photo 1: Approximate extent of addition

1.       “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.”

 

No. 11 Vale Street

The existing views enjoyed from the south facing first floor window provide an obscured and oblique side view of distant ocean and as a result this view is not considered to be of high value (photo 3)

 

Photo 2: south facing bedroom window of 11 Vale Street.

 

Photo 3: easterly side view contains partial distant views of the ocean. The first floor addition will result in a wall left of the red line.

 

No. 13 Vale Street

The existing views enjoyed from the east facing bedroom windows at No. 13 Vale Street have distant views of the ocean which are over 1 km away. These views are somewhat obscured by the topography, roof tops, vegetation and other built structures (See photo 4). Photos 5, 6 and 7 show the approximate location of the first floor addition and the various views lost (left of the red line) and retained (right of the red line).

 

Photo 4: Two east facing windows of 13 Vale Street

 

Photo 5: South easterly view from the second window on the eastern wall at 13 Vale St.

 

 

Photo 6: view facing directly east will be blocked

 

 

Photo 7: views facing east in a more southerly direction will be retained.

 

 

2.       “The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.”

 

No. 11 Vale Street

The views of the ocean are obtained across a side boundary and are limited to a small section of the bedroom making it difficult for these views to be retained (see Photo 3).

 

No. 13 Vale Street.

The views of the ocean are obtained from the eastern and south eastern side of the of the first floor bedroom window. A significant portion of these direct views from the east (as shown in photo 6) are obtained from seated positions, and therefore, according to the planning principle, are harder to retain. Views of the ocean are also obtained from a south easterly direction as shown in photos 5 and 7.

 

3.       “The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.”

 

 

No. 11 Vale Street

The proposed development will increase building mass along the common side boundary and the degree of view loss is considered to be in the range of minor given the distant nature of the views (photo 3) and that they are from a bedroom.

 

No. 13 Vale Street

The views attained from No. 13 Vale Street vary from a directly eastern view to a south eastern view, as shown in photos 5 to 7.

 

Whilst the direct eastern view is considered to be more valuable than the south eastern view (Photo 6), it is more difficult to protect this view, given that it is obtained across a side boundary and is from a bedroom. This view loss is therefore considered moderate.

 

Those views facing more to the south-east, as shown in photos 5 and 7, will be mostly retained and incorporate some distant ocean views. For these windows the proposed development will have a minor impact on view loss.

 

4.       “The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.”

 

It is considered that the proposed development will provide adequate view sharing and is reasonable in circumstances having regards to the following:

 

·                The proposal alterations and additions are compatible with the bulk and scale of other dwellings along Vale Street, such as No. 13 Vale Street (FSR of 0.77:1) and No. 27 Vale Street and satisfy the objectives and performance requirements of the DCP – Dwelling Houses.

 

·                The view loss is largely associated with views across a side boundary and from bedrooms, which according to the planning principle set out by the Land and Environment Court are considered harder to retain

 

·                Views particularly to the south east from No.13 Vale Street are still retained which will provide for a reasonable sharing of views. (Photos 5 and 7).

 

·                Amendments to the design are not warranted given the nature and extent of the view loss and would result in the loss of bedroom 2.

 

Overall, the proposal is considered to balance the requirements for additional living space whilst remaining consistent with the character of the surrounding area. It is therefore considered the proposed development satisfies the requirements for view sharing and will not unreasonably appropriate views

that are presently enjoyed from Nos 11 and 13 Vale Street.

 

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.

Complies.

S3

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

Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 0.9 metres from the side boundaries. Does not comply. see assessment below

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The upper level side setbacks to the proposed addition do not comply with the preferred solutions of the DCP however, given the restricted width of the site (5.995m) and that the proposed first floor is consistent in setbacks with nearby and adjoining dwellings and does not adversely impact on adjoining properties in term of privacy or solar access, it is considered the proposed setback on the first floor is acceptable and satisfies the objectives and performance requirements of the DCP-Dwelling Houses.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal does contain a kitchen window which potentially has an outlook into the adjoining sites bathroom window and it is conditioned that this window be fixed and obscured to a height of 1.5m so that no outlook is achieved. Further, the sink at the window will further limit any outlook onto the adjoining dwellings bathroom window. Complies.

In addition, a bathroom window which is being replaced is conditioned to be obscured and fixed to a height of 1.5m in order to maintain reasonable levels of privacy to the adjoining dwelling. Complies.

S1

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

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

S1

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

The proposal includes windows along the ground eastern elevation that are conditioned to be fixed and obscured to 1.5m. Complies.

In respect to 1st floor bedroom window (W8), as  the outlook is onto the neighbours roof, it is considered the non-compliance will not have any adverse impacts and will meet the objectives and performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP.

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 Juliet balcony does not comply with the preferred solution in that it is located at the first floor rear elevation and will overlook the rear private open space of the adjoining dwelling. The level of non-compliance is considered reasonable in this instance given the small depth of the balcony does not lend itself to prolonged use, and it is connected to a bedroom, which is considered a low use room. Further, the elevated nature of rear yards in this section of Vale street indicates that privacy to rear open space areas is extremely difficult to maintain, whilst there would be a significant benefit afforded by the “Juliet” balcony in providing light and ventilation to the bedroom. It is therefore considered that the proposal subject to conditions will satisfy the objectives and performance requirement of the DCP-Dwelling Houses.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

Alterations and additions valued at over $100,000 are accompanied with a BASIX certificate.

Complies.

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 north south configuration of the site results in overshadowing being shared across the adjoining properties and any additional overshadowing will not contravene the minimum preferred solutions for solar access to adjoining properties.

 

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.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome:          Excellence in urban design and development. One of the key challenges in attaining this outcome is managing the development opportunities of various sites in conjunction with the demand for larger dwellings. It is considered the proposed development or more specifically the scale of it achieves this outcome.

 

Direction:          Improved sustainability and design across all development.

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10. CONCLUSION

 

The proposal satisfies the relevant assessment criteria and is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/102/2007 & PROP003678 for Alterations and additions to an existing semi-detached dwelling including a new first floor. at 9 Vale Street, Clovelly NSW 2031 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 20316-01 rev A, dated February 2007 and received by Council on 12th February 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

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.

 

5.       The kitchen and bathroom windows (identified as being retained) located on the ground level eastern elevation shall be fixed and obscured to a sill height of 1.5m above floor level in order to maintain reasonable levels of privacy and amenity to the eastern neighbour.

 

6.       The Section A-A plans shall be corrected to identify the “Juliet” balcony floor level and details are to be submitted to the accredited certifier prior to a construction certificate being issued for the proposed development.

 

7.       The aluminium framed glazed roof to the living room at the rear ground floor level shall be suitably treated in order to minimise reflection.  Details shall be provided to and approved by the Director of City Planning prior to a construction certificate being issued for the proposed development.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

8.       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.

 

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

 

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

 

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

 

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

 

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

 

·         Stormwater management (i.e. rainwater tanks)

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

·         Landscaping provisions

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

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

 

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

 

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

 

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:

 

14.     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.

 

15.     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:

 

16.     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.

 

17.     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.

 

18.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

20.     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.

 

21.     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:

 

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

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

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

 

22.     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.

 

23.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

25.     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.

 

26.     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:

 

27.     The demolition of buildings and the removal, storage, handling and disposal of building materials (including asbestos) 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.     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.

 

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 between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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.     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.

 

32.     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.

 

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

 

Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

 

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

 

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

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

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

 

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

 

37.     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.

 

 

 

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ELIAS COOREY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

23 April, 2007

FILE NO:

DA/300/2000/A & PROP009336 & PROP035278

 

PROPOSAL:

 Section 96(2) Modification to approved development - Peter's of Kensington

PROPERTY:

 57-75 Anzac Parade and 49-59 Boronia Parade, Kensington

WARD:

 North Ward

APPLICANT:

 Project Architecture Pty Ltd

OWNERS:

Mr P Satouris & Mrs C Satouris

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

This is an application under Section 96(2) of the Environmental Planning and Assessment Act to modify a previously approved development. The application is referred to Council because the estimated value of the original development proposal exceeded $2M and there were objections to the original and amended application.

 

The approved development involves extensive additions and alterations to the Peter’s of Kensington store. The proposed modifications have primarily arisen through the need to keep the store open during construction. Other proposed modifications are a result of detailed design development. Removing the basement parking would avoid substantial dewatering (though some dewatering would be required) and simplifies vehicular access to the site. The new floor space arrangements would rationalise circulation within the building and include warehousing on each floor, which will improve the way customers browse, select and receive goods.

 

The building height and footprint remain unchanged although the total gross floor area decreases by 998 m2 to 6673m2. There are no changes to the residential part of the approved development.

 

The site is on the western side of Anzac Parade in the north of the Kensington business district. The subject site is made-up of 13 different lots and has frontage to Anzac Parade and Boronia Street.

 

The western portion is zoned Residential 2C and the eastern portion is zoned Local Business 3B. The proposed modifications do not substantially change the nature or distribution of uses throughout the site and it would remain permissible and consistent with the respective zone objectives.

 

The proposed modifications improve the design of the proposed building and do not affect any element that relates to LEP prescribed development controls. The number of storeys, building height, lot frontage, and lot size remain the same as in the approved development.

 

The scope and extent of the changes are secondary to the principle form and nature of the approved development. The development, as modified, would remain materially and substantially the same as the approved development. The proposal satisfies the requirements of Section 96(2) of the Act.

 

Approval subject to conditions is recommended.

 

2.    THE PROPOSAL

 

This is an application under Section 96(2) of the Environmental Planning and Assessment Act to modify a previously approved development.

 

The approved development

 

The approved development involves extensive additions and alterations to the Peters of Kensington store as outlined below:

 

·            Demolition of the building to the south at 71-75 Anzac Parade, and incorporating the 3 properties into the new development.

 

·            Increase customer parking on-site from 14 to 155 spaces by way of excavation into the hillside behind the existing buildings to provide 6 levels of parking. New loading arrangements include a turntable to allow trucks to leave the site in a forward direction. The existing left-in/left-out vehicular access remains from Anzac Parade immediately to the north of the loading dock.

 

·            Extensive internal modifications to the 2 buildings containing the existing Peter’s of Kensington store at 57-69 Anzac Parade. The modifications involve enlarging and re-organising the retail and storage areas. The existing coffee shop on the 1st floor is to be retained and a restaurant is proposed for the top floor.

 

·            Modifications to the Anzac Parade facade so that it appears as a single building. There is a uniform parapet and the store entry is enlarged and accentuated in the façade with awning, parapet, signage and window features. There are 9 showcase windows at street level and 6 large bay windows above the awning. The colour scheme will be changed, but retains a pink theme.

 

·            There are 14 split-level, 2-bedroom flats fronting Boronia Street. The units step down the southern slope of the site in pairs. All units have rear courtyards. The 7 upper level units have small front terraces/balconies.  Vehicular access is from the northern end of the site, to a security controlled basement carpark of 21 spaces and 4 visitor spaces.

 

·            Demolition of heritage items facing Boronia Street.

 

Table 1 allows comparison of the gross floor area of the existing and approved development:

Table 1 - Change in floor space, existing to approved (m2)

 

Retail

 

Warehouse

Office

Total

Existing development

2324

2182

-

4506

Approved development

4250

2085

579

7671

 

The proposed modifications

 

The proposed modifications have primarily arisen through the need to keep the store open during construction. Other proposed modifications are a result of detailed design development. Removing the basement parking would avoid substantial dewatering (though some dewatering would be required) and simplifies vehicular access to the site. The new floor space arrangements would rationalise circulation within the building and include warehousing on each floor, which will improve the way customers browse, select and receive goods.

 

The building height and footprint remain unchanged although the total gross floor area decreases by 998m2 to 6673m2 as shown in table 2. There are no changes to the residential part of the approved development.

Table 2 - Change in floor space, approved to proposed

 

Retail

 

Warehouse

Office

Total

Approved development

4250

2085

579

7671

Proposed development

4253

2157

263

6673

 

Details of the proposed modifications are shown in table 3.

Table 3 Proposed modifications by level.

Floor Level

Proposed Modification

 

Basement

Deletion of basement including parking, entry ramps and some warehouse area.

Relocation of goods lift (all levels above)

Deletion of new substation

Retention of existing ramp to basement warehouse area

Rationalisation of fire egress stairs (all levels above)

Ground Floor

Replace of the 2 separate car park ramps (up and down) with a single-grade, 2-way driveway.

Swapping the location of the loading dock and car park driveways

Retention of existing substation and service access

Revision to car park layout (all levels above)

Relocation of display windows

Replace escalators with stairs (all levels above)

New pick-up/drop-off area

First Floor

Revisions to the retail area, public stair and storage locations

Revision to light-wells in retail area

Deletion of roof garden

Second Floor

Revisions to the retail area, public stair and storage locations

Revision to light-wells in retail area

Deletion of roof garden and terrace

Deletion of office space

New Café

Third Floor

Delete refreshment room and amenities and replace with warehouse and office space.

Delete planter box adjacent rear boundary

Minor modifications to egress stairs to Boronia Street

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is on the western side of Anzac Parade in the north of the Kensington business district. The subject site is made-up of 13 different lots and has frontage to Anzac Parade and Boronia Street. Table 4 outlines the present use for each property.

Table 4 - Present use of the subject land

Property

 

Present Use

57-69 Anzac Parade

Peter’s of Kensington Store

71-75 Anzac Parade

3 shops with flats above (recently demolished)

49 & 51 Boronia Street

A pair of single storey brick semis (local heritage items)

53 Boronia Street

Part 2 and Part 3 Storey residential flat building

55 & 57 Boronia Street

A pair of single storey semis

59 Boronia Street

3 storey residential flat building

 

The commercially zoned part of the site has a 75.7 m frontage to Anzac Parade and an area of 2468m2. The residentially zoned part of the site has a 60.9m frontage to to Boronia Street and an area of 1931m2.

 

The site falls from its northern boundary toward the south-east. The cross fall on the site is 1:6 (16.6%). Figure 1 is an aerial view of the subject site.

Figure 1 -Aerial photograph of the subject site

 

4.    SITE HISTORY

 

The current section 96 application was lodged 7 February 2007 and proposes to amend the deferred commencement development consent granted 5 December 2000 for; alterations and additions to existing retail development – (Peter’s of Kensington), including provision of 155 parking spaces and loading dock; erection of 14x2 bedroom townhouses with basement parking at 57-75 Anzac Parade and 49-59 Boronia Street, Kensington.

 

The following list describes the development application history for the Peter’s of Kensington premises.

 

·            DA 154/71 – Consent was issued for construction of a two-storey building to be used for “pre-sales checking and testing and after sales service”. A basement level was incorporated into the design, although this was not designated for car parking.

·            DA 103/74 – Consent was granted to add an additional storey to the building. A FSR of 2:1. The addition resulted in an additional 7 parking spaces being required. A cash contribution was accepted in lieu of these spaces.

·            DA 66/81 – consent issued for a four storey mixed development containing commercial premises and 18 dwellings.

·            DA 299/88 – Consent issued for change of use of the warehouse to the retail of giftware.

·            DA 299/88/A – A section 102 modification application was submitted to provide a coffee lounge on the 1st floor.

·            DA 191/90 – Consent was granted for alterations to the building and to change the use from general warehouse (storage of books) and office accommodation to fashion warehouse and retail operation. The DA plans involved conversion of the basement to car parking area. No parking assessment was provided in the report.

·            DA 352/92 – Consent issued to erect a two level building at 59 Anzac Parade to connect the existing warehouse at No 57 with No 61 – 69.

·            DA 238/93 – Consent granted for the extension of the mezzanine level and to re-arrange the uses within the building.

·            DA 687/97 - Repainting and part tiling of facade, relocation of existing signage, new flagpoles and banners, new awning at ground floor level.

·            DA 354/98 – Proposed conversion of existing car parking area to retail space. (refused)

·            DA 355/98 – Proposed conversion of an existing terraced area into an enclosed two level storage area with mechanical plant room platform above (refused).

 

5.    SECTION 96(2) ASSESSMENT

 

Council may approve an application to modify an existing Development Consent only if certain criteria are satisfied under the provisions of Section 96(2) of the Environmental Planning and Assessment Act 1979.  Table 3 below outlines the criteria and provides comment.

Table 5 - Section 96 Assessment

Criteria

 

Comment

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

The scope and extent of the changes are secondary to the principle form and nature of the approved development. The development, as modified, would remain materially and substantially the same as the approved development. The proposal satisfies the requirements of this clause.

 

Council must consult with the relevant Minister, public authority or approval body in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body.

 

The development site was the subject of detailed traffic referrals and associated traffic related comments / conditions as part of the assessment of the initial development application (DA 300/00). The Section 96 Application makes changes to the car park arrangement and loading bay and swaps over the car park entry / exit point with the loading bay entry / exit point. The key elements of the development in terms of traffic related issues remain substantially the same and a decision has been taken not to refer the application back through the various traffic bodies. The traffic related consideration of the initial application is still applicable to the Section 96 Application.

 

Council must notify the application in accordance with the regulations, if the regulations so require, or a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent.

 

The application was notified in accordance with Council’s ‘Public Notification of Proposals’ DCP.

Council must consider any submissions made concerning the proposed modification.

 

Submissions are considered under the ‘Community Consultation’ heading of this report.

Council must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

Relevant Section 79C matters are considered under the ‘Environmental Planning Instruments’ and ‘Environmental Assessment’ headings of this report.

 

 

6.    COMMUNITY CONSULTATION:

 

The proposal was notified and advertised in accordance with Council Policy. The following submission was received:

 

Patricia Ludgate, 5/50 Boronia Street, Kensington

 

 

Comment: The proposed modifications do not change the number of residential parking spaces or affect the approved Boronia Street entry.

 

 

 

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

7.1 Environmental Planning Instruments

 

(a)  Randwick Local Environmental Plan 1998

 

Land Use Zone

 

The site has a split zoning as shown in figure 3. The western portion is zoned Residential 2C and the eastern portion is zoned Local Business 3B. The proposed modifications do not substantially change the nature or distribution of uses throughout the site. The development remains permissible and consistent with the respective zone objectives.

Figure 2 - Zone map

 

Clause 42C Kensington Town Centre

 

This clause was gazetted 8 January 2003, several years after the development was originally approved. It applies to the commercially zoned part of the site. The original development was approved before the clause was gazetted. Nevertheless, these provisions must be considered, but only in the context of the proposed modifications.

 

The Council must be satisfied that the proposed modifications are consistent with the following objectives for the Kensington Town Centre:

 

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

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

·         to provide opportunities for residential development in the town centre that compliment the primary business function of the town centre,

·         to encourage a variety of medium density housing forms that compliment the development within the town centre and that do not have an adverse impact on surrounding residential areas,

·         to encourage the amalgamation of land to facilitate redevelopment within the town centre,

·         to facilitate development within the town centre that supports the regional entertainment industry,

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

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

·         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,

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

·         to require and encourage environmentally sustainable approaches to future land use and development,

·         to improve the overall environmental quality of the Kensington Town Centre.

 

This clause also specifies development standards for the maximum number of storeys, maximum height, minimum frontage, and minimum allotment size.

 

The proposed modifications do not affect any element that relates to specific development controls. The number of storeys, building height, lot frontage, and lot size remain the same as in the approved development. The proposed modification satisfies the objectives of this clause.

 

7.2           Development Control Plans

(a)  Development Control Plan – Kensington Town Centre

 

Like Clause 42C, this DCP came into effect some time after the original application was approved, but must be considered here in the context of the proposed modifications only.

 

The Kensington Town Centre DCP describes design performance objectives for new buildings. There are also ‘block’ specific controls. The subject site is located within ‘block 11’.

 

The proposed amendments are generally minor and would not materially alter the form or nature of the approved development. The proposed modifications adequately satisfy the design performance criteria in this DCP.

 

 

 

 

(b)  Development Control Plan – Parking

 

The changed floor space arrangements result in a lesser parking demand and provision of fewer parking spaces on the site as shown in table 6. There remains an excess of parking on the site.

Table 6 - Change in parking demand

 

Commercial

Residential

Total demand

Total provided

Approved

128

21

149

155

Proposed

106

21

127

144

 

8.    TECHNICAL OFFICER’S COMMENTS

 

8.1      Environmental Health comments

 

The proposal

 

The proposal consists of a section 96 application for the modification of original approval. The modification involves the revision of the car park configuration and the deletion of one level of parking.

 

It also includes the construction pf a new café, and as such standard food premises conditions are to be included in any consent issued.

 

Food safety requirement

 

The section 96 proposes the inclusion of a new café located on the second floor of the premises. Standard food premises conditions are to be included on any consent issued.

 

Potential Noise Nuisance

 

The modifications proposed are considered minor in nature in terms of the potential to create noise nuisance. The section 96 application proposes a reduction in the number of car parking spaces and reconfiguration of the car park which are considered unlikely to increase the potential for noise nuisance.

 

In terms of potential noise nuisance from plant and equipment, the section 96 application proposes the inclusion of a new café. There is an existing café on the premises, and due to the scale of the development, it is considered that the proposed café is unlikely to impact on the surrounding residential amenity.

 

For the reasons detailed above, it is considered that no acoustic report is required to be submitted and any noise nuisance that may arise can be dealt with via conditions included on the consent.

 

Recommendation

 

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

 

 

 

 

8.2      Engineering Development Assessment Comments

 

A Section 96 Application has been submitted to modify the development consent for a mixed commercial / residential development at the above location.

 

This report is based on the following documentation prepared by Project Architecture Pty Ltd identifying the proposed modifications:

 

Proposed Section 96.2 Basement Plan                                    A-100

Proposed Section 96.2 Ground Floor Plan                                 A-102

Proposed Section 96.2 First Floor Plan                                    A-103

Proposed Section 96.2 First Floor Plan P5                                A-104

Proposed Section 96.2 Second Floor Plan                                A-105

Proposed Section 96.2 Third Floor Plan                                   A-106

Existing DA 300/00 and Proposed Section 96.2 Elevation   A-300

Proposed Section 96.2 Sections 1, 2 & 3                                 A-200

 

The applicant has stated that the proposed modifications simplify car parking and delivery vehicle access by:

 

·         Setting the lowest level of parking so that it is at the level of Anzac Parade;

·         Deleting two separate ramps (up and down) and replacing them with one level driveway;

·         Swapping the relative location of the car park and loading dock entries to facilitate access to storage areas; and

·         Providing sufficient area for delivery vehicles to turn on site so as to exit the site in a forward direction;

·         Deleting the service vehicle turntable; and

·         Retaining the existing vehicle access for the substation to allow ongoing maintenance and service of the substation. Access to this will be infrequent.

 

It is proposed to provide 144 car spaces compared to the 155 spaces approved under the current development consent for DA 300/00. In addition to the proposed 144 spaces a parking contribution has been made for the site for a further 7 spaces. The applicant has stated that the change in the proposed number of car spaces is a result of minor changes in the area allocated to use. The applicant has also stated that the parking provision complies with the relevant requirements of Council’s DCP-Parking and, whilst it would be desirable to maintain the original level of parking, the modified layout does have merit in terms of simplification of vehicle movements and an improvement to the loading dock.

 

•        Car Park Layout Comments

 

The applicant’s traffic consultant makes the comment that the parking layout complies with the relevant provisions of AS 2890.1-2004. The Development Engineer has undertaken a general assessment of the proposed car park layout and is general agreement with the traffic consultant. The proposed Section 96 modification is an improvement to the approved layout in that there is a reduction in the number of ramps and the basement car park is removed. This simplifies the vehicle circulation and the deletion of the basement car park lessons the potential impact on groundwater, thereby reducing the likelihood for temporary dewatering during construction and the problems associated with dewatering, (such as the potential for adverse impact on adjoining structures etc).

 

•        Parking Provision Comments

 

The original application provided 155 parking spaces and the modified layout only makes provision for 144 car spaces. Whilst it would be desirable to retain the 155 spaces the applicant has stated that the car parking provision still complies with Council’s DCP-Parking and is supportable on this basis. The Planning Officer is requested to consider the information submitted by the applicant with respect to the parking provision calculation, in particular whether the applicant has included the new café on the second floor into the total retail area, (given as 4249 square metres on page 9 of the SEE).[1]

 

The modified layout makes entering and exiting the site simpler and safer and it is considered that the benefits of the modified layout partially counter the negative impact associated with the reduction in the overall parking provision.

 

•        Loading Dock Comments

 

The approved loading dock required the installation of a turntable to ensure that vehicles could enter and exit the site in a forward direction. The proposed modifications will enable delivery vehicles to enter and exit the site in a forward direction without the need for a turntable, (turntables are generally not supported by the Development Engineering’ team). The modified loading dock also has a greater capacity and the Planning Officer is advised that the modified loading area and manoeuvring area is supported.

 

Note: support for the proposed loading dock is very much based on the swept path analysis undertaken for the various sized rigid trucks presented in Appendix 1.

 

•        Pick Up / Drop Off Area Comments

 

The applicant proposes a pick up / drop off area on the Ground Floor Level of the development (adjacent to the warehousing area and opposite proposed car spaces 3 to 16 inclusive). If heavily used, this area may prove problematic for the drivers of vehicles using car spaces 3-16 and to the circulation through the Level 1 parking area. Consideration should be given to deleting / relocating the proposed pick up / drop off area unless it can be demonstrated that sufficient manoeuvring area exists for the users of car spaces 3-16 and the circulation of traffic through the subject section of the Level 1 car park. The Planning Officer is also advised that plans shown in Appendix 1 relating to the pick up / drop off area vary from the Section 96 (2) submission.

 

•        RTA Referral Comments

 

The development site was the subject of detailed traffic referrals and associated traffic related comments / conditions as part of the assessment of the initial development application (DA 300/00). The Section 96 Application makes changes to the car park arrangement and loading bay and swaps over the car park entry / exit point with the loading bay entry / exit point. The key elements of the development in terms of traffic related issues remain substantially the same and a decision has been taken not to refer the application back through the various traffic bodies. The traffic related consideration of the initial application is still applicable to the Section 96 Application.

 

Conclusion

 

The Planning Officer is advised that the Development Engineer raises no objections to the Section 96 Application subject to the area breakdown used for parking provision calculations being confirmed and the following amendments being made to the existing conditions of consent:

 

8.    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.

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10. CONCLUSION

 

This is an application under Section 96(2) of the Environmental Planning and Assessment Act to modify a previously approved development. The application is referred to Council because the estimated value of the original development proposal exceeded $2M and there were objections to the original and amended application.

 

The approved development involves extensive additions and alterations to the Peter’s of Kensington store. The proposed modifications have primarily arisen through the need to keep the store open during construction. Other proposed modifications are a result of detailed design development. Removing the basement parking would avoid substantial dewatering (though some dewatering would be required) and simplifies vehicular access to the site. The new floor space arrangements would rationalise circulation within the building and include warehousing on each floor, which will improve the way customers browse, select and receive goods.

 

The building height and footprint remain unchanged although the total gross floor area decreases by 998 m2 to 6673m2. There are no changes to the residential part of the approved development.

 

The site is on the western side of Anzac Parade in the north of the Kensington business district. The subject site is made-up of 13 different lots and has frontage to Anzac Parade and Boronia Street.

 

The western portion is zoned Residential 2C and the eastern portion is zoned Local Business 3B. The proposed modifications do not substantially change the nature or distribution of uses throughout the site and it would remain permissible and consistent with the respective zone objectives.

 

The proposed modifications improve the design of the proposed building and do not affect any element that relates to LEP prescribed development controls. The number of storeys, building height, lot frontage, and lot size remain the same as in the approved development.

 

The scope and extent of the changes are secondary to the principle form and nature of the approved development. The development, as modified, would remain materially and substantially the same as the approved development. The proposal satisfies the requirements of Section 96(2) of the Act.

 

Approval subject to conditions is recommended.

 

RECOMMENDATION:

 

A.     THAT Council grant approval under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. 300/2000, 57-75 Anzac Parade and 49-59 Boronia Parade, Kensington, in the following manner:

 

1.         Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered DA26-DA36A, da37a-da39, dated 17 October 2000 and received by Council on 17 October 2000, and plan numbered DA46 (New Bay Windows Perspective View), dated 14 November 2000, received by Council on 15 November 2000 the application form and on any supporting information received with the application, as amended by Section 96 plans numbered A-100-A106, A200 and A300 dated 5 February 2007 and received by Council 7 February 2007, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

2.         Amend Condition No. 22 to read:

 

The vehicular crossings in Anzac Parade shall be designed and constructed in accordance with the requirements of both Council and the Roads and Traffic Authority. The applicant shall contact Council’s Traffic Engineer and Development Engineer to discuss the design requirements for the Anzac Parade vehicular crossings prior to lodging the construction certificate.

 

3.         Amend Condition No. 23 to read:

 

The aisle widths, internal circulation, ramp widths and grades of the carpark are to generally conform to the Roads & Traffic Authority (RTA) guidelines, Australian Standard AS 2980.1 – 2004 and Council’s Development Control Plan - Parking. Details of compliance are to be shown on the relevant plans and specifications for the construction certificate, and are required to be submitted to and approved by the certifying authority, prior to a construction certificate being issued for the proposed development.

 

4.         Amend Condition No. 24 to read:

 

Prior to the issuing of a construction certificate the applicant shall submit for approval, and have approved by the certifying authority, longitudinal sections along the extremities and the centreline of each internal driveway/access ramp at a scale of 1:20. Each section shall indicate compliance with Council’s issued alignment levels. Vehicular access driveways are to be designed in general accordance with Council’s Development Control Plan – Parking and the relevant sections of AS 2890.1- 2004.

 

5.         Amend Condition No. 25 to read:

 

Any proposed pay booth and boom gates must be located to Council’s satisfaction. Details of the proposed pay booth/s and boom gates must be submitted to Council for approval and be approved prior to the issuing of a construction certificate. The applicant is advised to submit a traffic management plan setting out the operation of the paid parking for Council’s consideration and approval.

 

6.         After condition 115 insert the following conditions and reasons:

 

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:

 

116.    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.

 

117.    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).

 

118.    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.

 

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:

 

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

 

120.    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:

 

121.    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.

 

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

 

§      Food handling – skills, knowledge and controls.

§      Health and hygiene requirements.

§      Requirements for food handlers and businesses.

§      Cleaning, sanitising and maintenance.

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

 

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.

 

123.    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.

 

124.    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.

 

125.    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.

 

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

 

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

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

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

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

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

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

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

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

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

§           Garbage storage enclosures are to be fitted with a hose cock and the floor is to be graded and drained to an approved floor waste connected to the sewer.

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

§           Wash hand basins must be provided in convenient positions, with hot and cold water, together with a sufficient supply of soap and clean towels.  Such hot and cold water shall be supplied to the wash hand basins through an approved mixing device.

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

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

§           All food that is to be kept hot should be heated within one (1) hour from the time when it was prepared or was last kept cold, to a temperature of not less than 60°C and keep this food hot at or above the temperature.  Food that is to be kept cold should be cooled, within four (4) hours from the time when it was prepared or was last kept hot, to a temperature of not more that 5°C and keep this food cold at or below that temperature.

 

127.    Details of proposed mechanical ventilation systems, detailing compliance with the relevant requirements of Clause F4.12 of the BCA and Australian Standard AS 1668 Parts 1 & 2 (including exhaust air quantities and discharge location points) are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of relevant documentation is to be provided to Council.

 

128.    A certificate or statement must be provided to the certifying authority and the Council, from a suitably qualified person, prior to occupation, which confirms that the mechanical ventilation system satisfies the relevant requirements of the Building Code of Australia and Australian Standards AS 1668 Parts 1 & 2.

 

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

 

130.    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.

 

131.    Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

13 April, 2007

FILE NO:

DA/46/2006 & PROP004227

 

PROPOSAL:

 Demolition of the existing structures on the site and the construction of a new three level dwelling house, swimming pool, double garage and car space off Dacre Lane and associated landscaping.

PROPERTY:

 39 Victoria Street, Malabar

WARD:

 South Ward

APPLICANT:

 Mr D J Bray and Mrs M C Bray

OWNER:

 Mr D J Bray and Mrs M C Bray

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Anthony Andrews, Paul Tracey, Alan White.

 

The proposed development involves the demolition of the existing dwelling house and associated structures and the construction of a new three level dwelling house, new swimming pool and new detached double garage on the subject site. The application was lodged on 31 January 2006 and notified to the surrounding properties from 8 February 2006 to 22 February 2006. One objection was received during this notification period and raised a number of concerns including the height, bulk and scale of the development, building setbacks and potential adverse visual and acoustic privacy impacts.

 

The original proposal was considered to be unsatisfactory in regard to its proposed form, height and bulk, with the proposal inaccurately represented in regard to the rear building line of adjoining neighbouring properties.  The applicant requested the opportunity to amend the proposal and submitted sketch amendments for consideration on 1 June 2006

Consequently, amended plans for the proposed new dwelling house were lodged on 1 March 2007 with a revised Basix Certificate.

 

The amended application was renotified to the surrounding properties from 9 March 2007 to 23 March 2007. One objection was received from the same objector as the original proposal and raised concerns regarding acoustic and visual privacy, floor area and potential impacts resulting from excavation on the site. These issues have been considered in the assessment of the application; however it is deemed that the amended proposal introduces a more satisfactory stepped three level form into the design, with both reduced lower ground and upper level floor plates that will not have a significant impact to the adjoining properties or the amenity of the streetscape.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application proposes the demolition of the existing dwelling house and associated structures and the construction of a new three level dwelling house, new swimming pool and new detached double garage on the subject site.  In detail, the proposed new dwelling is to consist of the following:-

 

Lower ground floor level

 

Ground floor level

 

First floor level

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Figure 1: The subject site and surrounding area

 

The subject site is located on the north-east side of Victoria Street between Ireton Street and Raglan Street in Malabar, with Dacre Lane located at the rear (north-east) of the subject site.  The site is identified as Lot 10 in DP 6074 and has an overall area of approximately 475.5m² (refer Figure 1 for an aerial view of the subject site and surrounding area).  The site is regular in shape and has a frontage width of 10.06m and a side boundary depth of 47.275m.  The site is presently occupied by an existing single storey timber clad dwelling house with a tile roof (refer Figure 2). 

 

Figure 2: subject site

 

Neighbouring the property to the north-west and south-east are part one/part two storey dwelling houses (Nos. 37 and 41 Victoria Street respectively).  Located to the rear of the site, on the opposite side of Dacre Lane are garages of properties fronting Dacre Street.  The surrounding area is predominantly residential in character, consisting of one and two storey dwelling houses, however, the Malabar RSL Club is located diagonally opposite the site on the south-western corner of Victoria and Ireton Streets.

 

Figure 3: No. 41 Victoria Street to the south-east

 

Figure 4: No. 37 Victoria  Street to the north-west

Figure 5: Garages on opposite side of Dacre Lane

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The original proposal was considered to be unsatisfactory in regard to its proposed form, height and bulk, with the proposal inaccurately represented in regard to the rear building line of adjoining neighbouring properties.  The applicant requested the opportunity to amend the proposal and submitted sketch amendments for consideration on 1 June 2006.  These were shown to the neighbouring objector and the plans were considered to satisfy their concerns.  Accordingly, the applicant was requested to formally lodge amended plans.  Consequently, amended plans for the proposed new dwelling house were lodged on 1 March 2007 with a revised Basix Certificate.  The amended proposal introduces a more satisfactory stepped three level form into the design, with both reduced lower ground and upper level floor plates.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan - Public Notification. The following submissions were received:

 

5.1 Objections

 

Original proposal

 

The proposal has been notified, advertised in accordance with the Development Control Plan – Public Notification of Development Proposals and Council Plans, until 22 February, 2006.  As a result, one (1) submission was received from the adjoining neighbour, R and P Hayes at 41 Victoria Street, Malabar.  The amended proposal was re-notified to the adjoining and neighbouring properties in accordance with the DCP – Public Notification of Development Proposals and Council Plans, until 23 March, 2007.  As a result of this notification, one (1) submission was received, being from R Hayes of 41 Victoria Street, Malabar, as follows:

 

Issues

 

   The proposal, seeks approval for non compliances, which will have an adverse impact on the amenity of 41 Victoria Street in terms of privacy, overshadowing, and acoustic amenity.

 

   The submission is incomplete in that the natural ground line is not verified by spot levels and the following has not been provided:

·            landscaping and floor space calculations,

·            side setback dimensions,

·            a geotechnical report.

As such, the lack of information provided does not provide sufficient and accurate means for the assessment of potential impacts.

 

   The kitchen areas is elevated above natural ground level and does not appear to be setback 1.5m in accordance with Council’s controls, resulting in excessive visual bulk to 41 Victoria Street and while of translucent glass there is no guarantee of it remaining closed to maintain satisfactory noise and privacy levels.

 

   The lower ground floor level requires significant site excavation and therefore does not achieve compliance with Council’s controls which set a maximum excavation level of 1m.  The excavation may result in structural damage to 41 Victoria Street and a dilapidation survey should be provided at the applicant’s expense prior to any commencement of site work.

 

   It appears that the service areas within the lower ground floor level have not been included within the calculation for gross floor area and may in future be converted into unapproved habitable space.

 

Planning comment

 

The amended proposal achieves compliance to the preferred solutions for landscaped area, floor area and height. With regard to setbacks, the amended proposal only has minor variations to the preferred solutions for side setbacks.  On the southern side, the variation pertains to a 3.6m length of kitchen wall (with a window) at the elevated ground floor level, which is setback 900mm from the southern boundary instead of 1.5m.  A similar length of wall at the upper level relates to the master bedroom and ensuite, however it does not have any windows in this section of wall.  The variations proposed to prefer solutions for side setbacks will not significantly alter the shadow impact when compared to a fully compliant proposal.  With regard to the privacy impact from the kitchen window, it is considered that this may be satisfactorily addressed by a condition of consent requiring that the sill height of the kitchen window be raised to 1.6m from the floor level.  Council’s Co-ordinator, Development Engineers has advised that a geotechnical report is not required for the excavation works as ground water is not likely to occur as a result of excavation in this area.  The issue pertains to potential damage to the adjoining property at No. 41 Victoria Street and as such conditions requiring a geotech and dilapidation reports prior to the commencement of works is contained within the Recommendation of this report. It should be noted that the applicant is not necessarily obliged to provide calculations of landscaped area and floor space on the submitted plans.  Further, the objector’s comments in relation the plans for the lower ground floor level appear to be based on a misinterpretation of a section submitted with the plans.  Issues pertaining to acoustic amenity arising from noise from the domestic use of the building rather than noise from plant or machinery are not relevant planning matters.  As such, it is not considered necessary to make any windows inoperable.

 

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 Engineers

 

The application has been referred to Development Engineering for comment & conditions have been provided for inclusion with any consent granted:

 

Landscape Comments

 

Within the front yard of the site, towards the northwest corner, there is one Araucaria columnaris (Cooks Pine) of approximately 6 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order.

 

Although far from significant at the time of inspection, this is an extremely large species upon maturity, 60 metres tall in the wild, about ½ - ¾ this size in cultivation/urban situations. Protection measures would be required during excavation/construction; however, the size requirements of this species both above and below ground are the most important consideration given its proximity to the adjoining dwelling to the west, 37 Victoria Street, and proposed dwelling with the subject site.

 

As such, approval is granted for the removal of this tree as shown, subject to the provision of a suitably sized and sited replacement native tree.

 

In the rear yard, along the northern boundary, there is a row of three Cupressus macrocarpa ‘Brunniana’ (Brunnings Cypress) which have been heavily pruned on previous occasions and are in poor condition. All three shall be removed to accommodate the proposed works and suitable replacement planting.

 

Still within the backyard, close to the eastern boundary, there is one Banksia integrifolia (Coastal Banksia) of about 4 metres in height and 4 metres which appears in reasonable condition and is covered by Council’s Tree Preservation Order.

 

Although an endemic species (occurs naturally in the area), the site inspection revealed included bark at ground level, at the junction of the co-dominant trunks. This is considered a major structural weakness, with this species well known for the occurrence of part of full failure.

 

It would not be possible to retain this tree and proceed with construction of the proposed garage as shown, with a re-design to accommodate its retention not justified. As such, approval is granted for the removal of this tree subject to suitable natives being provided in its place elsewhere within the rear yard.

 

Drainage Comments

 

Stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to a 5 m2 base infiltration area/rubble pit. An over flow pipe shall be provided from the silt arrestor pit that drains to Council’s kerb and gutter (or underground drainage system).

 

The requirement for an infiltration/rubble pit will not be enforced should the ground conditions preclude the construction of the infiltration pit (i.e. rock and/or the water table is near the surface). If the infiltration area is not constructed (due to demonstrated unsuitable ground conditions), all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit.

 

Traffic / Civil Works Comments

 

It is noted that the floor levels for the proposed garage and hardstand car space will need to be lowered to meet the issued alignment level of 20mm above the edge of the asphalt roadway.

 

The Planning Officer may wish to request amended plans detailing compliance with this requirement prior to the issuing of development consent however a condition has been included in the report to address this issue.

 

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 site is zoned Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

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

 

·         Environmental Planning and Assessment Act, 1979, as amended

·         Environmental Planning and Assessment Regulation 2000

·         State Environment Planning Policy (Building Sustainability Index: BASIX) 2004:

·         Randwick Local Environmental Plan 1998

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

·         Randwick Development Control Plan - Parking

·         Randwick City Council Asbestos Policy 2005

·         Building Code of Australia.

 

8.1      Randwick Local Environmental Plan

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

The objectives of Zone No. 2A are:

 

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

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

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

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

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

 

It is considered that the amended proposal for the new dwelling house is not inconsistent with the above listed Zone No. 2A objectives.  It is of a contemporary nature and is similar in bulk and scale as more recent forms of development in the surrounding area, without significant detrimental impacts to adjoining properties. 

 

Clause 29 - Foreshore Scenic Protection Area

 

Clause 29 of Randwick LEP 1998 requires the consideration of the aesthetic qualities of any development within the foreshore protection area.  It is considered that the aesthetic appearance of the proposed new dwelling house is no inconsistent with other recent forms of development within the area and it is considered that the appearance of the proposal will not adversely affect the character or amenity of the locality.

 

8.2      State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

The proposal is for a new dwelling and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

8.3 Policy Controls

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

 

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding preferred solutions as listed in the Table below (refer Figure 6) and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements.

 

Figure 6: Compliance table

 

 

 

 

 

Preferred Solution

Proposed

Compliance

Floor space ratio (FSR)

0.58:1

0.54:1

Yes

Landscaped area

40% (min) overall

20% (min) permeable

49% overall

>20% permeable

Yes

External wall height

7m (max)

7m (max)

Yes

Setbacks

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Garage

 

Front

Average of adjoining or 6m where no adjoining

 

Side

0.9m: 1 level

1.5m: 2 levels

3.0m: 3 levels

 

 

 

 

 

 

 

Rear

 

4.5m-dwelling

 

Located behind rear building line

 

1m offset to rear boundary with access from rear lane

 

 

Front

Consistent with adjoining development

 

North side:

0.9m-1.5m: 1 level

0.9m-1.5m: 2 levels

1.5m-3m: 3 levels

 

South side

 

1.5m: 1 level

0.95m-3m: 2 levels

2.5m-3m: 3 levels

 

 

 

22.6m-dwelling

 

Garage

 

 

1m offset to Dacre Lane

 

Front

Yes

 

 

 

Yes

No

No

 

 

 

Yes

No

No

 

 

 

Yes

 

 

 

 

Yes

 

The amended proposal achieves compliance with the preferred solutions with regard to FSR, landscaped area and external wall heights. 

 

The amended proposal has significantly increased articulation to the side and rear of the building and which now predominantly complies with the preferred solutions for side setbacks through the majority of its side lengths.  Variations arise due to the steep topography of the site and generally are for relatively short lengths of the building.  No significant adverse impacts are considered to arise with respect to neighbouring properties as a result of the variations to the preferred solutions for side setbacks.  The elevated ground level balcony to the rear of the new dwelling is proposed to be screened along its southern elevation and have a solid wall along the northern elevation.  The first floor level deck at the rear of the proposed new dwelling is well setback from neighbouring properties and generally overlooks their roofs.  On the southern side, the topmost level is substantially in accordance with the side setback requirements and minimises overshadowing to a reasonable level given the site orientation and building footprint of adjacent properties.

 

The proposed new dwelling predominantly presents as a two storey building to the street and overall is considered consistent with other recent contemporary residences in the area.  The front door is orientated to the street front with it entrance readily identifiable on the approach to the building.  Bedroom windows face toward the street for surveillance purposes.  An appropriate condition will be imposed to ensure that the front fence design is in accordance with the preferred solutions.

 

The rear yard is proposed to be terraced with a new swimming pool located in the rear yard and a new double garage and an adjacent car space off-set from Dacre Lane by 1m in accordance with the preferred options for accommodating cars on site. 

 

The amended proposal presents as a stepped building form on the sloping site and now provides a sufficient setback at the ground and upper level for a fair sharing of views.  The garage is located off Dacre Lane and is consistent with other development located off the lane and will not detract from the appearance of the new building or adjacent properties.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcomes

Outcome 4: Excellence in urban design and development

The proposal has a good architectural quality that addresses the significance of the location to the Malabar beach and surrounding foreshore area and will contribute to the established character of the area.

 

Directions and Key Actions

Direction 4a & associated key action: Improved design and sustainability across all development

The proposed new dwelling will have a positive contribution to the character of the area and will not adversely impact the sustainability of the dwelling. It is considered the proposal will not adversely impact upon the sustainability of other development in the area.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposal generally 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 development in its amended form is considered suitable for the site and will generally maintain the established character of the locality, will not adversely impact upon the amenity of the adjoining properties and will have a positive contribution to the streetscape.

 

As such the proposal is recommended for approval.

 

12        RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 46/2006 for demolition of the existing structures on the site and the construction of a new three level dwelling house, swimming pool, double garage and car space off Dacre Lane and associated landscaping, at 39 Victoria Street, Malabar, subject to the following conditions: -

 

CONDITIONS OF CONSENT

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans  with Drawing No. 2514 and numbered 1C, 7B, 8C, 10C, 11.1A, 12C, all dated December, 2006; 2B, 3B, 4B, 5B, 6B, 9B, 11B, all dated September, 2006 and Landscape Plan L01/02 dated March 2006 prepared by Intrigue Living Designs and all received by Council on 1 March, 2007, 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 AMENTITY:

 

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 shall be in accordance with the Schedule of External Materials Finishes and Colours received by Council on 1 March, 2007, in order to maintain the integrity and amenity of the building and the streetscape.

 

3.       The sill height of the kitchen window located on the southern elevation shall be increased to be a minimum height of 1.6m above the floor level.  Details of such shall be shown on the construction certificate plans prior to the issue of the construction certificate.

 

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

 

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

 

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

 

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

 

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

 

9.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

 

10.     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.

 

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

 

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

 

13.     The fence on the street alignment and new side fences forward of the building line shall be a maximum height of 1.8m  and be designed so that the upper two thirds of the fence is at least 50% open in order to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.  Details shall be shown on plans prior to the issue of the construction certificate

 

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

 

15.     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.

 

ECOLOGICALLY SUSTAINABLE DEVELOPMENT & ENERGY EFFICIENCY: 

 

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

 

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

 

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

 

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

 

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

 

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

 

·     Stormwater management (i.e. rainwater tanks)

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

·     Landscaping provisions

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

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

 

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

 

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

 

ASBESTOS POLICY REQUIREMENTS

 

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

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     A Certificate or Statement, prepared by a suitably qualified person (i.e. 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.

 

PRESCRIBED BUILDING & FIRE SAFETY REQUIREMENTS:

 

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

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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”.

 

32.     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.

 

33.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

35.     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.

 

FIRE SAFETY CONDITION

 

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

 

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

 

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

 

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

 

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

 

STRUCTURAL ADEQUACY:

 

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

 

37.     Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

38.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

39.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandahs, fences, retaining walls, swimming pools and driveways etc.) located upon:

 

a)       all of the premises adjoining the subject site.

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

40.     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.

 

 

 

CONSTRUCTION SITE MANAGEMENT:

 

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:

 

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

 

42.     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.

 

43.     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 (including removal of any asbestos)

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

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

·         Methods and location of disposal of any hazardous materials

·         Other relevant details, measures and requirements to be implemented

·         Date the demolition works 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.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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.

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (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.

 

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

 

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

 

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

 

58.     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.

 

59.     A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

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

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

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

 

61.     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.

 

DEMOLITION & CONSTRUCTION WASTE

 

62.     A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the issuing of a construction certificate.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

         

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

63.     Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

 

 

SWIMMING POOLS & SPAS:

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

64.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

65.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

·         Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

·         All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises.

 

66.     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

The operation of swimming pool/spa pool pump and equipment is restricted, if the noise emitted can be heard within a habitable room in any other residential premises, the equipment shall not be operated during the following hours, or, as otherwise specified in relevant Noise Control Regulations: -

·         before 8.00am or after 8.00pm on any Sunday or public holiday; or

·         before 7.00am or after 8.00pm on any other day.

 

 

 

 

 

NOISE EMISSION 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:

 

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

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

68.     The installation of rainwater tanks and greywater treatment systems shall comply with the following noise control requirements:-

 

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

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)     Plant and equipment associated with rainwater tank(s) and greywater treatment systems are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)     The operation of plant and equipment associated with the rainwater tank(s) and greywater treatment systems are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

·              before 8.00am or after 8.00pm on weekends or public holiday; or

·                before 7.00am or after 8.00pm on weekdays.

 

CIVIL WORKS CONDITIONS

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

 

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

 

a)   Construct a full width asphalt vehicular crossing at the edge of the roadway opposite the proposed vehicular entrance to the site in Dacre Lane.

 

b)   Carry out a full depth, 1.50 metre wide, and road construction along the full Dacre Lane site frontage.

 

70.     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.

 

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

 

ALIGNMENT LEVEL CONDITIONS

 

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

 

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

 

     Victoria Street:   RL 31.57 (AHD) at the southern property boundary

RL 32.47 (AHD) at the northern property boundary

Grade linearly between these two levels

 

(As per the submitted survey plan by Paul A. Lawson dated 16/03/2005)

 

     Dacre Lane:   20mm above the edge of the asphalt roadway at all points opposite the roadway, along the full Dacre Lane site frontage.

 

(Note: The proposed garage and hardstand car space floor levels will need to be lowered in order to comply with this requirement)

 

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

 

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

 

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

 

74.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $885 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

75.     The top of footings of any structures constructed on the boundary alignment in Victoria Street must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

SERVICE AUTHORITY CONDITIONS

 

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

 

76.     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.

 

77.     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:

 

78.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a.  The sediment/silt arrestor pit shall be constructed:-

 

i.      within the site at or near the street boundary.

ii.      with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.     with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.     with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.     with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.  The infiltration/rubble pit shall:-

    

i.     have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.    be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.    be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

Note:  other equivalent methods of infiltration may be adopted.

iv.   have a minimum base area of 5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c.  The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

          All works shall be to the satisfaction of the certifying authority.

 

d.  The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

LANDSCAPE CONDITIONS

 

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

 

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

 

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

 

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

 

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

 

TREE MANAGEMENT

 

83.     The applicant shall submit a total payment of $189.20 to Council,

 

a.       Being the cost for Council to supply and install 2 x 25 litre street trees (Cupaniopsis anacardioides, Tuckeroo’s) on the Victoria Street nature strip at the completion of all works ($172.00 + GST)

 

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

 

84.     Approval is granted for the removal of the following trees subject to the planting of 3 x 25 litre (pot size) broad canopied replacement native trees (not palms) within the site, comprising one which will attain a minimum height at maturity of 10 metres in the front yard, a minimum of one within the rear yard which will attain a minimum height of 6 metres at maturity, with the location of the third tree, which will achieve a minimum height at maturity of 6 metres, to be located at the discretion of the applicant. These replacement trees are to be indicated on the plans submitted for the construction certificate.

 

a.       One Araucaria columnaris (Cooks Pine) in the front yard, towards the northwest corner,

b.       Three Cupressus macrocarpa ‘Brunniana’ (Brunnings Cypress) in the rear yard, along the northern boundary,

c.       One Banksia integrifolia (Coastal Banksia) in the rear yard, towards the eastern boundary.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

18 April, 2007

FILE NO:

DA/2/2007 & PROP019908

 

PROPOSAL:

 Alterations and additions to the existing dwelling including new first floor with balcony at the rear and new front fence and gate.

PROPERTY:

 39 Austral Street, MALABAR

WARD:

 South Ward

APPLICANT:

 William Daskalopoulos

OWNER:

Paul Cahill and Melissa Cahill

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee for determination at the request of Councillors Alan White, Paul Tracey & John Procopiadis.

 

The application was notified to adjoining and nearby property owners and a number of objections were received.  The main issues raised in the submissions related to the size, bulk and height of the first floor addition, overshadowing and privacy loss to the adjoining properties.

 

The applicant has amended the plans to address a number of the objectors concerns by reducing the width of the rear first floor balcony and providing obscure glazing to a height of 1.5m above the first floor level for the windows on northern and southern elevations.

 

Subject to the rear first floor balcony being further reduced in depth, the proposal is considered reasonable and satisfactorily addresses the objectors concerns and meets the objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to carryout alterations and additions to the existing dwelling to provide for a new first floor level.  The following works are proposed:

 

·             Internal refurbishment to provide a pantry and new laundry and removal of a wall in the lounge room;

·             The first floor addition includes three new bedrooms, a family room, study, en-suite and bathroom;

·            A new first floor balcony to the rear; 

·             A new attic within the roof space to be used for a children’s play room;

·             New roof skylights; and

·             A new 1.8 metre high timber picket fence to the front of the dwelling setback 1.4 metres from the boundary to allow planting.

 

Amended plans have been received showing a reduction in the size of the rear balcony and providing obscure glazing to a height of 1.5m above the first floor level for the windows on the northern elevation.  Additional information providing RL’s to AHD and a streetscape elevation has also been provided.

 

The assessment of the application is based on the amended plan numbered WD01 B, dated 6 March 2007 and received by Council on 12 March 2007.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the north eastern side of Austral Street between Raglan Street and Napper Street in Malabar.  The site is currently occupied by an existing single storey dwelling with a carport structure to the front of the dwelling.  To the north western side of the allotment a number of sites adjoin the property with their rear yard areas facing the side of the subject site.

 

The surrounding area is residential in nature and contains a variety of single and two storey dwellings types which include older style and new contemporary dwellings.

 

4.    SITE HISTORY

 

The most recent application for this site was for an inground swimming pool and spa, which was approved on 4 August 2000, DA/679/2000.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

 

Helen and Harry Fotopoulos of No. 41 Austral Street, MALABAR NSW 2036

Issue

Comment

The 9.5m height and 39 degree roof pitch of the proposed 2nd and 3rd storey additions.  The pitch is not consistent with the development approved in the street.  Objector’s house is double storey and does not exceed 7.5m, as other dwellings in street.

The height and roof pitch of the proposal are considered to be acceptable. The “3rd storey” addition is an attic addition contained within the roof space of the dwelling.

It is acknowledged that the majority of the surrounding dwellings are single storey particularly to the southern end of the street.  However, there are a number of dwellings in the vicinity of the subject site that are two storey in form. It is considered that the additions made to the subject site are generally consistent in height, bulk and scale with the appearance and character of these two storey dwellings in the streetscape.

The proposed windows will overlook the objector’s living area and courtyard. The balcony and the rear of the 2nd storey addition are located in close proximity to the objector’s court yard and entertaining areas and will cause privacy issues. The objector’s property is two storey and windows do not face any neighbours on any side.

The amended plans show two windows on the southern elevation being frosted glass to reduce any potential for overlooking. The third window on the proposed southern elevation faces a blank wall and will not create any privacy impacts.

 

 

The balcony to the rear of the subject property has been reduced by amended plans and will be further reduced in depth by a recommended condition of consent to be a “Juliet” style balcony with appropriate screening. The amended plans and proposed conditions of consent will satisfactorily address potential privacy issues. 

Shadowing – sunlight will cease from 11am onwards.

Sunlight to north facing windows for 3 hours will be provided to the objector’s property. This is considered to be acceptable and satisfies the preferred solutions in the DCP for Dwelling Houses and Attached Dual Occupancies.

The proposal is against performance requirements and design solutions P1 and P4 for ‘Height, Form and Materials’ of the DCP.

It is considered that the first floor addition was generally consistent with the building height of those in the surrounding streetscape.  The building height complies with the preferred solution and the design of the building preserves privacy and access to natural light to adjoining dwellings also satisfying the preferred solutions in the DCP for Dwelling House and Attached Dual Occupancies.  Refer to Section 9 Environmental Assessment – Height, Form & Materials.

No objection to a two storey residence with standard roof size and no privacy impacts.

The proposal is considered to be acceptable, subject to conditions.  The design and height of the roof meets the preferred solution requirement for building height.   Amended plans were received indicating two of the windows (W19 & W17) to the southern side being of frosted glass.  The other window (W18) looks onto a blank wall and will have no privacy concerns. 

 

Mr George Ritchie and Mrs C Muniosguren of No. 18 Austral Street and No. 20 Austral Street, MALABAR 2036 respectively

Issue

Comment

Concern in regards to the use of the nature reserve opposite the development will be used as a car parking area for contractors, delivery trucks and lorries.

Construction vehicles are required to adhere to the Australian road rules.

 

 

Robert and Jane Stratton of No. 7 Raglan Street, MALABAR NSW 2036

Issue

Comment

Dispute that the subject property is 20m from the objectors dwelling. The northern corner of the subject property is only approx. 8m and therefore would affect privacy.

The amended plan shows the north facing windows being of frosted glass below 1.5m minimising direct over looking into private living spaces and windows of adjoining properties.

 

The balcony to the rear of the subject property has been reduced by amended plans and further reduced in depth by a recommended condition of consent to be a Juliet style balcony with appropriate screening. The amended plans and proposed conditions of consent will satisfactorily address potential privacy issues. 

Height of the proposed dwelling will in effect be 3 storeys high.

No objection to proposed 2nd storey however the height should be reduced to be in line with surrounding buildings.

The proposal is for a two storey dwelling with an attic addition. Although the height of the proposal is not consistent with the predominate single storey dwellings in the immediate streetscape particularly to the southern end of the street, the overall design of the development is considered to be generally consistent with other two storey dwellings in the street. The height of the dwelling meets the preferred solutions and the relevant objectives and performance requirements in the DCP for Dwelling Houses and Attached Dual Occupancies. Refer to Section 9 Environmental Assessment – Height, Form & Materials.

Proposed windows do not address privacy issues and affect the private open space and privacy for dwellings.

Windows should be placed at a height to allow for light and ventilation and reduce overlooking

Windows with the potential for overlooking have been obscured below a sill height of 1.5m. This will increase privacy to the building occupants and neighbours and allow for light and ventilation.

Proposed balcony will look directly into the living area and rear yard of the objector’s property despite screening.

Request removal of the balcony from the plans. The applicant’s already have an enclosed area off the existing living area on the ground floor therefore do not need the propped balcony.

The balcony to the rear of the subject property has been reduced by amended plans and further reduced in depth by a recommended condition of consent to be a Juliet style balcony with appropriate screening. Other new windows to the side and rear of the subject dwelling are also appropriately screened.

Neighbours already have an existing enclosed patio on the ground floor which overlooks their pool area.

 

Objector is currently completing alterations and additions to their property and had to make changes to their original proposal due to impacts on neighbours.

This matter is not relevant to the subject Development Application. 

Applicant’s property is 30mm closer to the boundary than required. Council should apply appropriate setback to the 1st floor and have fire windows installed where necessary.

The setback of the proposed first floor addition complies with the preferred solutions.

 

Compliance with the Building Code of Australia has been conditioned.

Future intention to construct a swimming pool in the rear yard of the objector’s property.

This matter is not relevant to the subject Development Application. 

 

 

Ray and Samantha Francis of No. 3 Raglan street, MALABAR NSW 2036

Issue

Comment

9.5m height and 39 degree roof pitch of the proposed 2nd and 3rd storey additions.

Steeply pitched roof which in effect adds 2 storeys to the existing building.

The height and roof pitch of the proposed development are considered to be acceptable. The “3rd storey” addition is an attic addition contained within the roof space.

Location of three (3) large windows directly overlooking the rear yard, deck and living area and main bedroom of the objector’s property.

The windows of the proposal are considered to be acceptable given obscuring and frosting which will prevent overlooking.

The view of the subject dwelling will occupy the outlook from the objectors living area and proposal will add to visual bulk.

The first floor deck has been reduced in depth and the north facing windows are of frosted glass to a height of 1.5m above the first floor level.

 

The first floor and roof attic addition is considered reasonable and satisfies the over objectives and performance requirements for dwelling Houses and Attached Dual Occupancies.  Refer to Section 9 Environmental Assessment - Floor Area and Height, Form & Materials for further assessment.

The external wall height at the rear of the building exceeds 7m.  Other buildings in the street do not exceed 7.5m.

The proposal complies with the preferred solutions for height and floor space ratio and is not considered to have any adverse impact on the streetscape.   Refer to Section 9 Environmental Assessment - Floor Area and Height, Form & Materials for further assessment.

Proposed 3rd level will be used as a games/rumpus room and not as storage area.  Would like to point out that the outbuilding to the rear is a large serviced building, which they understand is used as a storage room. No genuine need for the 3rd storey.

The plans submitted indicate the use of the 3rd storey (known as attic roof space) for use as a games/rumpus room.

 

The attic roof addition is not considered to have a significant impact on the surrounding development in terms of privacy, overshadowing and bulk and scale.  The attic addition is within the roof space of the dwelling and satisfies the objectives and performance requirements for FSR and Height, Form & Materials.

 

 

 

 

 

 

Lisa Middleton and Michael Daniel of No. 5 Raglan Street, MALABAR NSW 2036

Issue

Comment

Accuracy of plans and therefore shadow diagrams are questioned. No survey plan provided.

A survey plan has been submitted to Council with accurate AHD levels. 

The proposed design does not conform to the existing streetscape.

The proposed height and roof pitch does not meet the performance requirements of the DCP and external wall height is exceeded.

It is acknowledge that majority of the surrounding dwellings are single storey particularly to the southern end of the street.  However, there are a number of dwellings that immediately adjoin the subject site that are two storey in form or that have made new alterations and additions.  It is considered that the additions made to the subject site are generally consistent in height, bulk and scale with the appearance and character of these two storey buildings in the streetscape.

Views from proposed windows and balcony will increase privacy impacts. The frequency of use of the proposed balcony.

The proposed windows are considered to be acceptable, subject to obscuring. The proposed balcony has been reduced and has been screened however this has been further reduced by a recommended condition of consent to be a “Juliet” style balcony with adequate screening to prevent overlooking.

Noise impacts from proposed development.

The deck has been reduced in depth and it is not considered that the balcony will impose a significant noise concern.

 

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 Engineers

The application was referred to the Development Engineers for comment.  No objections were raised subject to conditions with any approval.  The following comments were made:

 

This report is based on the following plans and documentation:

  Plan No WD01 by Daskco Designs dated 14/12/2006;

  SEE undated and received by Council 2/1/2007.

 

Landscape Comments

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

 

Drainage Comments

The first floor plan shows proposed stormwater drainage lines being discharged to the street. The concrete footpath fronting the development site is significantly lower than the kerb level opposite, (i.e. the property is a low level property), and Council’s drainage records indicate that there is no underground stormwater drainage line fronting the development site. Stormwater discharge to the street, therefore, could only be achieved by the use of a charged system or pump out system. A range of drainage options for the roofwater has been included within this report. 

 

Alignment Level Comments

There are no works proposed on the street alignment and therefore no alignment level conditions have been included within this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site is less than 4000m² and therefore a master plan is not necessary.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

The site is zoned 2A 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 10 – No 2A (Residential A Zone)

 

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

 

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

Landscaping

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 proposal is for a first floor addition over the existing foot print of the ground floor level and therefore will not reduce the landscaped area on the site.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area (416.7m²) is that a maximum floor space ratio of 0.62:1 applies. 

The proposed FSR is 0.6:1. Complies.

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

There are a number of dwellings which have been developed within the street providing first floor additions similar in scale to the subject addition.  Whilst there are a number of single storey dwellings that are near to and surround the site, it is not considered the new first floor addition and roof attic to the dwelling will be out of character with the surrounding dwellings in the immediate streetscape.  The scale and bulk of the dwelling is generally in keeping with other dwellings in the street which have been approved for first floor additions and will meet the objectives and performance requirements of the DCP-Dwelling Houses.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed first floor addition including attic storage area has a maximum external wall height of 7 metres

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 1.5 metres from the south eastern 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.

The definition for external wall height in the DCP for Dwelling Houses and attached Dual Occupancies is the vertical distance from the topmost point on an external wall, other than a gable wall or the wall of a dormer window, to the ground floor level.

Therefore the gable end of the roof to the rear is not included in the height.  The proposed first floor addition including attic storage area will result in a maximum external wall height of 7 metres and will comply with the preferred solution requirements. The apparent scale of the upper level addition and its effective wall height is reduced as a result of its stepped form and the eaves overhang.

The first floor addition is generally in keeping with the scale and bulk of other first floor additions and two storey dwellings within the surrounding streetscape and is not considered to impact on the character and appearance of the existing dwelling.  The attic addition is located within the roof pitch of the dwelling and impacts in terms of privacy, natural light and views to adjoining properties have been appropriately minimised.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed first floor addition and roof attic is set back 7.4 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed first floor addition and roof attic is 21.5 metres from the rear boundary. Complies.

S3

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

The existing side setbacks will be not be altered. 

S3

Side setbacks be 1.5m at second floor level.

The proposed first floor addition and roof attic is set back 1.5 metres from the side boundaries. Complies.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

 

 

 

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.

To the northern side of the subject property adjoins a number of dwellings rear yard areas. The proposed north facing windows are of frosted glass to a height of 1.5 metres and will not impact on the habitable room windows of adjoining properties.  Complies.

There are three windows proposed to the south elevation.  Two of these windows are of frosted glass and the other study window faces a blank wall.  There will be not privacy loss to the adjoining dwelling on this side. Complies.

S1

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

Whilst the amended plans show the proposed first floor rear deck being reduced in size from the original submission, the size of the balcony may still overlook the rear yard of the adjoining dwellings to the northern side.

Therefore, it is recommended that the deck be further reduced in size to restrict its use.  The deck is to be a Juliet style balcony and a condition to this affect is imposed in the report.  This should reduce any potential privacy loss between the subject site and adjoining dwellings.

S1

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

Discussed above.  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.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The existing front door remains facing the street. Complies.

S1,3

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

The proposed existing and proposed first floor addition to the dwelling has windows that overlook the street and will improve the surveillance in the street. Complies.

S2

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

Not applicable.

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

 

The design of the front fence and landscaping to the front will continue to provide adequate safety and access to the dwelling and will meet the objectives and performance requirements of this section.

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.

Refer to comments below.

 

Appropriate conditions will be imposed to ensure that the timber picket fence and gate are at least 50% open. Complies.

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

 

The proposed front timber picket fence and gate has a height of 1.8 metres.  The site adjoins a corner allotment to the northern side and the fence is at a height of approximately 1.8metres.  When there are two street frontages a side fence of 1.8 metres is usually appropriate. To the southern side the fencing is approximately between 1.2metres to 1.5metres.  The proposed fencing is setback 1.4 metres from the front boundary and proposed planting is provided to the front of the fence that will soften the look of the fence at the front of the property.  Therefore the fence height is considered acceptable and will integrate positively to the streetscape.

 

 

 

 

 

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 additional overshadowing impact on the adjoining property to the south is considered reasonable given the east-west orientation of the site. The first floor addition is adequately setback from the eastern and western side boundaries and complies with the preferred solutions for height and side setbacks.

 

10. 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

Direction 4b:      New and existing development is managed by a robust framework

 

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The main issues in the assessment of the application relate to the size of the rear first floor deck, privacy loss to the private open space of adjoining properties rear yard and living spaces, overshadowing and bulk and scale of the development.  Amended plans were received from the applicant to address some of these potential issues. The size of the balcony was reduced and, where it was necessary, obscured glazing was provided to a height of 1.5m above the floor level for windows to minimise any potential privacy loss.

 

The amendments are considered reasonable and should improve the privacy levels of the adjoining dwellings.  Provided the conditions of consent are imposed the proposal should not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.  The bulk and scale of the development is considered reasonable and satisfies the relevant assessment criteria and objectives and performance of the DCP for Dwelling Houses and Attached Dual Occupancies.

 

RECOMMENDATION:

 

A.       THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/2/2007 & PROP019908 for Alterations and additions to the existing dwelling including new first floor with balcony at the rear and new front fence and gate. at 39 Austral Street, MALABAR subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the amended plan numbered WD01B, dated 6 March 2007 and received by Council on 12 March 2007, 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 proposed rear first floor deck shall be reduced in depth by 1.1 metres, to minimise any potential privacy loss to adjoining dwellings. The plans accompanying the construction certificate application shall be amended accordingly.

 

3.       The proposed timber picket fence and gate shall be at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

5.       There must be no encroachment of the proposed fence and gate structure/s including front landscaping onto any adjoining premises, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

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:

 

6.       The colours, materials and finishes of the external surfaces to the proposed building works and front fencing are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

7.       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.

 

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

 

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

 

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

 

10.     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.

 

11.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development, is to be provided to the development in accordance with Council’s Rainwater Tank Policy

 

The tank is to be located a minimum of 450mm from the side boundaries and is to have a maximum height of 2.4 metres.  The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate plans, to the satisfaction of the Certifying Authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

23.     Smoke alarms are required to be installed in each Class 1 building or 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:

 

24.     The demolition of buildings and the removal, storage, handling and disposal of building materials (including asbestos) 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.

 

25.     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.

 

26.     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.

 

27.     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.

         

28.     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.

 

29.     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.

 

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

 

Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

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

 

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

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

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

 

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

 

32.     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 provide adequate consideration for service authority assets:

 

33.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

 

35.     Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

36.     Stormwater runoff from the site shall be discharged either:

 

a.  Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

b.  To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

Prior to the use of infiltration in rear draining or low level lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or the water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

37.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

38.     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 required 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 Randwick City Council's Stormwater Code.

 

39.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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

 

40.     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.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CHAHRAZAD RAHE

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

27 April, 2007

FILE NO:

DA/1108/2006 & PROP051802

 

PROPOSAL:

 Construction of a 5 storey residential development comprising 36 apartments, basement carparking for 42 vehicles, at-grade parking for 8 visitor spaces, and strata subdivision.

PROPERTY:

 1-3 Gubbuteh Road, Little Bay

WARD:

 South Ward

APPLICANT:

 Stockland Development (PHH) P/L

OWNER:

 Stockland Development (PHH) P/L

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.      EXECUTIVE SUMMARY

 

The subject application is for the erection of a residential building over basement carparking comprising 36 dwellings, 50 carpark spaces, landscaping, strata subdivision being four storeys and a loft level in height.  The subject site is irregular in shape and comprises vacant land in the Prince Henry site located to the north-western corner of the Prince Henry site. It is bounded by three roads, Anzac Parade (which is the primary street frontage), Gubbuteh Road and, Walters Drive (a private road). The application is referred to the Health, Building and Planning Committee as the proposed development is valued at $12.5 million.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 and complies with all the controls contained in the LEP with the exception of the maximum FSR and building height control. The proposal has an FSR of 0.93:1 which exceeds the maximum FSR control of 0.9:1. The proposal also breaches the maximum building height control by 1.25m to the top of the lift overrun. Objections under State Environmental Planning Policy No.1 (SEPP No.1) have been submitted in relation to the breach of these controls. The non-compliances have been assessed and found acceptable as the breach in the height controls are minor and localised; the proposed building affected by the breach will not be visually intrusive or bulky; and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views. The application complies with all the relevant prescribed controls in the Prince Henry Development Control Plan with the exception of the FSR, and wall and building height.

 

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

 

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

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the Master Plan for the Prince Henry site which was adopted in December 2001. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). The proposal is consistent with the requirements of the Deemed DCP with the exception of the number of one-bedroom dwelling units which exceeds the Master Plan projection by 4 units. This increase is off-set by the fact that the proposal will only have 1 three-and-above bedroom dwelling compared with the projected 11 in the Master Plan. Furthermore, the proposed development will not create any adverse impact on the amenity or visual quality of the locality nor lead to any significant increase in traffic. A Section 94 contribution has been applied to account for the excess dwelling units.

 

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

 

2.      THE PROPOSAL

 

The proposal is for the erection of a residential building over basement carparking comprising 36 dwellings, 50 carpark spaces, landscaping, strata subdivision being four storeys and a loft level in height.

 

The proposed development will contain the following uses:

 

8 x 1         Bedroom

4 x 1         Bedroom + study

12 x 2       Bedroom

11 x 2       Bedroom + study

1 x 3         Bedroom

Total – 36 units

 

The buildings will have a common basement level containing the following uses:

 

·         resident and 1 visitor carparking spaces

·         bicycle storage area

·         storage space

·         Main switchboard room

·         Communications and services rooms

·         Grey water tank and plant room

·         Pump room

·         Garbage bin storage rooms

 

Access to the basement carpark will be via Gubbuteh Road.  Eight visitor carparking spaces will also be provided on Walters Drive (a private driveway within the subject site) yielding a total of 50 carspaces for the proposed development. 

 

A semi-enclosed central north-east facing landscaped courtyard is proposed to the rear of the proposed building.

 

On 1 August 2006, the applicant submitted amended building and landscape plans for the proposed developments containing internal changes to the apartment layout and minor changes to ground-level terraces and street trees. There were no changes to the envelope of the proposal as originally submitted. Accordingly, the changes were considered minor and not required to be readvertised/renotified.

 

3.      THE SUBJECT SITE AND SURROUNDING AREA

 

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

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the adopted Master Plan (now a Deemed DCP) for the Prince Henry site. The subject site is known as Lot 18 in DP 270427. The site is also referred to as Lot 3-4 in Council’s Prince Henry Site DCP (the DCP). The subject site is located on the southern side of Gubbuteh Road and eastern side of Anzac Parade and comprises vacant land with an area of 4041 sqm. 

 

The subject site is bounded by Gubbuteh Road, and Lot 24 beyond which is the subject of a separate development application (DA No. 1107/2006 for a similar 4-storey plus loft multi-unit residential building) to the north; Walters Drive and Lot 19 (approved for two-storey attached dwellings under DA No. 573/2006) on the opposite side to the east; the Northern Bushland Park containing Eastern Suburbs Banksia Scrub to the south; and Anzac Parade to the west.

 

4.      SITE HISTORY

 

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

 

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

 

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

 

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

 

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

 

A prelodgement meeting was held on 12 December 2006 (PL 55/2006) to discuss development concepts for the proposed development.

 

5.      COMMUNITY CONSULTATION

 

5.1    Advertising/Notification

 

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

 

6.      TECHNICAL OFFICERS COMMENTS

 

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

 

6.1    Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

 

“Background

The subject sites are located within the Prince Henry Hospital Heritage Conservation Area under Randwick Local Environmental Plan Amendment No.28.  The former hospital site and a number of the buildings are listed on the State Heritage Register, in recognition of its Aboriginal, natural, landscape and built heritage values. 

 

The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site. 

 

The Subject Site

The sites are in the north western corner of the development area, within Precinct P1 as identified in the Prince Henry Site Development Control Plan- Nos.2-4 (Lot 24) to the north of Gubbetah Road and Nos.1-3 (Lot 18) to the south.  Lot 24 is bounded to the north by the UNSW playing fields, to the east by residential lot 15, to the south by Gubbetah Road and to the west by Anzac Parade.  Lot 18 is bounded to the north by Gubbetah Road, to the east by residential lot 19, to the south by the Northern Bushland Park and to the west by Anzac Parade. 

 

Heritage element

Applies

Built elements in the vicinity

No

Landscape elements in the vicinity

Eastern suburbs banksia scrub

Aboriginal archaeological zone

Zone 2- High Sensitivity

Aboriginal identified site

No

Historical archaeological zone

No

Historical identified site

No

Little Bay Geological site

No

Remnant native vegetation in the vicinity

ESBS

 

The Proposal

The proposal is for the construction of two separate residential developments each comprising four levels, plus loft level over semi-basement carparking.  Vehicular entries are from Gubbetah Road, while pedestrian entries are from Anzac Parade. 

 

The proposal has been the subject of a formal pre-lodgement meeting at which submission and consent requirements were discussed.

 

Submission

The development application submission includes a Heritage Impact Statement prepared by Tanner Architects which refers to relevant conservation policies and to the policies for new development contained in the DCP for the site.  The submission notes that the proposal will provide a positive contribution to the Prince Henry site and will have no potential impact of the identified heritage values of the site, including the fairly distant Matron Dixon Nurses Home and Artisans’ Cottages.  In relation to landscape elements, the HIS notes that appropriate protective measures should be undertaken during the construction phase to ensure no impact on the neighbouring Northern Bushland Park.

 

Approvals

As Prince Henry is included on the State Heritage Register (SHR), any development generally needs to be the subject of an Integrated Development Application or a prior application under s60 of the NSW Heritage Act.  As the NSW Heritage Office is the consent authority for the application, Council cannot issue approval until the Heritage Office has provided conditions of consent. 

 

Site specific exemptions for the Prince Henry for new single residences and multi-unit residential buildings which comply with the Prince Henry site were gazetted in June 2005.  Under the Prince Henry Site Specific Exemptions, development which complies with identified sections of the Prince Henry DCP and the relevant heritage management plan does not need to be referred to the NSW Heritage Council for approval.  Exemptions apply to development outside the Historic Precinct, where the proposal complies with the Height and Setback requirements of the DCP, and where non-compliance with a number of identified sections of the DCP will not result in heritage impacts. 

 

DCP standard

Complies

Subject to

Site Specific Exemptions

Height

No

No

Setback

NA

 

It appears, due to non-compliance with the DCP height control, that the proposal will require Heritage Office consent. 

 

Comments

The proposal appears to be generally consistent with the siting and envelope requirements of the Prince Henry Site Development Control Plan, although non-compliances have been identified relating to maximum building height and maximum wall height and floor space ratio.  Despite the non-compliance of the buildings with the height controls, it is noted that the walls of the loft levels are set back from the walls of the lower levels and do not significantly add to the bulk of the buildings.  The footprint of the buildings assists in defining the edge of Anzac Parade, and the northern and southern corners of Gubbetah Road and retains views and vistas north across the University of NSW site.  The materials and finishes boards submitted for each of the buildings indicates consistent materials and finishes, tying together the Anzac Parade and Gubbetah Road elevations of Lot 18 and Lot 24.  The boards indicates that metal surfaces including cladding, fascias, grilles, louvres, screens, shutters and framing to windows and clear glass balustrades, are neutral in colour, to ensure compatibility with adjacent development in Gubbetah Road. The materials and finishes boards indicate a paint finish for concrete fascias and precast concrete panels, but do not provide details of the proposed paint colours. Details of paint colours should be sought from the applicant.

 

(Comment: a condition has been applied requiring details of the paint colours to be provided to Council for approval prior to issue of a construction certificate).

 

As the site has been remediated, it is unlikely that further items of Aboriginal or Historical significance remain.  The proposal will impact on the identified strip along Anzac Parade which requires further assessment, including archaeological supervision in accordance with the processes set out in the AMP.

 

Recommendations

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

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

 

6.2    Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An amended development application has been received for the construction of a residential flat building at the above site containing 36 units with basement carparking for 41 vehicles and 8 visitor spaces at ground level and accessed from Walters Drive, together with strata subdivision of the development.

 

Civil Works Comments

The applicant shall undertake (at a minimum) the following civil infrastructure works:

 

Construction of a heavy duty concrete vehicular crossing and layback at kerb opposite the proposed vehicular entrance to the site in Gubbuteh Road; and

 

Removal of any redundant concrete vehicular crossings and laybacks and reinstatement of the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

Construction of a suitable vehicular crossing in Walters Drive to facilitate access to the proposed visitor carspaces.

 

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

 

Traffic Comments

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.

 

The vehicular access, ground level carparking and the basement carpark (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

Parking provisions: the parking provision complies with Council’s DCP-Parking

 

Alignment Level Comments

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 footpath level in Gubbuteh Road, alignment levels for Walters Drive will not be issued given that Walters Drive is a private driveway that will not come under the future ownership of Council.

 

Service Authority Comments

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.

 

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.

 

Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant shall liaise directly with Energy Australia to determine whether a substation is required.

 

 

Drainage Comments

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

 

Waste Management Comments

To minimise the number of bins presented at the kerb for collection, Council would generally require a development of this size to provide garbage chutes and compactors to reduce the required number of residential garbage bins by half. The provision of garbage chutes and compactors may be difficult to accommodate in the subject development given there are several cores proposed.

 

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

 

Geotechnical Comments

Suitable geotechnical investigation shall be undertaken to determine whether the subject development site will be affected by continual seepage flows. Should it be determined that significant continual seepage flows are present on the site, the basement carpark shall be suitable tanked and waterproofed with provision made for the seepage water to flow around/under the basement.

 

Landscape Comments

There are no trees, covered by Council’s tree Preservation Order, located within the development site that will be affected by the proposed development. Standard landscape conditions, (as modified to cover the subject area of the Prince Henry site), have been included within this report.

 

Bushland Comments

Given that an area of protected bushland is located immediately to the south of the subject development site a 7 part test has been undertaken in accordance with Section 5A of the Environmental Planning and Assessment Act 1979. The 7 part test concludes that the site is not likely to impose a significant effect on the ESBS adjacent to the site and that consequently a Species Impact Statement is not required to be prepared.

 

Should the application be approved the following conditions shall apply:”

 

6.3    Building Services Comments

 

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

 

BCA Building Classification

 

Class -      2      (Residential Units)

Class -      7a    (Carpark)

 

Background

 

 Prince Henry Hospital site.

 

Key Issues

 

Site Management:

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

 

Building Code of Australia (BCA):

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

 

Access for people with a disability:

It is proposed to provide 3 adaptable units.

 

Conclusion:

 

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

RECOMMENDATION:

 

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

 

6.4      Environmental Health Comments

 

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

 

“Key Issues

 

Land contamination: SAS has been issued for this site by RES, Rod Harwood dated, 11/05/05. Unexpected finds protocol exists for this site. Appropriate conditions are to be imposed on any consent to address this issue.

 

Acoustics: An acoustic report has been submitted with the proposal. The noise from the surrounding environment and the proposed development has been addressed. Appropriate conditions should be included in any proposal.

 

Grey water treatment and reuse: The proposal includes the treatment and reuse of grey water. Appropriate conditions are to be imposed to address this matter.

 

Recommendation

 

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

 

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

 

6.5    Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter dated 26 March 2007 with its accompanying general terms of approval. The general terms of approval have been included as conditions of consent.

 

6.6    NSW Police (Eastern Beaches Local Area Command)

 

The proposal was referred to the NSW Police (Eastern Beaches Local Area Command) for comment in relation to safety and security. The NSW Police comments were received on 19 April 2007 and has been considered in this DA assessment as described in Section 10.4.2.1 below.

 

7.      MASTER PLANNING REQUIREMENTS

 

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

 

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

 

8.      RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1    Randwick Local Environmental Plan 1998

 

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

 

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

 

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

Clause 40        Excavation and filling of land

Clause 40A     Master plans

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

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

4 storeys with loft

 

4 storeys with loft

Yes

Maximum FSR

 

Maximum 0.9:1

0.93:1

No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 14m

 

14.5m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 16.65m (includes additional height of 1.65m allowable for lofts)

 

17.9m to top of lift-core.

No (SEPP No1 Objection submitted)

 

Minimum Landscaped Area (% site area)

Minimum 40%

48%

Yes

 

8.2    Relevant State Environmental Planning Policies

 

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

 

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

·      State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

 

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

 

9.      POLICY CONTROLS

 

9.1    Prince Henry Development Control Plan

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

4 storeys with loft

 

4 storeys with loft

Yes

Maximum FSR

 

Maximum 0.9:1

0.93:1

No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 14m

 

14.5m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 16.65m (includes additional height of 1.65m allowable for lofts)

 

17.9m to top of lift-core.

No (SEPP No1 Objection submitted)

Minimum Landscaped Area (% site area)

Minimum 40%

48%

Yes

 

 

 

Minimum Soft Landscaped Area (% site area)

Minimum 20%

33%

Yes

Setbacks

Front Setback to Anzac Parade – 7m (comprising 3m landscape and 4m general building)

 

Front Setback to Gubbuteh Road – 6m

 

Side setback from southern boundary – 2m

 

 

Front Setback to Anzac Parade –  7m (comprising 3m landscape and 4m general building)

 

Front Setback to Gubbuteh Road – 6m

 

Side setback from southern boundary – 8m

 

Yes

 

 

 

 

 

Yes

 

 

 

Yes

Articulation zone

Min. 30% and max 60% of building articulation area to be used for building articulation.

Building articulation area is within the required minimum and maximum range.  

Yes

 

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

 

9.2    Development Control Plan - Carparking

 

The DCP – Parking requires carparking to be provided for the proposal as follows:

 

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

Residential

1 space per one bedroom dwelling

12 x one bedroom dwellings

12 spaces

 

 

41 residential carspaces

 

1.2 spaces per two bedroom dwelling

23 x two bedroom dwellings

27.6 spaces

 

1.5 spaces per three bedroom dwellings

1 x three bedroom dwellings proposed

1.5 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 36

 9 spaces

9 spaces

TOTAL

 

 

50 spaces

50 spaces

 

9.3    Section 94 Contributions Plan

 

Section 94 contributions are not payable for developments that meet the Deemed DCP standards as the open space and community facility provisions in the Deemed DCP were designed to meet the requirements of the projected number of residents established in the Deemed DCP. Whilst the proposal exceeds the projected number of dwellings established in the Master Plan/Deemed DCP by 1 unit, there has been no commensurate increase in the Section 94 contribution chargeable to the project because the dwelling mix in the proposed development has off-set the potential increase in section 94 contributions (that is, the proposal has increased the proportion of one-bedroom units with a commensurate decrease in two and three-bedroom dwellings with the effect that the Section 94 contribution chargeable will be lower for the one-bedroom dwellings than the two and three bedroom dwellings).