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

 

19 June 2007

 

ORDINARY COUNCIL MEETING

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 26TH JUNE 2007 AT 6:00 PM

 

 

1           Prayer & acknowledgement of local indigenous people

 

Prayer

“Almighty God,

We humbly beseech you to bestow your blessings upon this Council and to direct and prosper our deliberations to the advancement of your glory and the true welfare of the people of the City of Randwick and Australia.

Amen”

 

Acknowledgement of local indigenous people

“I would like to acknowledge that we are here today on the land of the Bidjigal people of the Dharwahal Nation. The Bidjigal people are the traditional owners and custodians of this land and form part of the wider Aboriginal nations of the Sydney area. On behalf of Randwick City Council I would also like to acknowledge and pay my respects to the Elders both past and present.”

 

2           Apologies/Granting of leave of absences

 

3           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 22ND MAY 2007.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

6.1                      

MAYOR'S MINUTE 42/2007  INVITATION TO ATTEND 2007 CLIMATE CHANGE SUMMIT

2

6.2                      

MAYOR'S MINUTE 43/2007 - BASTILLE DAY 2007 REQUEST FOR SPONSORSHIP

4

6.3                      

MAYOR'S MINUTE 44/2007 - COOGEE SURF LIFE SAVING CLUB CENTENARY DINNER.

6

6.4                      

MAYOR'S MINUTE 45/2007 - RANDWICK GIRLS & BOYS HIGH SCHOOLS - 2007 ROCK EISTEDDFOD - REQUEST FOR FINANCIAL ASSISTANCE.

7

6.5                      

MAYOR'S MINUTE 46/2007 - UPDATE ON RANDWICK'S HOME ENERGY MAKEOVER.

8

6.6                      

MAYOR'S MINUTE 47/2007 - THE USE OF BARRETT HOUSE AS A DEMONSTRATION SUSTAINABILITY HOUSE FOR RANDWICK

RESIDENTS AND RESIDENTS OF NEIGHBOURING COUNCIL AREAS.

10

 

6.7                      

MAYOR'S MINUTE 48/2007 - AUSTAG LOCAL SCHOOLS GALA DAY IN CELEBRATION OF NAIDOC WEEK.

12

 

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

 

7           Urgent Business

 

8           Director City Planning Reports

 

8.1                      

DIRECTOR, CITY PLANNING REPORT 33/2007 - 1160 - 1198R ANZAC PARADE, MALABAR (PIONEER PARK).

14

8.2                      

DIRECTOR, CITY PLANNING REPORT 34/2007 - 2-4 GUBBUTEH ROAD, LITTLE BAY

61

8.3                      

DIRECTOR, CITY PLANNING REPORT 35/2007 - 29 BYRNE CRESCENT, MAROUBRA.

83

8.4                      

DIRECTOR, CITY PLANNING REPORT 36/2007 - 62 GALE ROAD, MAROUBRA.

108

8.5                      

DIRECTOR, CITY PLANNING REPORT 37/2007 - 1 MONMOUTH STREET, RANDWICK.

117

8.6                      

DIRECTOR, CITY PLANNING REPORT 38/2007 - DRAFT ADMINISTRATIVE LEP 2007 - PUBLIC EXHIBITION 2007.

124

8.7                      

DIRECTOR, CITY PLANNING REPORT 39/2007 - VACATION CARE PROVISION.

143

8.8                      

DIRECTOR, CITY PLANNING REPORT 40/2007 - AFFIXING OF THE COUNCIL SEAL.

147

8.9                      

DIRECTOR, CITY PLANNING REPORT 41/2007 - STA BUS PAINTING PROJECT.

149

8.10                      

DIRECTOR, CITY PLANNING REPORT 42/2007 - DRAFT A SAFER RANDWICK CITY, COUNCIL'S COMMUNITY SAFETY AND CRIME PREVENTION PLAN 2008-2011 AND COMMUNITY SAFETY COMMITEE UPDATE.

151

 

9           General Manager's Reports

 

9.1                      

GENERAL MANAGER'S REPORT 13/2007 - AFFIXING OF THE COUNCIL SEAL.

159

9.2                      

GENERAL MANAGER'S REPORT 14/2007 - DRAFT MANAGEMENT PLAN 2007-11 AND BUDGET 2007-08.

161

9.3

GENERAL MANAGER'S REPORT 17/2007 - SES ASSISTANCE WITH RECENT STORM DAMAGE. 

169

 

10         Director City Services' Reports

 

10.1                      

DIRECTOR, CITY SERVICES' REPORT 32/2007 - RECENT FLOODING IN RANDWICK AND THE STATE GOVERNMENT STORMWATER LEVY

171

10.2                      

DIRECTOR, CITY SERVICES' REPORT 33/2007 - FIBRO FRAGMENTS (ASBESTOS ISSUE).

175

10.3                      

DIRECTOR, CITY SERVICES' REPORT 34/2007 - COMMEMORATIVE PLAQUES POLICY.

177

 

11         Director Governance & Financial Services' Reports

 

11.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 34/2007 -   BURNIE PARK COMMUNITY CENTRE HOURS OF OPERATION.

 

180

11.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 35/2007 -    IN HOUSE MANAGEMENT OF TOTEM HALL & ADOPTION OF FEES & CHARGES FOR HIRE OF TOTEM HALL.

182

11.3                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 36/2007 -    COUNCILLORS' ONLINE TRAINING PROGRAM.

185

11.4                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 37/2007 -    2007/2008 LAND VALUES

187

11.5                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 38/2007 -    RESERVE TRUST MANAGEMENT OF YARRA RECREATION RESERVE (R23068).

190

 

12         Petitions

 

13         Motions Pursuant to Notice

 

13.1                      

MOTION BY COUNCILLOR ANDREWS – TOWN CENTRES – MAINTENANCE. 

200

13.2

MOTION BY COUNCILLOR ANDREWS – MALABAR HEADLAND.

200

13.3

MOTION BY COUNCILLOR ANDREWS – MALABAR HEADLAND REZONING. 

200

13.4

MOTION BY COUNCILLOR BELLELI – HEFFRON PARK PLAYGROUND.

201

13.5

MOTION BY COUNCILLOR BELLELI – COASTAL WALKWAY.

201

13.6

MOTION BY COUNCILLOR MATSON – “ADOPT A WHALE”.

201

 

14         Confidential Items (Closed Session)

 

14.1                      

CONFIDENTIAL DIRECTOR, CITY PLANNING REPORT 43/2007 - 73 MALABAR ROAD, COOGEE

202

14.2                      

CONFIDENTIAL GENERAL MANAGER’S REPORT 15/2007 - DRAFT MANAGEMENT PLAN 2007-11 AND BUDGET 2007-08 – CONFIDENTIAL FEES AND CHARGES.

208

14.3

CONFIDENTIAL GENERAL MANAGER’S REPORT 16/2007 - MAROUBRA GARDEN VILLAGE.

210

14.4                      

CONFIDENTIAL DIRECTOR CITY SERVICES REPORT 35/2007 - TENDER EVALUATION REPORT FOR SUPPLY OF ONE (1) BACKHOE LOADER.

213

 

15         Notices of Rescission Motions

 

 

…………………………………..

GENERAL MANAGER


 

MAYOR'S MINUTE 42/2007

 

 

 

 

SUBJECT:

INVITATION TO ATTEND 2007 CLIMATE CHANGE SUMMIT

 

 

DATE:

6 June, 2007

FILE NO:

F2005/00646

 

 

REPORT BY:            MAYOR  

 

INTRODUCTION:

 

An invitation has been received inviting all interested Councillors to attend this year’s Climate Change Summit to be held at Darling Harbour, Sydney from Wednesday 25th to Thursday 26th July, 2007.

 

ISSUES:

 

Issues being covered at this year’s conference include “Strategic Directions for Action on Climate Change” and “Creating a Climate Consciousness.” As detailed in Randwick City Council’s City Plan, it is important to work with our community and local businesses to reduce air pollution and greenhouse gas emissions. This summit will provide some of the tools to facilitate this process.

 

Relevant information on the conference has been circulated to all Councillors. Any interested councillors are requested to contact the General Manager as soon as possible for registration purposes.

 

 

FINANCIAL IMPACT STATEMENT:

 

Councillors’ attendance at conferences has been allowed for in the 2007/08 budget.

 

CONCLUSION:

 

Councillors are encouraged to attend this year’s Climate Change Summit to develop strong partnerships with like organisations and to consider the extensive range of climate change initiatives being discussed.

 

 

RECOMMENDATION:

 

That:

 

(a)      interested Councillors be invited to attend the 2007 Climate Change Summit to be held at Darling Harbour, Sydney from Wednesday 25th to Thursday 26th July, 2007; and

 

(b)      interested Councillors advise the General Manager as soon as possible for registration purposes.

 

 

ATTACHMENTS:

 

Nil

 

 

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 43/2007

 

 

SUBJECT:

Bastille Day 2007 Request for Sponsorship

 

 

DATE:

13 June, 2007

FILE NO:

F2007/00128

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

Randwick City Council has been approached to support the 2007 Bastille Day Celebration at La Perouse by the Consul General of France Mr Lionel Majeste-Larrouy.

 

La Perouse is both an important historical and cultural area within the City of Randwick with significant ties to France through the La Perouse monument and the La Perouse Museum.

 

ISSUES:

 

In previous years Randwick Council in conjunction with the Friends of La Perouse, the National Parks and Wildlife Service and the French Consular Generals’ office have staged a large event at La Perouse. This year the Consul General has once again asked for Council to partner this event.

 

FINANCIAL IMPACT STATEMENT:

 

The request is for sponsorship towards the 2007 Bastille Day event with a cash donation that may pay for the use of the large outdoor marquee.  This amount has been allocated Community Events Budget.

 

The French consul Generals Office has offered to include Randwick Councils logo on all promotional material to be listed as a sponsor.  They have also requested the Councillors list be provided so that Randwick Councillors be invited and included in 2007 Bastille Day celebrations.

 

RECOMMENDATION:

 

That Council:

 

(a)      provide a sponsorship amount of $5,000 toward the 2007 Bastille Day Event to be held at La Perouse and be included as a sponsor on all promotional material; and

 

(b)      provide to the Consul General’s office the current list of Randwick City Councillors.

 

 

 

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

 

PAUL TRACEY

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 44/2007

 

 

 

SUBJECT:

COOGEE SURF LIFE SAVING CLUB CENTENARY DINNER

 

 

DATE:

13 June, 2007

FILE NO:

F2007/00001

 

 

REPORT BY:            MAYOR  

 

INTRODUCTION:

 

An invitation has been received from the Coogee Surf Life Saving Club to attend their Centenary Dinner on Saturday 21st July, 2007.

 

ISSUES:

 

Coogee Surf Life Saving Club was established in 1907 and is one of the oldest surf life saving clubs in Australia. Its contribution to the community in terms of community development, particularly with the youth in the area, and the number of lives saved is immeasurable.

 

FINANCIAL IMPACT STATEMENT:

 

The cost of a table will be funded from the 2007/2008 Council Contingency Fund.

 

CONCLUSION:

 

This is a major milestone for one of Australia’s premier surf clubs and is well worth Council’s support and acknowledgement.

 

RECOMMENDATION:

 

That:-

 

(a)      Council purchase tickets for a table to both acknowledge and support the Coogee Surf Life Saving Club on reaching its centenary year, such funds to come from the 2007/2008 Council Contingency Fund; and

 

(b)      interested Councillors contact the General Manager’s Office by Monday 2nd July to confirm their attendance.

 

ATTACHMENTS:

 

Nil

 

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 


      

MAYOR'S MINUTE 45/2007

 

 

 

SUBJECT:

RANDWICK GIRLS & BOYS HIGH SCHOOLS - 2007 ROCK EISTEDDFOD - REQUEST FOR FINANCIAL ASSISTANCE

 

DATE:

13 June, 2007

FILE NO:

F2004/07396

 

 

REPORT BY:            MAYOR   

 

INTRODUCTION:

 

I have received a request for financial assistance from Ms Kylie Fagan, Sponsorship Liaison, Randwick Rock Eisteddfod Team (Randwick Girls and Boys High Schools).

 

Rock Eisteddfod is an international event which promotes a “drug-free” environment for secondary school students.  In Australia it is an annual competition and over 300 schools participate. Approximately one hundred and twenty students are involved in the performance and each one signs a pledge not to smoke, drink or use drugs during the production year.

 

ISSUES:

 

Randwick Girls and Boys High Schools have been involved in the National Rock Eisteddfod Challenge for the past 17 years and have achieved great success.  Since 1997 the schools have won a place in the National Competition which is televised nationally and the schools have won the overall competition for the last three years.

 

FINANCIAL IMPACT STATEMENT:

 

Support for this event has been allowed for in the 2007/08 Council Contingency Fund.

 

CONCLUSION:

 

Council has provided financial support for this event for a number of years. Council contributed $5,000.00 towards this event last financial year and it is considered that this is an important community event and worthy of continued sponsorship by Council.

 

RECOMMENDATION:

 

That Council donate $5,000.00 to the Randwick Girls and Boys High School Rock Eisteddfod Team for their 2007 production, such funds to come from the Council Contingency Fund.

 

ATTACHMENTS:

Nil.

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 


 

MAYOR'S MINUTE 46/2007

 

 

 

SUBJECT:

Update on Randwick's Home Energy Makeover

 

 

DATE:

10 June, 2007

FILE NO:

F2004/08350  

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

Randwick’s Home Energy Makeover commenced late in September 2006 with a launch at Royal Randwick Shopping Centre with the former Mayor, Cr Ted Seng, Randwick’s Energy Ambassador, Brad Fittler, and Jon Dee, Founder of Planet Ark.

 

The Home Energy Makeover is being funded as part of the Demand Energy Management Program administered by Department of Planning, Energy Australia and Transgrid.

 

ISSUES:

 

As reported earlier to Council, Randwick’s Home Energy Makeover comprises 3 major components, each leading to and supporting the next step. These steps are made up by: a Home Energy Pledge; a Home Energy Audit; and the Home Energy Rebate.

 

As at June 2007, around 600 Randwick residents have taken the Home Energy Pledge and approximately 300 have received a free Home Energy Audit. The first householder to receive the Home Energy Rebate was also recently announced.

 

Residents taking the Home Energy Pledge agree to take 3 out of 5 straightforward energy saving actions over a 12 month period. In taking the pledge, householders become eligible to receive a free 45 minute Home Energy Audit after which an Energy Action Plan is sent to the householder detailing other measures that can be taken to reduce energy, save money on their bill and reduce household greenhouse gas emissions.

 

Householders can also take advantage of the Home Energy Rebate, receiving a financial incentive to implement energy saving measures such as the installation of solar hotwater systems, insulating ceilings or walls, and replacing household appliances with 4 or 5 star rated whitegoods.  The rebate provides a 30 percent saving on purchase price of these and similar measures. In keeping with Council’s ‘Shop Local’ initiative, a number of local retailers have agreed to provide an additional 10 percent saving on certain goods as part of the Home Energy Makeover e.g. Mitre 10 Randwick and Matraville for the insulation, Retravision Kingsford on the energy rated appliances and Solahart on the solar hotwater systems.

 

The Home Energy Makeover has been promoted through a series of ongoing publicity opportunities including advertisements in the Southern Courier, bus shelters, street banners and rate notices, a letter box drop and a separate stall at the Eco Living Fair held in June. A number of local schools are also about to become involved with the Home Energy Pledge in the coming month. It is intended to continue the Home Energy Makeover until around the end of 2007.

 

Randwick’s energy conservation initiative is one of the largest energy saving efforts implemented by a local Council for residents within Australia. The ABC Four Corners program is likely to include some footage of the energy auditors in a Randwick home in a forthcoming story relating to energy efficiency.

 

 

FINANCIAL IMPACT STATEMENT:

 

The Home Energy Makeover is funded via an external grant to Council.

 

CONCLUSION:

 

Randwick’s Home Energy Makeover is a major energy conservation campaign targeting and assisting residents to implement tangible and practical energy saving measures in the home. While it has been made possible through an external grant, it supports major priorities of Council’s Sustaining our City initiative and 20-year City Plan.

 

Further opportunities to publicise and promote this initiative will be sought to ensure the campaign reaches its goals and objectives.

 

RECOMMENDATION:

 

That:

 

(a)      Council note the current progress of Randwick’s Home Energy Makeover: and

 

(b)               Councillors consider taking the Home Energy Pledge if they haven’t already completed it.

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 

 

 

 

 


 

MAYOR'S MINUTE 47/2007

 

 

 

SUBJECT:

THE USE OF BARRETT HOUSE AS A DEMONSTRATION SUSTAINABILITY HOUSE FOR RANDWICK RESIDENTS AND RESIDENTS OF NEIGHBOURING COUNCIL AREAS

 

 

DATE:

3 June, 2007

FILE NO:

F2005/08350

 

 

REPORT BY:            MAYOR   

 

INTRODUCTION:

 

I believe we have a very good opportunity to create a demonstration Sustainability House within Randwick as a showcase and learning site for our residents and perhaps residents from outside Randwick.

 

ISSUES:

 

In a very generous gesture to Council and its residents, former Randwick resident, Ms Harrie Sylvia Marrett, bequeathed  her cottage at 6 Barrett Place to Council. The condition of this offer was that Council ensure part of the cottage be maintained as a museum dedicated to the late Franklyn Barrett and the Australian Film Industry. In conjunction with this, to store appropriate memorabilia within the cottage and open the house and it’s memorabilia to the public on a minimum of 2 occasions each year.

 

Council has since conducted a rather exhaustive expression of interest process to lease part of the property and fulfil the conditions of the estate. Unfortunately there has been no-one meeting the necessary criteria. However, my proposal to allow the house to be transformed into a showcase demonstration sustainability house also enables Council to fulfil the intent of the late Harrie Sylvia Marrett.

 

The exhibition of photographic images and history can remain for public display and information on the walls of the house for visitors to see and appreciate at the same time as providing a venue for the demonstration of energy and water saving measures for the education and benefit of Randwick residents.

 

There is the opportunity to turn Barrett House into a showcase sustainability house demonstrating the benefits of solar hotwater, solar panels, greywater and rainwater systems as well as providing a site for residents to collect relevant information or obtain appropriate advice on these and other energy and water saving measures or other sustainability information.

 

The demonstration sustainability house would remain open to the public at nominated times and be attended by Council staff in conjunction with appropriately trained community volunteers. While some seed funding will be necessary to commence the project, further funding should be sought from appropriate State and Commonwealth funding programs or by considering appropriate and suitable partners willing to sponsor certain sustainability elements of the house.

 

This project could fit well with the recently approved 3-Council Ecological Footprint project involving Randwick, Waverley and Woollahra Councils.

 

FINANCIAL IMPACT STATEMENT:

 

Randwick’s demonstration Sustainability House will be undertaken through external funding including the 3-Council Ecological Footprint project, potential sponsorship and via Council’s Sustaining our City initiative.

 

CONCLUSION:

 

The transformation of Barrett House to a demonstration house provides a very positive opportunity for Council to establish a display of energy and water saving measures in a small house in Randwick for community education purposes.. The approach also supports the purposes for which Barrett House was bequeathed to Council enabling it to open more regularly for the appreciation and understanding of visitors of its place in the history of cinematic development in Australia

 

RECOMMENDATION:

 

That:

 

(a)         Council approve the use of Barrett House as a demonstration Sustainability House for Randwick residents and other visitors to Randwick;

(b)         an agreement be drawn up for the use of Barrett House as a demonstration Sustainability House identifying the terms and conditions for such a use;

(c)         the agreement include all formal requirements as set out in the offer to Council by the late Harrie Sylvia Marrett;

(d)         the transition of Barrett House to a demonstration sustainability house be carried out as part of Council’s Sustaining our City initiative; and

(e)         regular reports be provided to Council on the progress of creating and operating Barrett House as a demonstration sustainability house.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 


 

MAYOR'S MINUTE 48/2007

 

 

 

SUBJECT:

Austag Local Schools Gala Day in celebration of NAIDOC Week

 

 

DATE:

14 June, 2007

FILE NO:

F2004/06278

 

 

REPORT BY:            MAYOR    

 

INTRODUCTION:

 

The Aboriginal Education Consultative Group (AECG) have organised an Austag Gala Day to support schools to participate and implement NAIDOC celebrations.  The activity is to encourage schools to promote and run NAIDOC activities and engage with Indigenous communities.

 

ISSUES:

 

Matraville High School will be hosting the event with approximately 25 students trained as Austag referees.  An additional 20 students will be trained in implementing Traditional Indigenous Games (TIG) to promote interest in the games and to showcase activities so that students and teachers can take back to their school.  Eleven schools from the Department of Education Bondi District area will be participating in the event, with each school sending 40 students.  Parents and family members will also be invited to attend the day.

 

FINANCIAL IMPACT STATEMENT:

 

The AECG had organised a local service provider to assist with consumables for the day however due to a number of reasons the service is now unable to commit funding for the project.  With over 400 students, teachers and family members participating in the day, it is essential to provide food and drink for participants.  The AECG has approached Council to fund the consumables cost of $1000.

 

Due to the timeliness of the request, an interim agreement was sought from the General Manager and Mayor, delegated authority 1.02.02.

 

CONCLUSION:

 

The Austag Gala Day is a positive activity developed by the AECG in response to the lack of understanding and involvement in NAIDOC celebrations by local schools.  Through support of the project Council is showing support for collaborative events that support the cultural diversity of our community.

 

RECOMMENDATION:

 

That Council support this localised initiative to increase engagement with the Aboriginal community.

 

 

 

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

PAUL TRACEY

 

MAYOR

 

 

 

 

 

 

 


 

Director, City Planning Report 33/2007

 

 

SUBJECT:

1160 - 1198R ANZAC PARADE, MALABAR

(PIONEER PARK)

 

 

DATE:

12 June, 2007

FILE NO:

DA/90/2007 & PROP025397

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

INTRODUCTION:

 

Attached is Development Assessment Report for remediation, landscaping, construction of cycle paths and playing fields with lighting, construction of three carpark areas providing parking for a total of 159 cars and construction of single storey amenities building north of the Anzac Parade carpark.at 1160 - 1198R Anzac Parade, Malabar (Pioneer Park)

 

 

RECOMMENDATION:

 

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

 

 

ATTACHMENT/S:

 

Development Application Report Dated 28 May 2007.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART MACDONALD  

DIRECTOR, CITY PLANNING

SJB TOWN PLANNERS


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

28 May, 2007

FILE NO:

DA/90/2007 & PROP025397

 

PROPOSAL:

 Remediation, landscaping, construction of cycle paths and playing fields with lighting, construction of three carpark areas providing parking for a total of 159 cars and construction of single storey amenities building north of the Anzac Parade carpark.

PROPERTY:

 1160 - 1198R Anzac Parade, Malabar

WARD:

 South Ward

APPLICANT:

 Randwick City Council

OWNER:

Randwick City Council

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application involves works to a Council park and the assessment of the application was referred to an independent planning consultant.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act and was submitted as integrated development as it involved the use of groundwater for irrigation of the park. The subject application was submitted on the 7 February 2007 and subsequently notified for a 30 day period.  The applicant has recently advised that the proposal to use the groundwater is withdrawn and as such no longer forms part of this application. As such the proposal is no longer integrated development.

 

The development application proposes remediation works, landscaping, construction of pedestrian and cycle paths, two sporting fields with lighting, construction of 3 carparking areas providing parking for a total of 159 cars, construction of single storey amenities building and use of ground water for irrigation of the Park. Key issues considered in the assessment are the effects on adjoining properties in terms of light spill, acoustic and visual privacy, traffic and parking impacts, loss of ‘open space’ and off-leash dog exercise space and impact upon the existing character and future character of the park.

 

Development for the purpose of works involved with landscaping and gardening on land zoned 6A Open Space is development that is permissible without development consent. The use of the park for "recreation" does not require development consent, and provided construction is carried out in accordance with the relevant provisions of the Exempt and Complying Development Control Plan, the construction of the sporting fields (and any goal posts), one storey amenities block, and playground are exempt development and may be carried out without the need for development consent under Part 4 of the Environmental Planning and Assessment Act 1979.

 

Remediation for the purpose of works in Schedule 2 of State Environmental Planning Policy No. 55 – Remediation of Land is work that can be carried out without Council consent. It is considered the type of remediation works proposed is Schedule 2 remediation and therefore does not require Council consent. Notwithstanding, suitable conditions are included in the recommendation to ensure that the site is remediated to the appropriate standards.

 

The proposal complies with the aims, objectives and relevant development standards of the Randwick LEP 1998 and the relevant controls and guidelines within the applicable Development Control Plans, Council policies and District Parks Plan of Management.

 

The proposal is also considered to comply with the other applicable Environmental Planning Instruments as detailed in this report.

 

The proposal responds to the site constraints and it is considered the proposal will not result in significant adverse impacts upon the amenity of adjoining residential dwellings.

 

For the reasons outlined in this report it is considered that the proposal, on balance, is satisfactory from an environmental planning perspective. The recommendation is for approval, subject to conditions.

 

 

 

 

2.    THE PROPOSAL

 

The development application proposes the remediation, landscaping, construction of cycle paths & playing fields with lighting, construction of 3 carpark areas providing parking for a total of 159 cars and construction of single storey amenities building north of Anzac Parade carpark.

 

The proposal primarily includes the following:

 

Remediation Works

 

·    Remediation of site including site reprofiling and surface water drainage, capping and containment of waste and post construction monitoring;

 

Carparking

 

·    Construction of 3 formal car parking facilities. The site currently has 50 informal carparking spaces on Franklin Street which are used in conjunction with Pioneers Park. The 3 new carparks will result in 159 formal parking spaces having 58 spaces adjacent to Anzac Parade, 14 spaces adjacent to Cromwell Place and 87 spaces adjacent to Franklin Street. All three carparks will have an asphalt concrete surface and include kerb and guttering.

·    Entrance and exit to the Anzac Parade carpark is via a oneway entry/exit lane and the carpark is located within the Pioneers Park property boundary. Two spaces in this carpark are proposed to be disabled spaces.

·    The Cromwell Place carpark is located within the road reserve and is 45o angle parking;

·    The Franklin Street carpark is also within the road reserve and is 90o angle parking;

 

Landscaping

 

A detailed landscape plan has been prepared which outlines the following proposed landscaping elements:

 

·    A 3m wide concrete dual cycle and pedestrian pathway running adjacent to Anzac Parade and which connects to the existing pedestrian/cycleway along Manwaring Avenue;

·    2.5m wide asphalt concrete footpaths that circle the upper and lower tiers of the park and the proposed playing fields. The footpaths also connect to the existing footpaths along Anzac Parade, Cromwell Place and Franklin Street;

·    Selected grass planting for the playing fields and open space recreational areas;

·    Various areas for new native shrub beds and native grass plantings with isolated areas of grading and mounding with plantings over the mounds;

·    An informal open space and dog exercise area is proposed near the northern western end of the park.

 

Playing Fields and Lighting

 

·    Construction of two new sporting fields on the upper tier (north western end) of the park, each 124m x 80m (including over run) and orientated in a north west to south eastern direction similar in orientation to three existing sporting fields on the lower tier;

·    New sporting fields to have pop-up sprinklers with irrigation to be sourced from proposed new well;

·    Six (6) light poles to be installed to light the new playing fields. The two central poles have two sets of 100 Lux lights each and the four remaining poles have one 100 Lux light each;

·    Upgrading of existing sporting fields including surface 'reprofiling', levelling and construction of drainage lines.

 

Amenities Building

 

·    7m by 20m single storey, amenities building is proposed to be constructed north of the Anzac Parade carpark at the north western corner of the new sporting fields;

 

·    The amenities building is to be of masonry construction and is proposed to be used for changes rooms and equipment storage associated with sporting fields;

 

Playground

 

·    A playground in the southern corner of the site is proposed. The playground is adjacent to the proposed Cromwell Place car park and between the two existing amenity blocks.

 

Use/Operations of Pioneers Park

 

·    The use of the Park by members of the general public and local community will remain unrestricted (as per current arrangements) apart from when sporting groups/clubs and school groups have confirmed bookings with Council to use the sporting fields;

 

·    The use of the new sporting fields  will be along the same lines as the current arrangements and it is expected (per the submitted Statement of Environmental Effects) that the use of the new sporting fields by sporting groups/clubs and school groups will be as follows:

 

·                 4pm to 9pm twice weekly for training sessions by sporting groups and teams;

·                 Lunchtime period weekdays by school groups; and

·                 9am to 5pm weekdays and weekends for sporting clubs.

 

Unrestricted hours for use of the informal open space and designated dog exercise area is proposed.

 

THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is forms part of Lot 7060 in DP 1026883. The site is zoned 6A Open Space and is approximately 11 hectares in area is generally speaking rectangular is shape, though the north western end is narrower than the south eastern end of the site.

 

Geographically, the Park is located to the south west of Maroubra Bay and to the north west of Malabar Headland. Anzac Parade runs along the western boundary of the site, with Cromwell Place and Franklin Road defining the south western and southern boundaries of the Park.

 

Anzac Rifle Range is located to the east of the Park, with Malabar Primary School and Cromwell Park located to the south.

 

The Malabar Sewage Treatment Works are also located to the south east of the site.

 

Adjacent the northern boundary of the Park are residential properties which address Manwaring Avenue and Bowen Place and to the north west is a small reserve known containing ‘Lake Malabar’.

 

The site slopes towards the southeast and is comprised of two distinct tiers. Batters rise along the northerly and easterly perimeters and in the area separating the two main tiers. A bund of approximately 3m in height is present along the southeastern boundary adjacent to Franklin Street.

 

The site accommodates two permanent structures being a restroom facility and a building used as a sporting clubhouse / equipment storage facility. The lower tier accommodates three existing sporting fields with some lighting.

 

There are existing footpaths along the western and south western side of the Park and existing vegetation is scattered around the park, particularly along the north eastern boundary, adjacent to the rifle range, and along the footpath in the vicinity of Cromwell Place.

 

The site is zoned 6A Open Space and is unfenced and open to the public as a recreational area.

 

3.    SITE HISTORY

 

There is no recent relevant development approvals for the site, however the findings of an environmental site assessment carried out and submitted as part of the DA documentation includes the following historical information:

 

1943 – majority of the site is vegetated with no significant development. Possible filling activities in Cromwell and Franklin Street.

 

1947 – Filling or earthworks apparent over the entire site area. Site access appears to be off Franklin Street.

 

1951 – Filling activities still being carried out at a reduced level.

 

1961 – Majority of earthworks or filling stopped. Main area of activity in southeast near Cromwell Park. More vegetation across the site and surroundings.

 

1972 – Sporting fields have been constructed over the Pioneers Park area. Construction operations in the southeast in Cromwell Park likely to be associated with the construction of the Malabar Sewage Treatment Works.

 

1975 – Ovals constructed on northern portion of the site. Malabar Sewage Treatment Works to the southeast still under construction.

 

1982 – Sporting fields and ovals present in Pioneers Park

 

4.    COMMUNITY CONSULTATION:

 

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

 

 

 

 

 

4.1 Objections

 

In response to the notification, there were 372 objections comprising 21 individual submissions and a letter of objection authored/sponsored by two persons and signed by 352 people:

 

The issues raised in the objections are summarised below: -

 

1.     There will be no benefits to the residents of the Randwick Municipality

2.     “We will only have about20% of the upper field…to carry out all other recreational activities”

3      Pioneers Park is the only off-leash dog area in the Randwick Municipality where dogs are able to fully run and stretch their legs without running onto a road

4.     The proposed change only adds benefit to a “small group of sports people”.

5.     The bottom tier should be upgraded for higher usage for sporting clubs.

6.     “The whole DA is nonsense and we shouldn’t lose yet another area to over zealous sports people and developers”. .

7.     The development will place unnecessary restrictions on off-leash dog areas such that the sporting fields will not be able to be used for dogs even when they are not in use.

8.     A greater buffer between the headland bushland and the proposed path is needed.

9.     A dog proof fence is needed between the headland bushland and the sports area.

10.    Any lights near the bushland should avoid glare on native fauna.

11.    Garbage bins are recommended.

12.    The development is too large in scale for the local area and will reduce the open space available to the Malabar/ South Maroubra community.

13.    The proposed caparking area is too large in scale and the proposal will result in traffic congestion and road safety issues.

14.    The new sporting fields will result in additional noise impacts to local residents.

15.    Heffron Park would be more appropriate for the development.

16.    Council should require an independent environmental impact statement on the risks of building on contaminated land fill.

17.    Documents were not available at Council for viewing.

18.    Council officers not available to answer questions regarding the DA.

19.    Lack of community consultation.

20.    Lack of balance between passive and active recreational space

21.    Toxic substances both solid and particulate

22.    Lack of traffic studies

23.    Lack of parking to support the development

24.    The Council has not identified user groups for a needs basis per the incomplete Recreation Needs Study.

25.    There have not been clear figures made available in relation to the contribution of the NSW Soccer Federation.

26.    No study has been done to investigate the use of the open space as a Native Landscape Botanic Gardens.

27.    The council has not met the legal obligation under the Local Government Act of calling for tenders and other interest groups to use the area as per the requirement.

28. Has the area been identified as part of the proposed National Park as described by the Federal Member the Honorable Mr Peter Garrett.

29.    No compensation rights/issues have been put forward by Randwick Council to cover residents in the most unfortunate circumstances being the possibility of serious health effects caused by the disturbance of solid material waste already in situ.

30.    Glare from proposed lights.

31.    Water contamination due to contaminated land fill.

32.    Disturbance of native animals.

33.    Council paid $80,000 to have a ‘Recreation Needs Survey’ carried out and it is illogical to proceed with this proposal until the findings of this report are known.

34.    Council has moral obligation to provide to provide the majority of rate payers in the Municipality with a large open area that can be used for general purpose recreation without any sporting events.

35.    Irrigation is not needed – the area irrigates itself.

36.    Additional mowing will impact on existing wildlife. Two brown snakes have been spotted recently (objection received in March 2007). “Are the children and spectators to be put at risk for yet another sports field?”  

37.    The information is misleading with regard to the timing and staging of the different aspects of the development.

38.    Possibility  of anti-social behaviour driven by consumption of alcohol at sporting matches.

39.    Increased litter.

40.    The park will not be open to the community at all times as indicated.

41.    All submissions in pre-lodgement consultation not considered.

42.    How many of the Soccer Associations members actually live in the Municipality?

43.    Conflicting information regarding the operation times of the proposed lights.

44.    No studies carried out to measure the impact of the proposal on Resident’s health.

45.    From media reports there appears to be the likelihood of unruly behaviour occurring among certain elements of sporting crowds.

46.    Cycle track proposal is flawed – it is too small for any “serious cyclist”, joint use of the path “just doesn’t mix”, will impact Lake Malabar area, and encourage anti-social behaviour by motor cross bike riders, and a good track already exists at Heffron park.

47.    Council is placing the Lake Malabar and heathland (near the north eastern boundary) in jeopardy.

48.    Proposed plantings in “Woodland Regeneration Area” will be 3 – 15 metres in height. 

 

Responses to the concerns raised are outlined below.

 

Insufficient Consultation & Information in the SEE

 

A comprehensive SEE was prepared on behalf of Randwick Council by GHD in accordance with the Environmental Planning & Assessment (EP&A) Act 1979 and the Environmental Planning & Assessment Regulations 2000. The SEE reviewed the appropriate Environmental Planning Instruments and Plan of Management that apply to the proposal and provided an overview of the potential natural and built environmental impacts of the proposal with particular reference to the relevant heads of consideration listed under Section 79C of the EP&A Act 1979. A Traffic Assessment, Landscape Plans, Site Investigation Assessment/Contamination Assessment and Remediation Action Plan (RAP) were also commissioned and submitted to Council. The Landscape Plan has subsequently been amended.

 

The SEE adequately outlines the anticipated timing of the works.

 

The proposal was formally advertised and notified to residents in the vicinity of the park per Council’s LEP and DCP requirements. Consultation with agencies with an interest in the park was undertaken by the applicant pre-lodgement. Various ‘community consultation’ activities were also undertaken by the applicant prior to lodgement including placement of information via the Mayor’s Column in the local newspaper.

 

The community was invited to visit a display, go to the website or attend a ‘drop-in’ community information session. A project information line and email address were also set up. A newsletter/information sheet was distributed to residents in the vicinity of the site and public displays of the landscape design and proposed improvements were carried out in September and October of 2006.

 

The Council has fulfilled its statutory obligations for public notification and advertising of the application and the documentation supporting the application is considered to be adequate to allow a thorough assessment of the application.

 

Noise & Disruption

 

It is considered that the operation of the two new playing fields will not result in significant adverse noise impacts upon adjoining residents or park users. The level of noise impact from night recreational activities is considered compatible with the noise impact associated with a public park and it is noted that night time use of the park is proposed for two nights of the week until 9.00pm (i.e. lights to be switched off at 9.00pm). Use of the sporting fields will otherwise be from 9.00am to 5.00pm or until natural light fades.

 

It is also considered that the use of the fields for sport on weekdays and on weekends between the hours of 9.00am and 5.00pm will not result in noise emissions that could not reasonably be expected for a recreational facility in an urban environment.

 

It is noted that the nearest residential properties to the proposed two new playing fields are located on the western side of Anzac Parade, and in Manwaring Avenue and Bowen Place to the north of the park. The playing fields are located approximately 80m -130m  from properties in Anzac Parade and 130m from the rear boundaries of properties in Bowen Place.

 

Some noise and vibration will occur during construction from the use of machinery; however, these works will be restricted to standard construction hours over a limited timeframe. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

Traffic & Parking Impacts

 

159 properly formed (i.e. to Australian Standards, with kerb and guttering etc per Council’s standard requirements) carspaces are proposed where previously there has been approximately only 50 informal (unformed) carspaces.

 

A comprehensive Traffic Assessment report was prepared by GHD and submitted with the application. The report identified the existing conditions in terms of the road network, traffic volumes, traffic generation, crash statistics, and the pedestrian and bicycle environment. The report identified the projected traffic generation, future road network and intersection performance, parking and access requirements. The report also looked at the traffic generation during construction and the expected performance of the road network and intersections during construction.

 

The report makes recommendations with regard to signage and traffic calming installations. The report also indicates that based on traffic generation predictions in the peak operating period the surrounding network would need to accommodate an additional 110 vph (vehicles per hour) as a result of the proposed development. The report concludes that the road network and proposed parking arrangements has capacity to accommodate the increase.

 

Further, cars will not be allowed to use the proposed pathways as vehicle access to the park and if this occurs bollards will be able to be installed in appropriate locations.

 

The car spaces are proposed for use by all community members, not only the local residents and the provision of 159 formal carspaces raises the parking capacity for all users.

 

The application was referred to the RTA and Council’s Traffic Engineer. No objections were raised subject to imposition of recommended conditions which have been adopted as part of the recommended conditions of this report.

 

Residential Amenity – Litter, Overlooking, Visual Impact

 

It is considered that the amenity currently experienced by residents of adjoining properties will be minimally affected as a result of the development. It can be reasonably expected that the levels of littering will not increase significantly from the current levels experienced and Council’s current park management practices are expected to be able to account for any discernible increases. Nonetheless, if there is a significant increase in the amount of litter generated at the park appropriate action can be taken.

 

It is not expected that the proposal will result in significant adverse visual privacy impacts for residents in the vicinity of the park. Spectators and users of the two new playing fields can be expected to generally gather near the playing fields which are some 130m from the rear of the nearest residential properties at the northern end of the park and 80m or more from properties in Anzac Parade and therefore direct overlooking impacts will be mitigated to a large degree due to the distance between the locations.

 

It is also noted that proposed plantings and landscaping measures at the northern end will provide some screening between residential properties and the two new playing fields.

 

The visual impact (in terms of aesthetics) from the proposed lighting poles is not considered significant and could reasonably be expected given the park’s role as a recreational ground and public open space.

 

Light Spill

 

The proposed lighting has been designed to meet the Australian Standard (AS2560.2.3) for lighting design for playing fields and the Australian Standard 4282-1997 “Control of obtrusive effects of outdoor lighting”.

 

Although is can be expected that lights will be seen from nearby residential properties during operation, adherence to AS 4282 will minimise the effects of light spill to an acceptable level. It is also noted that the playing fields are approximately 130m away from the northern properties and 80-130m away from western properties.

 

Subject to the recommended conditions requiring adherence to the Australian Standard 4282-1997 “Control of obtrusive effects of outdoor lighting” the application is considered satisfactory with regard to impacts from the proposed lights.

 

 

Impact on Flora and Fauna

 

The park does not form any part of a National Park. No significant adverse impacts upon the natural features that contribute to the park will are expected to occur as a result of this proposal. The proposal will result in considerably more vegetation at the site and be of predominantly native species.

 

The two new sporting fields are proposed in a location where currently there is grass and no significant native trees containing habitat for native fauna are proposed to be removed.

 

It is also noted that the land which is the site of the proposed playing fields is currently used as off leash dog exercise area amongst other uses and is unlikely to support native species.

 

The proposal respects the area of regenerating ‘bushland’ along the north eastern and seeks to bolster this area with further plantings in the vicinity. The proposed path is located to the below, and to the west of the regeneration area .

 

The proposal does not result in the creation of any new path into the Malabar Lake, rather it connects to an existing footpath.

 

Light from the two new playing fields is not expected to significantly impact on any native fauna given the limited usage and times proposed and separation between the fields and ‘bushland’ area.

 

Incompatibility of Uses / Loss of Passive Space/ Area for Dog Walking

 

Currently the park is used for passive and active recreation. Three playing fields are located on the lower tier of the park with the northern upper tier used for more passive recreation such as ‘off-leash’ dog walking, personal exercising and the like. It is noted that the existing playing fields are also used for passive recreation at times when they are not being used for training or competition by organised sporting groups.

 

The construction of two new playing fields with associated lighting on the upper tier will reduce the area available to passive recreational users of the park.

 

The two new playing fields will be available for personal exercising and passive recreation when not in use by organised sporting groups, though the off-leash area for dog walkers would be permanently reduced to the area around to the north of the new fields.

 

Nonetheless, it is considered that size of the park is sufficient to accommodate the two new playing fields while still maintaining area for passive recreation, personal exercising such as walking and jogging, and an off-leash dog area. To this regard it is noted that approximately 4 acres of open space will be available at the northern end of the park for passive recreation and a considerable amount of area surrounding the sporting fields (including the pedestrian and cycle paths) will be available for use.

 

It is recognised that off-leash dog areas are important to many dog owners, however open space is a finite resource in urban environments and the desire for off-leash areas must be considered against the growing demand for sporting fields to facilitate organised sport and training for children and adults.  It is also noted that there are13 off leash dog exercise parks within the Randwick LGA.

 

The proposal to relax restrictions on off-leash dog exercising areas such that the playing fields could be utilised as off leash areas during periods when sport is not being played, can not be supported due to the increased possibility/likelihood that the sporting fields would be affected by dog faeces, inturn creating potential adverse health implications for users of the sporting fields. 

 

It is considered that the proposal provides benefits for a wide range of park users, and not just users of sporting fields. The installation of the lights associated with the new playing fields will provide benefits to other users of the park by providing a safer environment during night periods when the lights are in operation. The general upgrading of the park, landscaping, addition of carspaces, amenities block and pathways will also provide benefits to many park users.

 

Alternative Locations

 

Pioneers Park is suitable for the proposed development. Subject to the recommended conditions and remediation works, there are no significant natural or environmental constraints that would hinder the proposed development from proceeding and, as discussed throughout the assessment report below, it is considered that the proposal will not result in significant adverse impacts on the amenity of residential properties in the vicinity of the site.

 

Risks Associated With Contamination

 

A Phase 1/2 Contamination Assessment / A Site Investigation Assessment has been submitted in accordance with the Provisions of SEPP 55. The investigation details that testing was carried out and the results of that testing.

 

Results of groundwater monitoring indicate that groundwater flowing beneath the site contains elevated concentrations of ammonia, nitrate, manganese, iron, copper and zinc and suggest that the site may be impacting local groundwater, potentially originating from leachate within the landfill or from ground water in contact with the waste.

 

It is proposed to reprofile and cap the landfill site using a low permeable GCL. Post-closure monitoring would is proposed to be undertaken and would include collection of samples from monitoring wells previously used to assess the contamination.

 

Council’s Environmental Health Officer has reviewed the Site Investigation Assessment and recommendations therein, and subject to the recommended conditions of consent which require amongst other matters the submission of an Environmental Management Plan prior to works commencing, the proposed remediation works and monitoring are considered satisfactory.

 

Other Economic and Social Considerations

 

The proposal is to be funded wholly by Council and separate insurance arrangements will not be necessary for the capital works.

 

There has been no evidence provided that the proposal is likely to result in significant instances, or an increase, of anti-social behaviour at the park. Notwithstanding this comment, any anti-social behaviour relating to public drunkenness or criminal activity will be a matter for the NSW Police. 

 

The development of land in an orderly and economic way is in the public interest. The proposal will enable the park to be used for more organised sport on every day of the week and for night training twice weekly. The proposal maintains an acceptable level of open space that is not occupied by playing fields and the access and parking improvements will be of significant public benefit. The proposal represents a significant improvement to the parks facilities and ensures sufficient opportunity to enjoy the public open space now and into the future for a wide range of residents and park users.

 

4.2 Support

 

In response to the notification, between 21 February 2007 - 23 March 2007, there were 39 letters of support were received from representatives of sporting associations with the majority being in a pro-forma style submission.

 

The supporting statements of the people listed above are summarised hereunder:

 

1.    “We are at crisis point for green space and appeal for your assistance in unlocking Pioneers Park for our kids”. 

2.    The Eastern Suburbs Football Association is at capacity in relation to the number of venues it has available to schedule matches and training and is in urgent need of new recreational facilities to support the number of people wishing to play sport.

3.    Sporting clubs have to turn away people because they can not be catered for in terms of provisions of facilities to play and train on.

4.    The proposed development will make better use of a dilapidated area of open space.

5.    There will be sufficient area for recreational purposes to be shared by the residents, their companion animals and sports enthusiast alike.

6.    The proposal is in line with the aims of The State Plan, A New Direction for NSW, launched by the Premier in November 2006 which targets the creation of a better environment for living through planning, environmental protection and arts and recreation. The State Plan acknowledges that there is a need to focus attention on the development of facilities and training programs for both regular participants and elite athletes.

7.    The proposal is in line with one of the key targets of The State Plan which seeks to increase the number of people participating in sporting activities and physical exercise by 10% by 2016 and reduce childhood obesity.

8.    The Board of Governors, Parish Committee and Staff of St Spyridon College support the proposal and would use the proposed facilities for PDHPE activity for children from Kindergarten to year 12 to combat obesity, for co-curricular program to expand the physical exercise program and for the ISA (independent Sporting Association) for training and playing games on the sporting fields.

9.    The eastern suburbs area is generally “anti-child” and there is a lack of decent organised youth facilities especially for sport.

 

5.    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:-

 

5.1 Landscape Issues

 

Landscape Comments

 

·    Drawing numbers 21-15005-C001 – C006, C100-C108, C200, C300-C302 by GHD, revision A, dated 02.02.07, and stamped received at Council 7th February 2007.

 

There is only minimal existing tree planting throughout the site, and while several will need to be removed in order to facilitate the significant remediation works proposed, which occupies approximately 80% of the total site area, it is anticipated that this would not have a major impact on either the appeal or function of the site given both the general insignificance of the trees affected, and the fact that a substantial amount of new planting that will be undertaken, which will result in an improvement to the environmental amenity and visual appeal of the site upon completion.

 

Located centrally across the existing grassed embankment which slopes down to the southeast, between the upper and lower levels, there are two 4 metre tall Metrosideros excelsa (NZ Xmas Trees), which are considered insignificant, and as such, should be removed and replaced with more appropriate native plantings as has been shown on the submitted plans.

 

Towards the southwest corner of the site, along the Cromwell Place frontage, there is a stand of five Eucalyptus botryoides (Bangalay), and to the southeast of this group, three Banksia integrifolia (Coastal Banksia), which are around 6-8 metres in height.

 

All are endemic species to the area and appear in reasonable condition, offering a food and habitat source for native fauna, also affording partial visual and acoustic screening between the reserve and residential properties on the western side of Cromwell Place, but as they will remain unaffected given that no works are proposed surrounding them, conditions will not be necessary.

 

However, the row of recently planted Banksia integrifolia (Coastal Banksias) on the Cromwell Place nature strip, leading towards the intersection of Franklin Street, will need to be removed in order to accommodate the new car parking bay in the location proposed, with a requirement to provide compensatory plantings within the site included in this report.

 

About halfway along the Franklin Street frontage, at the heel of the existing embankment which slopes down to the southeast, there is one Araucaria heterophylla (Norfolk Island Pine) of approximately 12 metres in height which is the most visually significant individual specimen at the site, and can be clearly seen from a distance when travelling south on Anzac Parade, as can several other examples of the same species on private property further to its southeast.

 

While retention as an existing site element would be desirable in the interests of landscape design and site function, particularly given that it could be supplemented further with species which would attain similar dimensions so that visual screening of the unsightly treatment plant to northeast, on Malabar Headland, could be achieved.

 

However, this unfortunately would not be physically possible given that the remediation works completely encompass this area of the site, with the replacement native species nominated for this area considered appropriate given their ability to achieve the desired screening effect through their mature canopy height of 20-30 metres.

 

To the northeast, there is a row of six Metrosideros excelsa (NZ Xmas Trees) of between 4-8 metres in height which are considered insignificant specimens, which should be removed as has been shown.

 

Considered to be of higher environmental significance than the existing trees described above is the large expanse of native remnant bushland to the northeast of the site, which stretches all the way to the south end of Maroubra Beach, and although highly disturbed due to its proximity to Pioneers Park which was formerly used as a disposal site, has undergone intensive regeneration works over the past decade in an attempt to recreate the structure and floristics of the natural vegetation.

 

While no works will be undertaken specifically within the bushland, the potential for substantial disturbance will still arise given its close proximity to the development site, with remediation works to comprise:

 

·    excavate and remove top layer of existing spoil,

·    re-profiling to achieve a level playing surface, as well as to direct stormwater to designated discharge areas,

·    installation of a Geo-synthetic Clay Liner to cap and contain the waste on-site and prevent further infiltration of surface water and subsequent leaching of wastes to groundwater,

·    importation of sandy loam to achieve a satisfactory quality and depth for the establishment of landscaping.

 

While Eastern Suburbs Banksia Scrub exists in this area, the proposal has been assessed as unlikely to have an affect on any species or communities listed under the Threatened Species Conservation Act 1995, and therefore, a Species Impact Statement is not required.

 

The installation of paraweb fencing to delineate the site from the bushland as proposed in the statement of environmental effects is considered inadequate to provide the required level of protection, and as such, this shall comprise 1.8 metre high chainwire fencing, to which shade cloth/filter fabric will be attached in order to prevent air borne particles, chemicals, weed seeds and any other contaminants entering the bushland during the course of the works.

 

Discussions with Council’s Bushland Supervisor confirmed that in order to preserve the gene pool of those species which occur naturally in this area, all stock used in revegetation works will be required to be of local provenance.

 

Should the application be approved 5 conditions of consent have been recommended which relate to species selection, replacement trees, works to Council’s nature strip, tree management and protection arrangements for trees and bushland to remain.

 

All of the recommended conditions have been adopted within the recommended conditions of this report.

 

5.2  Drainage Comments

 

On site stormwater detention is not required for this development.

 

Should the application be approved 5 standard conditions have been recommended to be imposed as conditions of consent. The conditions relate to civil works and service authority matters and all 5 have been adopted within the recommended conditions of this report.

 

5.3      Environmental Health Comments

 

The Proposal

 

Following the request for additional information, an additional report has been submitted on 9 May 2007.

 

 

 

Key Issues

 

Land Contamination

 

The site was formerly a land fill site. The site does have some landfill gas, ground water and ground contamination matters that require attention. Remedial options have been briefly outlined. A 300mm layer of fill is to be provided above the marker layer. An EMP will be prepared. A Site Auditor will be requested to review the groundwater monitoring, gas emissions, RAP, EMP and issue a SAS.

 

Subject to the site being appropriately remediated with the provision of a capping and containment system at the site together with the use of an Environmental Management Plan for future monitoring and management of the park, the site should be suitable for its intended/continued use. Appropriate conditions shall be included on the determination of the consent.

 

Acoustic and Amenity Issues

 

The ongoing use of the park shall be addressed with appropriate conditions of this determination. The assessing planning officer is requested to consider the issue of light spill, the obtrusive effects of the outdoor lighting and the relevant Australian Standards for lighting for sports fields so as to ensure the amenity of the surrounding residential neighbourhood is considered and maintained.

 

Food Safety

 

The details of the fit out, use and operation of the amenities buildings has not been outlined. Appropriate conditions are to be recommended to be imposed to ensure food being prepared and sold / distributed from the facilities comply with the requirements outlined in the Food Safety Standards.

 

5.4      RTA Comments:

 

The RTA has received the development application and advised that concurrence is granted for the proposed entry and exit driveways and car parking subject to a number of standard conditions.

 

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

·    Sydney Regional Environmental Plan 14 – Eastern Beaches

·    State Environmental Planning Policy 11 – Traffic Generating Developments

·    State Environmental Planning Policy 19 – Bushland in Urban Areas

·    State Environmental Planning Policy 55 – Remediation of Land

 

Each of these Planning Instruments are addressed below.

 

6.1  Randwick Local Environmental Plan 1998

 

The site is zoned 6A Open Space 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 18 - Objectives for 6A Open Space Zone

Clause 26 – Exempt and Complying Development

Clause 38 - Development in Open Space Zones

Clause 39 –Unzoned Land

Clause 42E - Development in, on, or Adjacent to a Watercourse or Wetland

Clause 40 –Excavation and Filling of Land

Clause 40A Masterplans

Clause 42B – Contaminated Land

Part 4 – Heritage

 

Clause 18 – Objectives for 6A Open Space Zone

 

In accordance with Clause 18(2) works involved with landscaping and gardening do not require consent. In accordance with Clause 18(3) development for the purpose of  buildings ordinarily incidental or ancillary to landscaping, car parks and recreational facilities are consent.

 

While some of the landscaping works proposed may not require development consent, the proposed amenities buildings and carparking are permissible development with consent.

 

In accordance with Clause 9 of the RLEP 1998 Council may grant consent to the carrying out of development on land to which the plan applies only after it has considered the extent to which the proposed development is consistent with the specific objectives of the zone within which the development is proposed. Clause 18 sets out the objectives for the 6A Open Space Zone and assessment of the development against these objectives is carried out in the table below.

 

Objective of 6A Zone

Comment

(a) to identify publicly owned land used or capable of being used for public recreational purposes, and

The land is currently used for public recreational purposes and the proposal does not seek to alter this.

(b) to allow development that promotes, or is related to, the use and enjoyment of open space, and

The proposed development involves the upgrading of existing sporting fields, construction of two new sporting fields with lighting and associated amenities block, the construction of three carparks, landscaping works, installation of new water management and irrigation system and installation of various pedestrian and cycle tracks. All aspects of the development are considered to facilitate or enable greater use and enjoyment of the recreational aspect of the park and public open space.

 

(c) to identify and protect land intended to be acquired for public open space, and

The subject site is currently nominated for use as public open space.

 

(d) to identify and protect natural features that contribute to the character of the land, and

Some examples of mature vegetation are found around various sections of the perimeter of the site and there is ‘regeneration’ plantings along the eastern boundary.

 

The proposal involves the removal of various trees. Council’s Landscape Planner/Engineer has reviewed the proposed development and landscape plan and advised that subject to conditions of consent requiring protection of certain trees/areas and the planting of replacement trees, the removal of trees per the application is satisfactory.

 

It is considered that the proposed landscaping works will generally enhance the character of the park and are consistent with the regeneration works and planting already underway along the eastern boundary, while he proposed new structures will not significantly adversely impact upon the aesthetic appeal or character of the park.

 

It is considered that no adverse visual impacts upon the natural features that contribute to the park will occur as a result of this proposal.

(e) to enable the sustainable management of the land.

The proposal enables the sustainable

management of the land by satisfying the

Action Plan nominated in the ‘District Parks Generic Plan of Management’ document. Compliance with this Plan is outlined in section 7.3 of this report.

 

 

The proposal complies with the Zone objectives.

 

Clause 26 – Exempt and Complying Development

Clause 26(1) states that “Development of minimal environmental impact listed as exempt development in Table A of Development Control Plan—Exempt and Complying Development, as adopted by the Council on 13 July 2004 is exempt development,” despite any other provision of the RLEP 1998.

Development outlined in Table A of Development Control Plan—Exempt and Complying Development relevant to the proposed develop includes (exempt development type 24) Goal posts, sight screens, and other similar ancillary sporting fixtures, structures and associated works; (exempt development type 27) Landscaping works; (exempt development type  32) Playground equipment - Open Space zones; and (exempt development type 33) Recreation facilities.

 

It is considered that the playing fields and construction of the amenities block would fall into development type 33 provided that they are in accordance with any applicable Plan of Management and are no greater than one storey in height and are constructed in a manner that complies with the pre-requisites and general rules outlined in Part 2 of the DCP. To this extent the proposed sporting fields and amenities block are considered to be in accordance with the relevant Plan of Management and will be no greater in height than one storey.

 

The sporting fields and amenities block are exempt development.

 

Goal posts associated with the sporting fields (exempt development type 24) and the proposed playground in the southern corner of the site (exempt development type 32) are also exempt development provided they are carried out and constructed in accordance with the pre-requisites and general rules outlined in Part 2 of the DCP.

 

Some of the landscaping works proposed to be carried out are likely to result in changes to levels greater than that which is allowed for under the provisions of exempt development type 27. Nonetheless, as stated above in this report, Clause 18 of RLEP 1998 works involved with landscaping in the 6A zone are permissible without consent. 

 

In summary therefore, and provided construction is carried out in accordance with the relevant provisions of the Exempt and Complying DCP, the construction of the sporting fields (and any goal posts), one storey amenities block, and playground are exempt development and may be carried out without the need for development consent under Part 4 of the Environmental Planning and Assessment Act 1979.

 

Further, the proposed landscaping is development that is permissible without development consent.

 

Clause 38 - Development in Open Space Zones

 

Clause 38(2A) states that “despite clause 18, the Council may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone”.

 

It is noted that all of the development proposed within the application is exempt, permissible without consent, or permissible with consent and the proposal does not rely upon the provisions of Clause 38(2A) for permissibility.

 

Clause 32(2) outlines that when determining an application for consent to carry out development on land within Zone No 6A the Council must consider certain matters which are addressed in the table below.

 

Clause 38(2)

Comment

(a) the need for the proposed development on that land, and

The applicant has indicated that there is a community demand for formal open spaces to carry out organised sporting activities, sporting competitions and training. The submissions of support received as part of the exhibition and consultation process indicate that the local football community (and wider football community within the LGA and surrounding suburbs) are supportive of the proposal. It is noted that support for the proposal has also come from at least one school, residents and parents of children in the locality.

 

It is also noted that within Randwick City Council’s submission to the ‘Inquiry into Sports ground Management in NSW,’ ( NSW Legislative Assembly) demand for recreational open space for organised sports activities was identified as an issue that has and will continue to increase within the Randwick Local Government Area.

(b) whether the proposed development promotes or is related to the use and enjoyment of open space, and

It can be reasonably expected that the proposal would result in the greater use of the park by sport playing children and adults. The proposal could also be reasonably being expected to promote greater use of the park by cyclists and pedestrians given the proposed pathways.

(c) the impact of the proposed development on the existing or likely future use and character of the land, and

The impacts of the proposed development are considered in greater detail below. In summary it is considered the proposed remediation works, improved landscaping, upgrading and addition of sporting fields, and improved car parking arrangements will have net positive impact upon the use and character of the land.

(d) the need to retain the land for its existing or likely future use.

 

The land is currently used for recreational purposes and the proposal ensures this use will continue.

 

The proposal complies with the relevant provisions of Clause 38 of RLEP 1998.

 

Clause 39 –Unzoned Land

 

Clause 39 (1) states that “ a person may, with the consent of the Council, carry out development on land shown unzoned on the map for the purpose of anything which is permissible on land adjoining that land.”

 

Carparking is permissible development with consent in the 6A zone and therefore the Franklin Street and Cromwell Place carparks are permissible with consent.

 

The Anzac Parade carpark is within the property boundaries and is ‘zoned’ land.

 

Clause 40 - Excavation and filling of land

 

Clause 40 states the following:

 

“(1) A person may excavate or fill any land to which this plan applies only with the consent of the Council.

 

(2) When considering an application for consent required by subclause (1), the Council must have particular regard to:

(a)    the likely disruption of, or detrimental effect on, existing drainage patterns and soil stability in the locality, and

(b)    the effect of the proposed works on the likely future use or redevelopment of the land.

 

(3) Subclause (1) does not apply to any excavation or filling of land associated with minor landscaping, where it is ancillary to development referred to in Schedule 1 or where it is ancillary to development for which consent has been granted.”

 

The proposal involves excavation and filling and therefore would require Council consent. It is noted that Council’s Development Engineer has provided comment on the proposal raising no objection subject to recommended conditions of consent.

 

The design of the works to the open space demonstrates regard for existing drainage patterns and can be reasonably expected to improve the drainage and water management at the site, enhancing the use and enjoyment of the site for recreation. The proposal satisfies the provisions of Clause 40.

 

Notwithstanding the above comments it is noted that the excavation and fill work proposed is being undertaken as ‘remediation works’ and as per the provisions of SEPP 55, these remediation works can be carried out without Council consent (See Section 6.3 below).

 

Clause 40A - Master plans

 

Clause 40A(1) requires that Council must be satisfied that a development on land with site area more than 4000 metres square  is consistent with the provisions of a master plan for that site.

 

Clause 40A(2) however allows Council to waive the requirement for a masterplan where it is satisfied of the following:

 

“(a)   that the proposed development is of a minor nature only or is ancillary to the current use of the land, or

 

(b)    that adequate guidelines and controls applying to the land are already in place.”

 

The proposal is considered relatively minor in terms of the scope of the works to be carried out which require Council consent. Council can be satisfied that adequate guidelines and controls dealing with development at the site are in place and this is reflected by the existing suite of Planning Instruments and planning policies applicable to the site.

 

Council is able to waive the masterplan requirement in this instance.

 

Clause 42B - Contaminated land

 

Clause 42B states the following:

 

“Despite any other provisions of this plan, the Council must not grant consent to the development of contaminated land within any zone unless the Council is satisfied:

 

(a)  that the contaminated land will, after being remediated, be suitable for the purpose for which development is proposed to be carried out, and

(b)  that the contaminated land will be remediated before the land is used for that purpose, and

(c)  that the use of the land for that purpose is permissible in the zone.”

 

The proposal includes remediation works which are discussed in greater detail under the heading 6.5 - SEPP 55 below.

 

Nonetheless, and having regard to the advice from Council’s Environmental Health Officer, it can be concluded that the site will be suitable for use as a recreation facility and open space upon completion of the works.

Clause 42E - Development in, on, or adjacent to a watercourse or wetland

In accordance with RLEP 1998 a wetland means:

(a)  natural wetland including marshes, mangroves, backwaters, billabongs, swamps, sedgelands, wet meadows or wet heathlands that form a shallow waterbody (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with fresh, brackish or salt water, and where the inundation determines the type and productivity of the soils and the plant and animal communities, or

(b)  artificial wetland, including marshes, swamps, wet meadows, sedgelands or wet heathlands that form a shallow water body (up to 2 metres in depth) when inundated cyclically, intermittently or permanently with water, and are constructed and vegetated with wetland plant communities.

 

It is considered that the Malabar Lake area adjacent the site to the north west is a wetland area for the sake of this Clause 42E and therefore Council must not grant consent to development in, on, or adjacent to the wetland unless satisfied that:

 

(1) (a)  appropriate measures have been identified for ongoing protection, conservation and management of the watercourse or wetland and its riparian land over time, and

     (b)  the width of the riparian land maximises and enhances its potential to serve as a habitat corridor, and

     (c)  the riparian land retains and incorporates within it, wherever possible, existing areas of remnant native vegetation, and

     (d)  the provision of public access is to be located and designed to minimise disturbance to the habitat corridor and existing remnant native vegetation.

 

(2)       For a watercourse or wetland that is shown on the map:

     (a)  as a category 2 watercourse or a category 2 wetland—land is taken to be part of the riparian land for that watercourse or wetland if it satisfies one or both of the following:

(i)   the land is within 20 metres of the top of the bank of the watercourse or wetland,

(ii)   the land contains remnant native vegetation that adjoins the watercourse or wetland, or

     (b)  as a category 3 watercourse or a category 3 wetland—land is taken to be part of the riparian land for that watercourse or wetland if the land is within 10 metres of the top of the bank of the watercourse or wetland.

 

The site is not category 2 or 3 wetlands. The works proposed are likely to benefit the area known as Malabar Lake in as much as the remediation work is intended to ‘cap’ contaminated landfill at the subject site and therefore prevent contaminated runoff into the lake.

 

The proposed landscape works are also considered to benefit the site as they will consolidate an area of vegetation along the common boundary in what could be considered the riparian zone.

 

The proposal does not propose any new access in the lake area, rather the proposed path from Pioneers Park is proposed to be linked with the existing path running through the lake area. This is considered acceptable given the existing path will be utilized and no new construction works will be required to be carried out in the Lake Malabar area itself, thereby minimizing disturbance to the lake.

 

Subject to conditions of consent requiring suitable protection measures during construction for the area adjacent to the north western boundary of the park as part of the Environmental Management Plan required to be submitted prior to construction, the proposal is considered satisfactory with regard to Clause 42E. 

 

 

Part 4 – Heritage

 

In accordance with Randwick LEP 1998, the subject site is not identified as a Heritage Item and is not located within a conservation area. The site is not situated in the vicinity of a heritage item although it is in the vicinity of a conservation area located to the north east of the site.

Clause 46 requires Council to take into consideration the likely effect of the proposed development on the heritage significance of the heritage conservation area and on its setting.

 

To this regard it is considered that the proposal will generally enhance the character of Pioneers Park and will have no adverse impacts upon the heritage significance of the adjacent heritage conservation area.

 

6.2  State Environmental Planning Policy 19 – Bushland in Urban Areas

 

State Environmental Planning Policy No. 19 – Bushland in Urban Areas (SEPP 19) applies to the  Randwick LGA and aims to protect and preserve bushland within urban areas.

Clause 6(1) of the SEPP states that a “person shall not disturb bushland zoned or reserved for public open space purposes without the consent of the Council”.

Clause 6(4) of the SEPP states that “a consent authority shall not consent to the carrying out of development referred to in subclause (1) unless:

(a)      It has made an assessment of the need to protect and preserve the bushland having regard to the aims of this Policy,

(b)      it is satisfied that the disturbance of the bushland is essential for a purpose in the public interest and no reasonable alternative is available to the disturbance of that bushland, and

(c)      it is satisfied that the amount of bushland proposed to be disturbed is as little as possible and, where bushland is disturbed to allow construction work to be carried out, the bushland will be reinstated upon completion of that work as far as is possible”

Under the SEPP, bushland is defined as land on which there is vegetation which is either a remainder of the natural vegetation of the land or, if altered, is still representative of the structure and floristics of the natural vegetation.

 

The vegetation to be removed at Pioneers Park consists mostly of grasses from the playing fields and several isolated trees along the south eastern boundary which could not be classified as bushland. Vegetation in the north eastern corner of the site is to be retained and will remain undisturbed.

 

It is considered therefore that the provisions of SEPP 19 do not strictly apply and consent is not required for the purpose of Clause 6(1) of the SEPP.

 

6.3 State Environmental Planning Policy 55 – Remediation of Land

 

This SEPP aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment.

 

Clause 7 of SEPP No 55 requires that:

 

(1)    A consent authority must not consent to the carrying out of any development on land unless:

 

(a)      it has considered whether the land is contaminated, and

(b)     if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is to be carried out, and

(c)               if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.”

 

Contaminated land is defined in the EP&A Act 1979 as:

 

‘land in, on or under which any substance is present at a concentration above the concentration at which the substance is normally present in, on or under (respectively) land in the same locality, being a presence that presents a risk of harm to human health or any other aspect of the environment’ (Section 145A)

 

Council‘s Environmental Health Officer has advised:

 

Land Contamination

 

The site was formerly a land fill site. The site does have some landfill gas, ground water and ground contamination matters that require attention. Remedial options have been briefly outlined. A 300mm layer of fill is to be provided above the marker layer. An EMP will be prepared. A Site Auditor will be requested to review the groundwater monitoring, gas emissions, RAP, EMP and issue a SAS.

 

Subject to the site being appropriately remediated with the provision of a capping and containment system at the site together with the use of an Environmental Management Plan for future monitoring and management of the park, the site should be suitable for its intended/continued use. Appropriate conditions shall be included on the determination of the consent.

 

The proposed development involves containing the landfill to allow for the upper tier of the park to be used as recreational land and the site of two new sporting fields, landscaping works and dog exercise area.

 

Remediation is defined in SEPP55 as:

 

(a)  removing, dispersing, destroying, reducing, mitigating or containing the contamination of any land, or

(b)  eliminating or reducing any hazard arising from the contamination of any land (including by preventing the entry of persons or animals on the land).

 

The containment measures proposed are classified as remediation works.

 

Clause 8 of the SEPP states that a person may carry out a remediation work in accordance with the Policy, despite any provision to the contrary in an environmental planning instrument. Clause 8 also outlines the two types of remediation being Category 1 and Category 2 remediation.

 

Clause 9 of SEPP 55 defines Category 1 remediation, which is remediation work needing consent. Clause 14 of SEPP 55 defines Category 2 remediation, which is remediation not requiring consent.

 

The proposal does not satisfy any of the definitions listed in Clause 9 of the SEPP and is therefore defined as Category 2 remediation and is work that does not require consent yet the applicant must carry out the works in accordance with Clauses 16, 17 and 18 of SEPP 55.

 

7.0  OTHER RELEVANT PLANNING POLICY CONTROLS

 

7.1 Development Control Plan – Exempt and Complying Development

 

Assessment dealing with the provisions of the Exempt and Complying Development DCP as they relate to the proposal has been outlined above under the heading Clause 26 – Exempt and Complying Development.

 

7.2 Development Control Plan – Parking

 

There are no specific requirements for open space or recreational facilities as proposed in the application. The Parking DCP requires that is such circumstances a specific parking assessment is to be submitted with the application.

 

The applicant has submitted a detailed Traffic Assessment which was prepared by GHD in accordance with RTA and Council policy and is dated January 2007. The report and application was referred to the RTA and Council’s Traffic Engineer for comment.

 

The proposal involves the formation of three new carparks, one of which is in the general location of an existing unformed carpark along Franklin Street which provides approximately 50 informal parking spaces.

 

Between them the three new carparks will result in 159 properly formed car spaces of dimensions satisfying the appropriate Australian Standards.

 

Although there are three existing playing fields, the authors of the Traffic Assessment report have worked on the expectation that an additional two playing fields will effectively double the usage at the site. It is surmised that the addition a 109 parking spaces and formalisation of an existing 50 spaces will more than accommodate the estimated increase in vehicles.

 

7.3  District Parks Generic Plan of Management

 

A draft Plan of Management (PoM) for Pioneers Park was prepared in October 1990. The draft PoM outlined that the subject site is the responsibility of the Council with authority from the Minister for Conservation and Land Management (now known as the Department of Lands) and the Minister for Local Government. This authority is devolved to Council by Virtue of the Local Government Act 1993 and the Crowns Land Act 1989.

 

Section 10 of the draft PoM stated that Council’s previously adopted goals and objectives for all its parks and reserves are applicable to Pioneers Park. Objectives specific to Pioneers Park were also outlined in the draft PoM. The proposal is considered to comply with all the relevant objectives of the draft PoM.

 

A District Parks Generic Plan of Management was prepared in 1996 and this PoM replaced the previous site specific draft PoM for Pioneers Park..

 

The District Park Generic PoM identifies issues, priorities and implementation methods for the ongoing management and improvement of the District Parks.

 

Assessment of the subject proposal against the provisions of the Action Plan contained in the District Parks Generic Plan of Management is provided in the table below: -

 

Action

Comment

Compliance

Issue 1:

Management Planning

The subject proposal allows for the continued use of the park by all sectors of the community, including residents, dog walkers, individual pedestrians, local schools and organised recreation groups and clubs. The addition of three formal carparking areas and an enhanced water management and irrigation system will contribute positively to the long term prosperity and management of the park.

Yes

Issue 2:

Leases, Licenses and Permits

The proposal does not require the execution of a lease and/or licence agreement with any sporting organisations.

 

Following the construction of the two new playing fields and installation of the lighting poles, Council’s permit/booking system will be updated to allow the opportunity for the use of the new playing fields during the day and at night for organised recreational activities.

Yes

 

Issue 3:

Recreation

The inclusion of two new sporting fields with lighting, the addition of new pedestrian and cycle paths and retention of a dog exercise area will maintain and / or increase the capacity of the park to accommodate recreational activities and enhance the facilities for a varied range of park users e.g. joggers, cyclists, dog-walkers, sporting clubs and school children.

Yes

Issue 4:

Visitor Management

The use of sections of the park – notably sporting fields - by nominated user groups will allow Council to maintain a good level of control of the use of those more formal sections of the park. The remaining sections, and the use of playing fields outside of the ‘pre-booked’ or nominated hours, will remain open to the public.

 

The provision of a new system of pedestrian and cycle paths allows for greater access to the different sections of the park for less mobile persons and cyclists.

 

The increased parking capacity is also a positive impact in terms of accommodating cars associated with ‘visitors’ to the park who may arrive by motor vehicle.

Yes

Issue 5:

Facilities and Amenities

The proposal signifies a positive increase to the facilities and amenities at the park.

 

The provision of two new playing fields with lighting responds to a need for formal space for organised recreation in the district. The addition of a new amenities block will service the two new playing fields.

 

The addition of a well/bore and pump house will allow irrigation of the open space without using ‘town water’.

 

The construction of 3 carparks will increase on-street and off-street parking capacity at the park significantly and facilitate easier access to the site.

 

The provision of new paths for pedestrians and cyclists is also considered an improvement to the overall facilities at the site.

Yes

Issue 6:

Communication

The proposal was formally advertised and notified to residents in the vicinity of the park per Council’s LEP and DCP requirements.

 

Consultation with agencies with an interest in the park was undertaken by the applicant pre-lodgement.

 

Various ‘community consultation activities were also undertaken by the applicant prior to lodgement including placement of information via the Mayor’s Column in the local newspaper.

 

The community was invited to visit a display, go to the website or attend a ‘drop-in’ community information session. A project information line and email address were also set up.

 

A newsletter/information sheet was distributed to residents in the vicinity of the site and public displays of the landscape design and proposed improvements were carried out in September and October of 2006.

Yes

Issue 7:

Design

The design and location of the two new playing fields and amenities block are considered logical and allow for the retention of a sizable area of informal open space at the north western end of the park which can be used for dog walking amongst other recreational uses.

 

The layout and design of the pathways is also considered logical and responsive to the topography and natural features of the park.

 

The placement of the two new sporting fields on the upper tier does not hinder the retention of the existing landscaped area along the eastern boundary which is being ‘regenerated’.  

 

The design of the proposed lighting has taken into consideration the visual impact of the proposed poles, and their siting within the park setting.

Yes

Issue 8:

Vegetation

A detailed landscape plan has been submitted and significant landscape works are proposed.

 

The works will result in considerably more plantings at the site than currently exist with acknowledgment in the documentation submitted that there be an emphasis on endemic species.

 

Various trees are proposed to be removed, however the recommended conditions ensure that, where appropriate, suitable replacement trees will be planted.

 

The proposed planting schedule and layout is considered satisfactory. The plan effectively proposes a vegetated buffer area at the northern end where the park abuts the residential properties.

Yes

Issue 9:

Maintenance, Safety and Risk

The proposal involves the upgrade of the existing playing fields and will allow for the use of bore water for irrigation of the park into the future as required.

 

The additional facilities proposed (amenities block, cycle and pedestrian pathways, playing fields and lighting) will require ongoing maintenance, however the benefits to the community are considered significant.

 

The health of the playing fields will be monitored by Council staff and can be managed to a degree via Council’s booking system which can be used to limit the use of the park to appropriate levels.

 

This will help to ensure that the playing fields will maintain adequate grass cover through out the winter season, preventing unnecessary surface relaying following each season.

 

No additional safety issues or risks that do not already occur at the park or similar facilities in the LGA are envisaged as a result of the development.

Yes

Issue 10:

Funding

It is understood that ‘Funding’ for the proposed works is allocated per Randwick Council’s Capital Works programme.

Yes

 

8.    OTHER RELEVANT STATE LEGISLATION

 

8.1  Local Government Act 1993

 

The subject site is the responsibility of the Council with authority from the Minister for Conservation and Land Management (now known as the Department of Lands) and the Minister for Local Government. This authority is devolved to Council by Virtue of the Local Government Act 1993 and the Crowns Land Act 1989.

 

8.2 Companion Animals Act 1998

 

In accordance with Clause 13(6) of the Companion Animals Act 1998 “A local authority can by order declare a public place to be an off-leash area. Such a declaration can be limited so as to apply during a particular period or periods of the day or to different periods of different days. However, there must at all times be at least one public place in the area of a local authority that is an off-leash area”.

 

The Randwick LGA is regarded as being reasonably well served in terms of the provision of off leash dog exercise parks such that within the context of the City of Randwick there are 13 off leash dog exercise parks.

 

Pioneers Park is identified as a public place and dogs are allowed ‘off-leash’ in the park, however, they are limited to the areas of the park away from the sporting fields.

 

The main area used at present for ‘off –leash’ dog exercise is considered to be the upper tier of the park at the north western end.

 

The proposal seeks to reduce the ‘off-leash’ area available for use at all times of the day by a reasonably significant amount – i.e by the size of the two proposed playing fields plus the space of the Anzac Parade carpark and new amenities block.

 

Nonetheless it is considered that a considerable area, approximately 16,600m2 or 4 acres will remain available for off-leash exercising at the north western end. This area is proposed to be improved with new plantings and turf.

 

It is also noted that the proposed new pathways will be available to dog walkers for use, albeit on leashes. The paths effectively ‘skirts’ around the perimeter of the park and through the centre.

 

Public open spaces such as Pioneers Park accommodate many forms of recreation and sometimes the different activities may compete so that one use may preclude another from occurring at the same time. This is true where sporting fields are used for more formal organised activities and prevent that area from being used for informal recreation such as personal exercising and dog exercising. It is also true that the space used by dog walkers and particularly off-leash dog exercising can prevent the use of that space for other recreational activities such as personal exercise and organised sport.

 

To this ends it is considered that Pioneers Park is of sufficient capacity or size that when developed is capable of accommodating 5 sporting fields as well as providing adequate informal open space for dog walking and exercising amongst other recreational uses. during times when the 5 sporting fields are in use.

 

It is noted that a condition of consent has been recommended that requires adequate signage to be located in the park which clearly outlines the area that off-leash dog exercising may occur.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1 Likely Impacts

 

Use of the Park

 

The park is currently used as a recreational space with some facilities provided in the form of three sporting fields, lighting and associated amenity blocks. The park is split into two ‘tiers’, with the lower, southern tier, accommodating the existing three sporting fields and the upper, northern tier, generally free of structures and predominantly grassed with some vegetation along the eastern boundary.

 

The upper tier is not currently used by organised sporting groups and is open space used for casual recreation, personal exercising, dog walking and off-leash dog exercising, and the like.

 

A formed path exists along part of the western boundary of the site.

 

Amongst other works, the proposal seeks to construct two playing fields with lighting over part of the upper tier and build a system of paths capable of use by pedestrians and bicycle riders which will loosely run around the perimeter of the park as well as provide a link through the park between the playing fields on the upper level and the playing fields on the lower level.

 

The proposal is seeking to increase the capacity of the park to accommodate the needs of organised sporting groups such as the local soccer club and provide greater facilities to allow sporting competitions and training to occur at the park with more frequency and for a larger amount of participants.

 

It is noted that the playing fields are of a size that can be used for multiple sports including football, soccer, and hockey.

 

The addition of new paths is also expected to encourage greater use of the park by more walkers, joggers and bike riders.

 

A grassed area at the northern end of the park is proposed to be retained as a dog exercise area and informal open space. The grassed space itself is approximately 3.7 acres in area while the wider informal open space is approximately 7 acres in area.

 

It is considered that the proposal will increase opportunities for recreation at the park while maintaining an adequate amount of informal open space thereby allowing a continuation of the varied recreational uses of the park.

 

The operation of lighting for the use of sports fields at night time is seen as a benefit for sporting teams and organisations in the community and will have secondary benefits in that it will provide a higher level of safety for individuals using the park during those times when the lights are operating.

 

9.2 Traffic & Parking

 

159 properly formed (i.e. to Australian Standards, with kerb and guttering etc per Council’s standard requirements) carspaces are proposed where previously there has been approximately only 50 informal (unformed) carspaces.

 

A comprehensive Traffic Assessment report was prepared by GHD and submitted with the application. The report identified the existing conditions in terms of the road network, traffic volumes, traffic generation, crash statistics, and the pedestrian and bicycle environment. The report identified the projected traffic generation, future road network and intersection performance, parking and access requirements. The report also looked at the traffic generation during construction and the expected performance of the road network and intersections during construction.

 

The report makes recommendations with regard to signage and traffic calming installations and these recommendations have been adopted as recommended conditions of consent. The report also indicates that based on traffic generation predictions in the peak operating period the surrounding network would need to accommodate an additional 110 vph (vehicles per hour) as a result of the proposed development. The report concludes that the road network and proposed parking arrangements has capacity to accommodate the increase.

 

The application was referred to the RTA and Council’s Traffic Engineer. No objections were raised subject to imposition of recommended conditions which have been adopted as part of the recommended conditions of this report.

 

9.3.     Landscaping

 

The proposal will significantly improve the landscaping in an around the park. There is an overall plan for the park which includes pedestrian and cycle paths, various shrub beds and landscaped mounds, improved areas of grass and use of locally native species. The design of the landscaping responds to the mixed recreational uses of the park and the context of the site in terms of proximity to residential properties, adjoining bushland (associated with the rifle range) and busy Anzac Parade.

 

The removal of various existing trees at the southern end of the park has is considered acceptable subject to suitable replacement trees be planted in appropriate locations.

 

The proposed landscaping will enhance the aesthetic appeal and character of the park and it is noted that consent is not required for the majority of the landscaping work.

 

9.4.     Height, Form & Materials

 

The proposed lighting has been designed in accordance with the two (2) Australian Standards governing outdoor lighting systems including AS/NZS 4282-1997 “Control of Obtrusive Lighting” and AS /NZS 2560.2.3 “Lighting for Football (all codes)”. The light poles are sufficiently setback from adjoining residential properties and roadways so as to cause no adverse impacts in terms of bulk and scale or visual massing. 

 

The proposed amenities block is exempt development. Notwithstanding this fact, the amenities block is of single storey form and will not result in bulk or scale impacts, overshadowing or visual privacy impacts.

 

Materials used elsewhere in the proposal, including landscaping materials, are considered practical and consistent with the provision of public facilities in open space areas.

 

9.5.       Light Spill

 

Lighting from the proposed lights for the new sporting fields will be noticeable from residential properties in the vicinity however the impacts are not considered to be significantly adverse due to the considerable distance between the lights and the nearest residential properties (i.e. 80m to 130m).  The submitted Statement of Environmental Effects indicates that proposed lights for the two new sporting grounds are to comply with Australian Standards AS 4282 – 1997 (Control of the Obtrusive Effects of Outdoor Lighting) and conditions of consent have been imposed to enure as much.

 

It is considered the light spillage from the site will not result significant adverse impacts to residential properties in the vicinity of the site.

 

 

 

 

9.6.     Visual & Acoustic Privacy

 

Some noise and vibration will occur during construction from the use of machinery, however, these works will be restricted to standard construction hours over a limited timeframe. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

The use of the park at night and for organised sport can be expected to result in noise emissions. However, such noise impacts are considered compatible with the current use of the park and noise impacts that could reasonably be expected with recreational use of a public open space. The use of the two new sporting fields up to 9pm for two nights a week is compatible with the parks zoning and it is considered that the there is sufficient separation between the fields and residential properties to mitigate noise impacts.

 

The proposal will not result in any new opportunities for visual access from the park towards residential properties in the vicinity. The proposed landscaping at the northern end of the park is considered to provide a greater level of visual screening between southern sections of the park (including the new playing fields) and the residential properties to the north.

 

The proposal is considered not to result in significant adverse visual or acoustic privacy impacts.

 

9.7      Existing and Future Character: 

 

It is considered that the proposed facilities and upgrading of the park will not diminish the physical character of the park. The proposed built structures are relatively small in terms of overall building mass and built form and will not result in bulk and scale issues in terms of the streetscape or impact on adjoining residential properties.

 

The light poles and amenities building are considered to have a non-intrusive scale and mass and are compatible with the use of the site as a recreation facility. The proposal will not have an adverse visual impact on the natural features that contribute to the character of the park and will not result in significant visual impacts upon the locality.

 

Significant amounts of new plantings are proposed which will enhance the vegetation and aesthetic quality at the park and the proposed construction of new pathways will allow more people, including the mobility impaired people and cyclists to better access the various areas within the park.

 

The proposal allows sufficient space for competing recreational uses while increasing the capacity and capability of the park and locality to support organised sport.

 

It is considered that the proposal will improve the character of the park now and into the future and will go some way to achieving the aims and objectives of Council with regard District Parks as outlined in Council’s Plan of Management.

 

9.8      Social and Economic Impacts

 

The proposal will result in social impacts for the local community in terms of the way and frequency that the park will be used. As stated elsewhere in this report, the park is used for a range of recreational pursuits which in some instance may not always be carried out simultaneously, such that the use of park space for organized sport would exclude that space from being used by individuals for other recreational purposes such as bike riding, personal exercise, walking dogs, etc. The proposal has raised significant interest from people who use the park in many different ways and who have differing views on how the park should or should not be further developed.

 

The loss of ‘informal open space’ at the northern end of the park to allow for the creation of two new sporting fields is seen as a detrimental impact by some members of the community, while the construction and future use of two new playing fields is seen as a positive impact by some members of the community.

 

It is considered that the net outcome of the proposed development will be positive in that the park will provide greater opportunities for organised recreation while maintaining an adequate amount of area, of an improved quality, for non-organised recreational activities.

 

In this regard the net social impacts are considered to be positive.

 

The works are to be funded by Council and the park will remain open to the public. It is not considered that the works and general upgrade of the park will result in significant adverse economic impacts upon adjoining properties, the locality or upon the users of the park.

 

9.9      The Suitability of the Site for the Development

 

The preceding sections of this report demonstrate that the site is suitable for the proposed development. There are no significant natural or environmental constraints that would hinder the development or recreational use of the park for.

 

9.10    The Public Interest

 

The development of land in an orderly and economic way is in the public interest. The proposal will improve the facilities of the park and will facilitate increased sporting and active recreational use while maintaining a balance of open space for informal recreational pursuits and dog exercising.  The proposal accords with the objectives of the applicable Plan of Management and is considered to be in the Public interest.

 

10.  RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome:        Excellence in recreation and lifestyle opportunities.  

Direction:        A range of cultural, sporting and leisure activities.

Key Action:      Recognise and promote opportunities for residents and visitors to engage in sports and other cultural pursuits.

 

11.  FINANCIAL IMPACT STATEMENT

 

The proposed lights and playing fields infrastructure will be funded from the sports field’s budget 2007 – 08.

 

The rehabilitation works are funded from the domestic waste reserve and are within the current budget.

 

The amenities block will be funded from the future Parks and Capital Works Program.

 

 

 

12.  CONCLUSION

 

The development proposed under this application meets the objectives and performance requirements of the Council. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the park and its locality. The proposal allows for the park to continue being used for a variety of recreational pursuits as well as increased opportunities for organized sporting activities to be carried out.

 

The proposal is recommended for approval subject to compliance with conditions of consent.

 

 

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 90/2007 for development comprising remediation, landscaping, construction of pathways, playing fields with lighting, construction of three carpark areas providing parking for a total of 159 cars and construction of single storey amenities building, at Pioneers Park.

 

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 A1 Drawing No: 21-15005-C003 to 21-15005-C006 Revision A (inclusive) 21-15005-C100 to 21-15005-C108 Revision (inclusive), 21-15005-C200, 21-15005-C200 and 21-15005-C300 to 21-15005-C302 Revision C, the application form and on any supporting information received with the application, except as may be amended by the following conditions as may be shown in red on the attached plans:

 

2.     A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282-2997 Control of Obtrusive Lighting prior to the commencement of the use of the sports fields for training sessions

 

3.     The light towers must only be operated for two nights of the week up until 9:00pm.

 

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

 

4.     Prior to issuing a construction certificate for the development OR prior to the use of the new fields (which ever comes first)  the land must be remediated to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and the following requirements must be complied with:

 

a)     A Remediation Action Plan (RAP) is required to be prepared and be submitted to Council prior to commencing remediation works.  The RAP is also required to be reviewed by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor.

 

b)     The RAP is to be prepared in accordance with the relevant Guidelines made or approved by the NSW Department of Environment and Conservation, including the Guidelines for Consultants Reporting on Contaminated Sites.

 

This RAP is to include procedures for the following:

 

·      Excavation of Hydrocarbon-contaminated soil,

·      Site management planning,

·      Validation sampling and analysis,

·      Prevention of cross contamination and migration or release of contaminants,

·      Ground water remediation, dewatering, drainage, monitoring and validation,

·      Unexpected finds.

 

c)     Prior to commencing any remediation works, a written statement is to be provided to the Council by the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

 

d)     The applicant is to engage a NSW Department of Environment and Conservation Accredited Site Auditor, accredited under sections 49 and 50 of the of the Contaminated Land Management Act 1997. The Site Auditor is to assess the suitability of the site for its intended development and use.  The Site Audit Statement and Summary Site Audit Report is to be submitted to Council and must verify that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and Council must be consulted with prior to the development of the EMP.

 

e)     Remediation works shall be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Department of Environment and Conservation and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999, the Protection of the Environment Operations Act 1997 and Guidelines for the Assessment of On-site Containment of Contaminated Soil, prepared by Australian and New Zealand Environment and Conservation Council, 1999.

 

 

f)      Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

g)     A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. A copy is to be forwarded to Council. The Site Remediation Management Plan shall include measures to address the following matters:

·            general site management, site security, barriers, traffic management and signage

·            hazard identification and control

·            worker health & safety, work zones and decontamination procedures

·            prevention of cross contamination

·            site drainage and dewatering

·            air and water quality monitoring

·            disposable of hazardous wastes

·            contingency plans and incident reporting

·            details of provisions for monitoring implementation of remediation works and persons/consultants responsible.

 

h)     The site remediation must be completed to the satisfaction of the Accredited Site Auditor and the written concurrence of Councils Manager Environmental Health and Building Services must be obtained prior to the issuing of the construction certificate.

 

i)        The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

5.     The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

6.     Site remediation must be carried out in accordance with the following general requirements (as applicable):

 

a)       Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works, and

 

b)       The Environmental Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

c)       Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

On-site land farming of contaminated soil is not permitted, except with the written approval of Council’s Manager of Health, Building & Regulatory Services.

 

d)       All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

e)       Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

f)       Remediation work shall be conducted within the following hours:

Monday – Friday       7am – 5pm

Saturday                 8am – 5pm

No work permitted on Sundays or Public Holidays

 

g)       A sign displaying the contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access.  This sign shall be displayed throughout the duration of the remediation works.

 

h)       Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council immediately.

 

7.     Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·       New South Wales Occupational Health and Safety Act, 2000;

·       The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·       Protection Of the Environment Operations Act 1997 (NSW) and

·       Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

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

         

8.       The proposed use of the park 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.

 

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:

 

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

 

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

 

10.   The Amenities buildings are to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises and details of compliance are to be included in the documentation for the construction certificate to the satisfaction of the certifying authority.

 

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

a)  Food handling – skills, knowledge and controls.

b)  Health and hygiene requirements.

c)  Requirements for food handlers and businesses.

d)  Cleaning, sanitising and maintenance.

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i)        Adequate fly screens and doors with self-closing devices, (where applicable), are to be provided to all external door and window openings.  An electronic insect control device must also be provided within the food premises.

 

j)        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.

 

k)       A mechanical ventilation exhaust system hood is to be installed where cooking 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.

 

l)        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.

 

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

 

n)       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.

 

o)       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.

 

The RTA has reviewed the development application and granted its concurrence under Section 138(2) of the Roads Act to the development application subject to the following conditions:

 

16.   The proposed new entry and exit driveway crossings along Anzac Parade must be constructed generally in accordance with the Plans (Drawing No: 21-15005-c101, Rev: B, Dated: 02/02/07 and Drawing No: 21-15005-C102, Rev:B, Dated: 02/02/2007).

 

17.   The proposed entry and exit driveways to Anzac Parade are to be appropriately signposted

 

18.   the entry/exit points to Anzac Parade must comply with the appropriate sight distance criteria as stated within Section 3.2.4 of AS 2890.1 – 2004.

 

19.   The layout of the off-street parking areas associated with the subject development (including, grades, turn paths, sight distance requirements, aisle widths, and parking bay dimensions) should be in accordance with AS 2890.1-2004.

 

20.   Detailed civil design plans of the proposed driveway crossings, kerb and gutter works and fully pit re-construction should be submitted to Council for approval.

 

21.   All works/regulatory signposting associated with the proposed development will be at no cost to the RTA.

 

22.   Any traffic control during construction must be carried out by accredited RTA approved traffic controllers.

 

23.   The proponent is to arrange with the RTA’s Transport Management Centre any required road occupancy licenses during construction.

 

24.   Council is to ensure that all vehicles during construction enter and exit the site in a forward direction.

 

25.   The proposed on-street car parking should only comply with the requirements of AS 2890.5 – 1993.

 

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 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 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 works, the person having the benefit of the development consent must:-

 

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

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

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

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

 

30.   The 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 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 encompassed in this development consent, 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 must also be provided to Council with the occupation certificate.

 

34.   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.

 

35.   Prior to the issue of the Occupation Certificate or Final Certificate signage is to be installed in the vicinity of the open space at the northern end of the park. The signage shall be located in a clearly visible location and shall indicate that the extent of the “off-leash” dog exercise area and the times at which “off-leash” exercising is permitted.

 

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:

 

36.   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 contractors for assessment.

 

37.   All excavations and backfilling associated with the erection of the works 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.

 

38.   Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

All site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday. In addition, the use of any rock excavation machinery or any mechanical pile drivers or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

39.   Noise and vibration emissions during the construction 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.

 

40.   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.

 

41.   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.

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the work site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

The public safety provisions and temporary fences must be in place prior to the commencement of any site works and be maintained throughout construction.

 

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

 

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

 

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

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

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

 

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

 

44.   A Certificate 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 the issuing of occupation certificate, which certifies the structural adequacy of the light towers and that the works complies with the relevant structural design requirements of the Building Code of Australia.

 

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

 

45.   A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

46.   Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

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

 

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

 

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

 

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

 

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

 

50.   Landscape works at the site shall be installed substantially in accordance with the Landscape DA Plans, L01-2, drawing numbers 21-15005-C300 – 301, revision C, dated 22.02.07 and stamped received at Council on 27 February 2007, subject to the following additional information being shown on amended plans, to the satisfaction of the certifying authority, prior to the issue of a construction certificate:

 

a.       Confirmation, through the inclusion of existing and proposed levels, that re-grading/re-profiling works will not result in an increase of surface flows or runoff towards the area of bushland located beyond the northeast corner of the site.

 

b.       The applicant will be required to demonstrate that any species proposed for use at the site, which have been identified as occurring naturally in the adjoining bushland reserve, will be sourced from local provenance stock through Randwick Council’s Community Nursery who can be contacted on 0399-0933.

 

c.       Provision of additional Banksia integrifolia (Coastal Banksia’s) in the southwest corner of the site in order to compensate for the loss of the recently planted row of the same species on the Cromwell Place nature strip which need to be removed to accommodate the proposed car parking bay in the location shown.

 

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

 

52.   Any areas of naturestrip upon either Council's footway or within the site which are damaged as a result of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Couch CT2 var (Cynodon dactylon) for those areas within the site, and Kikuyu for the nature strip. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

 

Tree Management

 

53.   With the exception of the grove of five Eucalyptus botryoides (Bangalay), and three Banksia integrifolia (Coastal Banksia) towards the southwest corner of the site, fronting onto Cromwell Place, which are to be retained, approval is granted for the removal of all other existing trees within the site boundaries which need to be removed in order to accommodate remediation works as shown.

Bushland Conditions

 

54.   In order to prevent damage or disturbance to the area of remnant bushland beyond the northeast corner of the site, the following measures are to be undertaken:

 

a.       All detailed documentation submitted for the construction certificate application will be required to show that the subject area will be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, where adjacent to the proposed works, finishing flush with the ground level.

 

b.       Shade/silt cloth shall be permanently attached to this fencing for its full length and height, in order to prevent any foreign matter entering the area during the course of the works.

 

c.       Both the fencing and filter fabric shall be installed prior to the commencement of construction works and shall remain in place until all works are completed, with the words “REMNANT BUSHLAND PROTECTION ZONE, DO NOT ENTER", clearly displayed.

 

d.       There is to be no pedestrian or vehicular access to the bushland, as well as no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble adjacent to the bushland.

 

Advisory Conditions

 

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

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART MCDONALD

DIRECTOR, CITY PLANNING

SJB PLANNING

 


Director, City Planning Report

34/2007 

 

 

SUBJECT:

2-4 Gubbuteh Road, Little Bay

 

 

DATE:

13 June, 2007

FILE NO:

DA/1107/2006

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

INTRODUCTION:

 

Development Application No. 1107/2006 for the erection of a 5 storey residential development comprising 28 apartments, basement carparking for 37 vehicles, landscaping and strata sub-division at 2-4 Gubbuteh Road, Little Bay was considered by the Health, Building and Planning Committee on 12 June 2007. At the meeting, Council resolved that:

 

“…this matter be deferred to obtain more information from the applicant on the environmental merits of this proposal and for further consideration by the Councillors.”

 

CONCLUSION:

 

At the time of writing this report a briefing of Councillors was schedule for the 19 June 2007, in which the applicant’s consultant architect explained the environmental design of proposal. The outcome of the briefing session is not known at this stage, however the original Council recommendation is provided for Council.

 

RECOMMENDATION:

 

A.     THAT Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 30A(2) and 30A(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio and maximum wall and building height, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

AND

 

B.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/1107/2006 for the erection of a residential building over basement carparking comprising 28 dwellings, 37 carpark spaces, landscaping, strata subdivision being four storeys and a loft level in height, at 2-4 Gubbuteh Road, Little Bay, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered DA 03 to DA 10, Issue A, all dated 20 March 2007 and stamped received by Council on 23 March 2007, the draft strata plans in 8 sheets prepared by Whelans, Surveyor’s Reference D007-002.dwg dated/printed 4 December 2006 and stamped received by Council 19 December 2006, the Sustainability Report No S4053, Lot 24, Revision C, dated 13 December 2006 and received by Council on 19 December 2006, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours finishes of the external surfaces to the building are to be compatible with the coastal and bushland setting of the Prince Henry Site to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours 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.       All window joinery and louvre screens shall have anodised aluminium finish (of suitable quality for coastal conditions). Details of these finishes 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.

 

4.       Details of bicycle storage in the basement indicating compliance with the Development Control Plan – Parking shall 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 development.

 

5.       Details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site shall be submitted to and approved by Council prior to a Construction Certificate being issued for the development. 

 

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

 

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

 

8.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

9.       The proposal shall incorporate the natural, low technical/mechanical and organised Crime Prevention Through Environmental Design (CPTED) treatment options recommended by the NSW Police in its letter dated 11 April 2007.

 

10.     Public access to the visitor’s carparking spaces is to be maintained at all times and, if required, an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use. This approval does not include the installation of any roller doors or gates or the like to the carpark, without the prior development consent of Council.

 

11.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

12.     A pedestrian link between Gubbuteh Road and the adjoining northern land (currently owned by the UNSW and subject to DA No. 264/2007) shall be provided as shown on the amended landscape plan drawing no. 26035_DA01 dated 11/05/2007 received by Council on 14/05/2007. Details of the pedestrian link shall 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 development.

 

13.     One residential carparking space will be deleted and reassigned as a visitor carparking space. Details 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.

 

14.     The stacked carparking spaces 15R and 16R in the basement carpark shall both be allocated to one/single dwelling unit. Details are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

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

 

15.     Upon completion of the development and prior to the issuing of the occupation certificate, documentary evidence is to be submitted to the Council by the Principal Certifying Authority (or other suitably qualified person on behalf of the owner of the premises, to the satisfaction of Council) which confirms that the development has been carried out in accordance with the relevant development consent conditions.

 

16.     The registered proprietor of the land the subject of this consent shall enter into a positive covenant that no right of exclusive use and enjoyment of the whole or any specified part of the area or areas designated as common area or similar in the approved plans will be conferred on any person or persons without the prior approval of Randwick City Council.

 

17.     Where the plans which are the subject of this consent reserves parking spaces and/or courtyards for the exclusive use and enjoyment to an occupier of the land, the registered proprietor shall enter into a positive covenant that no change will be made to such reservations without the prior approval of Randwick City Council.

 

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

 

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

 

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

 

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

 

  a)    for the provision or improvement of open space    $9519.34

  b)    for the provision or improvement of community facilities   $4208.93

  c)    Administration fee $425.00  

 

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

 

The following conditions are applied to ensure the protection of heritage and archaeological significance of the site:

 

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

 

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

 

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

 

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

 

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

 

 

 

 

 

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

 

25.     The development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter from the Council dated 26 March 2007.

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

26.     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 (excluding plant and equipment during the construction phase) 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.

 

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

 

28.     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 that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations:

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

ii)       appoint a principal contractor for the building work, 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.

 

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

 

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

 

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

 

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

 

34.     A sign must be erected and maintained in a prominent position on the site 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,

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

 

35.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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 relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

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

 

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

 

37.     In accordance with clause 98 of the Environmental Planning & 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.

 

38.     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.

 

39.     A single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule, must be obtained prior to issuing an Occupation Certificate and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

40.     As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

41.     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.

 

42.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

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

 

43.     A Certificate 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, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

44.     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.

 

45.     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.

 

46.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (except as detailed below) between 8.00am to 5.00pm on Saturdays.

 

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

 

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

 

47.     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.

 

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

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

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

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     A Construction Site Management Plan is to be developed and implemented 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 and 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 provisions.

 

The site management measures are to be implemented prior to the commencement of any site works and be maintained throughout the works, to maintain reasonable levels of public health, safety and convenience to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

53.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·    Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

55.     The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

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

 

If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

        If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

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

 

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

 

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

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

 

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

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

·       Placement of a waste skip or any other container or article on the road, nature strip or footpath.

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

58.     Access and provisions for people with a disability are to be provided to the development generally in accordance with the relevant requirements of Part 5.4 of Council’s Development Control Plan for Multi-Unit Housing, AS 1428.1 – Design for Access and Mobility and AS 4299 – Adaptable Housing. Details are to be included in the Construction Certificate to the satisfaction of the certifying authority.

 

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

 

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

 

a.  Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b.  Remove 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.

 

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) and the relevant sections of the approved civil works specification for the Prince Henry development site.

 

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

 

61.     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. The Construction Certificate plans must demonstrate compliance with this requirement, particular attention should be given to the design gradients along the inside edge of the proposed internal driveway.

 

62.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

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

 

63.     The design alignment level (concrete/paved/tiled level) at the Gubbuteh Road property boundary for driveways, access ramps and pathways or the like, must match the back of the footpath levels along the full site frontage.

 

64.     The design alignment level at the Anzac Parade property boundary for driveways, access ramps and pathways or the like, must match the back of the footpath levels along the full site frontage.

 

65.     The design alignment level (concrete/paved/tiled level) at the Anzac Parade property boundary for driveways, access ramps and pathways or the like, must match the back of the footpath levels along the full site frontage.

 

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

 

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

 

67.     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.

 

68.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

76.     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 24 being discharged through the underground drainage system into the on-site stormwater detention system within Lot 20.

 

77.     A reflux valve shall be provided (within the site) over any pipelines discharging from the site into the future Council controlled drainage system to ensure that stormwater from the future Council controlled drainage system does not surcharge back into the site stormwater system.

 

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

 

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

 

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

 

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

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

 

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

 

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

 

 

 

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

 

 

 

 

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

 

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

 

80.     Three covered car washing bays shall be provided for this development.

 

a)       The car washing bays must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay/s may be located within the visitor parking spaces provided they are signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

c)       The car washing bays must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

d)       A water tap shall be located adjacent to the car washing bay/s.

 

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

 

a.       Finished site contours at 0.2 metre intervals;

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

c.       Details of any infiltration/absorption systems; and

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

 

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

 

83.     As the above site may encounter seepage water within the depth of the basement excavation the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify that the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)  Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)  Adequate provision is to be made for the seepage water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the seepage water through the development site). Seepage water is not to be collected and discharged from the site

 

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

 

84.     The waste storage areas shall be sized to contain a total of 28 bins (14 x 240 litre garbage bins and 14 x 240 litre recycling bins) whilst providing satisfactory access to these bins.

 

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

 

86.     The waste storage areas shall be clearly signposted.

 

87.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site. The Waste Management plan shall be in general accordance with the relevant section of Stockland’s letter to Council dated 15/2/2007, responding to Council’s letter of 1/2/2007.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

         

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

 

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

 

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

 

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

 

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

                  

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

92.     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.

 

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

 

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

 

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

 

94.     A Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) have been issued for this site. An “Unexpected Finds Protocol” forms part of these documents and shall be complied with as part of this consent. These documents shall be included in all leases and sales contracts.

 

95.     The builders, site workers and the Principal Certifying Authority for this development are to be made aware of this unexpected finds protocol and it requirements prior to any works commencing.

 

96.     Details of and unexpected finds, including the details of any investigation procedures, remedial actions and validation undertaken shall be forwarded to the Council accordingly.

 

97.     Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material  ’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

98.     Any new information which comes to light during construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

99.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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:

 

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

 

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

 

101.    The acoustic report titled “Super lot 24 Prince Henry at Little Bay – Acoustic Report for DA Submission” report number 20C-06-0173-TRP-204666-1, prepared by Vipac Engineers and Scientists Ltd dated 28 November 2006, and the recommendations contained within, form part of this consent.

 

102.    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.

 

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

 

104.    The applicant is to engage the services of a suitably qualified environmental consultant (or similar) to respond to enquiries and complaints made by the community, the general public or Council in relation to Contamination, remediation, excavation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after hours emergency contact number). A complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to these enquiries and complaints. This register shall be made available to council officers upon a reasonable request.

 

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:

 

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

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification        must comply with the provisions of the Building Code of Australia (BCA).

 

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.

 

The applicant/developer is also advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

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

 

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

 

A2.     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:

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

ENVIRONMENTAL PLANNING OFFICER

 


 

Director, City Planning Report 35/2007

 

SUBJECT:

29 Byrne Crescent, MAROUBRA

 

 

DATE:

14 June, 2007

FILE NO:

DA/95/2007 & PROP048191

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for Section 82A Review of Council’s Refusal of consent to construct a swimming pool in the front yard and construct new front fencing at No. 29 Byrne Crescent, Maroubra.

 

 

 

RECOMMENDATION:

 

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

 

 

 

ATTACHMENT/S:

 

Development Application Report dated 12 June 2007.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CHAHRAZAD RAHE

DIRECTOR, CITY PLANNING

ASSESSMENT PLANNER


 

Development Application Report

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

12 June, 2007

FILE NO:

DA/95/2007 & PROP048191

 

PROPOSAL:

 A review of determination to Section 82A - Review of Council's refusal of consent to construct swiming pool in the front yard and construct new front fencing.

PROPERTY:

 29 Byrne Crescent, MAROUBRA.

WARD:

 Central Ward.

APPLICANT:

 Mr P A Cinelli.

OWNER:

Peter & Julie Cinelli.

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The Section 82A Review application is referred to the Ordinary Council Meeting for determination at the request of Councillors Margaret Woodsmith, Murry Matson, Bradley Hughes, and Anthony Andrews.

 

The application was notified to adjoining and nearby property owners.  A number of objection letters were received.  The main issues raised in the objections were related to the height of the fence and its relationship to the street, the swimming pool will be out of character in the street, reduced soft landscaping and that the pool will impact on noise and privacy of adjoining dwellings.

 

The recommendation is for approval subject to conditions, which requires the swimming pool to be amended, the child proof fencing run perpendicular to the northern side boundary and a strip of screen planting is to be provided in between the driveway and child poof fencing.

 

2.    STATUTORY REQUIREMENTS UNDER SECTION 82A:

 

Section 82A of the Environmental Planning and Assessment Act 1979, as amended, enables an applicant to request a Review of a Determination of a Development Application or condition/s of Development Consent. Council may accept amendments to the original development proposal if the proposed amendments result in substantially the same development as that originally described in the development application. Council may review the Determination, and as a consequence of the review, may confirm or change the Determination.

 

3.    PROPOSAL

The proposal is for the construction of an inground swimming pool in the front of  the existing dwelling. The proposal also includes a new front fence with a maximum height of 1.35m and a part side boundary fence to the southern boundary with a maximum height of 1.4m. A new metal gate 5.5m wide is also proposed to the Byrne Crescent frontage.

 

4.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Byrne Crescent and is presently occupied by an existing two storey dwelling.  The site is irregular in shape and has a frontage width of 15.25m, a south and north side boundary depth of 32.7m and has an overall site area of 461.6sqm. 

 

Neighbouring the property to the north is a single storey dwelling, to the south is a two storey dwelling and to the rear is the open space that forms part of the Anzac firing range owned the Department of Finance and Administration. The surrounding area is residential in character and consists predominantly of detached residential dwellings with some residential flat buildings to the south.

 

5.    APPLICATION HISTORY

 

     The original application was lodged on 8 February 2007 and notified to the surrounding properties from 13 February to 1 March 2007. Three objections were received during the notification period and each raised concerns regarding the potential impact of the proposal on the character of the established streetscape, the inappropriateness of the proposal specifically to the location of the swimming pool and the inability of the proposal to satisfy the aims and objectives of the Randwick LEP and the performance requirements of the Dwelling Houses and Attached Dual Occupancies DCP.

 

     The application was subsequently refused on 8 March 2007 under delegated authority for the following reasons:

 

1.     The proposed development does not satisfy the objectives of the Randwick Local Environmental Plan 1998 in that the proposal will compromise the amenity of the surrounding residents and is not compatible with the dominant character of the existing built environment.

 

2.     The proposal does not comply with the objectives and performance requirements of the Visual and Acoustic Privacy section of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

3.     The proposed front fences will be visually obtrusive in the local streetscape and will detract from the character of the existing streetscape.

 

A Section 82A application to review the above determination was lodged on 24 April 2007.

 

6.    COMMUNITY CONSULTATION:

 

The Section 82A application has been notified in accordance with the DCP – Public Notification. The following submissions were received:

 

6.1      Objections

 

Lynette Falconer - 18 Byrne Crescent, MAROUBRA NSW 2035

 

Issue

Comment

The proposed front fence is too high and will be out of character with the existing fencing in the street.

The proposed height of the front fence is 1.2m and varies to 1.35m and part of the north side boundary fence will have a maximum height of 1.4m.

 

The height of the fence is considered to be generally consistent with the surrounding fencing form and height.  It is considered that the proposed fencing will not alter the appearance of the site or impact on the character of the Byrne Crescent streetscape. 

The inclusion of screen planting in-between the driveway and child proof pool fencing, this should partially screen off the pool when viewed from the street.

The proposed swimming pool in the front yard of the subject property is out of character in the street and will adversely affect the environment, by interfering with the quiet and peaceful street and will introduce an unnecessary danger.

Whist it is acknowledged that swimming pools to the front of the dwelling are uncommon in the surrounding area (only one other example in the street at no.9 Byrne Crescent), it is not considered that the swimming pool to the front of the dwelling will significantly alter the established character of Byrne Crescent and nor will it result in any significant adverse impacts to the surrounding properties to justify refusal of the application.  The inclusion of screen planting in-between the driveway and child proof pool fencing and reducing the size of the pool should soften the appearance of the development in the streetscape.

 

The proposed swimming pool is not considered to pose a safety hazard.  The swimming pool is conditioned to comply with the Swimming Pools Act which includes safety fencing.

Noise from the proposed swimming pool.

Swimming pools are present on numerous adjoining and neighbouring properties.  The noise generated by the use of swimming pools is common to a residential environment and as such it is considered that the use of the pool in a responsible manner would not result in any adverse noise impacts.

  

Conditions relating to limiting any potential noise from swimming pool plant and equipment have been included in the consent.

The proposed swimming pool will be able to be overlooked by adjoining and neighbouring properties.

A condition of consent has been included to increase the level of soft landscaping in the front yard which will increase privacy.

Pool does not comply with the Australian standard for a hydrotherapy pool (and the use of the pool).

The applicant has indicated in the statement that the pool is necessary for his wife as she has suffered a stroke and requires constant hydro-therapy.   The pool will be used for general purposes in conjunction with the hydro-therapy treatment.

 

Compliance with the hydrotherapy pool Australian standard is not necessary.

The swimming pool in the front yard will create a safety hazard for children considering its visibility and depth regardless of safety fencing.

The proposed swimming pool is conditioned to comply with the Swimming Pools Act which includes safety fencing. The proposal is not considered to pose a safety hazard and visibility to the proposed swimming pool will be decreased by a recommended condition for soft landscaping adjacent to the pool.

The property value of the applicant’s and surrounding homes will be de-valued.

The provision of a swimming pool to the subject site would not impact on the property values of neighbouring properties.

 

Leta Webb - 20 Byrne Crescent, MAROUBRA NSW 2035

 

Issue

Comment

Incompatible with the streetscape character and LEP objectives.

Subject to the swimming pool being modified and screen planting provided along the southern side of the pool in-between the driveway and child proof pool fencing, it is considered the proposed development will be consistent with the relevant Residential 2A (Residential A Zone) objectives.  See Section 10 of this report for more detail.

The proposed swimming pool in the front yard of the subject property will decrease the amount of soft landscaping in comparison with other neighbouring properties.

A condition is included which requires a strip of screen planting to be provided in-between the driveway and child proof pool fencing.  This should soften the look of the front yard and partially screen off the pool once viewed from the street.

Height of the proposed fence will be visually dominant however the fence height is not sufficient in providing visual and acoustic privacy and will be overlooked by those in the street.

The proposed height of the front fence is 1.2m and varies to 1.35m and part of the south side boundary fence will have a maximum height of 1.4m.

 

The height of the fence is considered to be generally consistent with surrounding fencing form and height.  It is considered that the fencing will not substantially alter the appearance of the site or impact on the character of the Byrne Crescent streetscape. 

 

The inclusion of screen planting in-between the driveway and child proof pool fencing should partially screen off the pool once viewed from the street.

The swimming pool in the front yard of no. 9 Byrne Crescent is small and the front yard does not retain substantial soft landscaping.

The pool will be used for therapeutic purposes and with the inclusion of screen planting in-between the driveway and child proof pool fencing, this should increase the amount of soft landscaping on the site and improve the look of the front yard.

No site analysis or street elevation has been provided with the application.

A site plan has been submitted and this is considered sufficient for the assessment of the application.

The reduction in the landscaped area will not maximise the opportunity for stormwater infiltration.

A suitable condition is included in the recommendation, which will in fact increases the soft landscaping on the site.  This will improve stormwater management and the appearance of the front yard.

Approval of the swimming pool will create an undesirable precedent.

Whist it is acknowledged that this type of development is not relatively common in the surrounding area it is not considered that the fencing and swimming pool to the front of the dwelling will significantly alter the established character of Byrne Crescent and nor will it result in any significant adverse impacts to the surrounding properties to justify refusal of the application.

Application does not address ecologically sustainable development.

The swimming pool is less than 40,000 litres not requiring the applicant to submit a BAXIS certificate for the energy and water conservation on the site.

Swimming pool appears too deep for rehabilitation purposes and a noise condition should be included to limit any noise from heating equipment.

Conditions of consent have been included limiting the potential noise impacts from the swimming pool plant and equipment. See conditions no’s. 27 to 29.

There are alternative locations for the swimming pool on the subject property.

Subject to conditions the proposal is considered acceptable in the location and does not warrant relocation of the swimming pool.

The proposal will decrease the value of properties in the street.

The provision of a swimming pool to the subject site would not impact on the property values of neighbouring properties.

 

Mr. Alan Wing & Mrs. P. Wing  - 33 Byrne Crescent, MAROUBRA NSW 2035

 

Issue

Comment

The proposal does not “maintain the character of the established residential” – Randwick LEP objectives.

Subject to the swimming pool being modified and screen planting provided along the southern side of the pool in-between the driveway and child proof pool fencing, it is considered the proposed development will be consistent with the relevant Residential 2A (Residential A Zone) objectives.  See Section 9.1 of this report for more detail.

The proposed front fence will have a “negative impact upon the look and feel of the street”.  The height of the fence is not sufficient enough to provide privacy.

The proposed height of the front fence is 1.2m and varies to 1.35m and part of the north side boundary fence will have a maximum height of 1.4m.

 

The height of the fence is considered to be generally consistent with the surrounding fencing form and height.  It is considered that the proposed fencing will not alter the appearance of the site or impact on the character of the Byrne Crescent streetscape. 

 

The inclusion of screen planting in-between the driveway and child proof pool fencing should partially screen off the pool once viewed from the street and act as an acoustic buffer between the objector and subject property.

 

The proposed swimming pool is “completely out of character with the other houses in the street” and would be more suited at the rear of the site.

Whist it is acknowledged that swimming pools to the front of the dwelling are uncommon in the surrounding area (only one other example in the street at no.9 Byrne Crescent), it is not considered that the swimming pool to the front of the dwelling will significantly alter the established character of Byrne Crescent.  Further, it would not result in any significant adverse impacts to the surrounding properties to a level to justify refusal of the application.  The inclusion of screen planting in-between the driveway, child proof pool fencing and reducing the size of the pool the appearance of the development would be compatible with the streetscape.

 

Subject to conditions the proposal is considered acceptable in the location and does not warrant relocation of the swimming pool.

The proposed wall will “close in and greatly impede the appearance of the street” from the objector’s property.

Given the typography of the site the wall on the northern side common boundary will appear to be much higher than the fence along the street frontage and southern common wall boundary.  It is not considered this wall be intrusive or out of character with the existing streetscape.  Existing planting on the adjoining property will obscure the vision of the wall northern wall.

The proposed swimming pool is located near the objector’s front study.  The use of the pool will adversely impact the use of that room due to noise generation.

Conditions are imposed to ensure that the pool equipment is enclosed adequately with in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.  It is also conditioned that screen planting be provided in between the driveway and child proof fencing provided, and this should increase the privacy levels and also act as an acoustical buffer.

Concerned that the pool will not be used as intended as a hydrotherapy pool and will not comply with Australian Standards. The standard states that an alarm system and telephone be provided for hydrotherapy pools, this has not been provided on the plans.  Concerned that if an alarm was installed this will have a potential noise impact to their bedroom windows which are located to the front of the dwelling.

The pool will be generally used for therapeutic purposes.

 

Standard Conditions have been included limiting the potential noise impacts from the swimming pool plant and equipment.  See proposed conditions no’s. 27 to 29.

Irregularities and issues with process.

Correct procedures have been followed with this application.  The submission period was extended by 1 week in order to allow neighbours adequate time to prepare submissions.  Council staff have not indicated the application would be approved prior to a site inspection being undertaken and the completion of assessment.

The front yard of the sites along Byrne Crescent are open, wide and welcoming.

It is not considered that the proposed front fence will significantly alter the open nature of the front yards in the street.  The inclusion of screen planting between the driveway and child proof fencing should soften and improve the look of the front yard.

The meter box and a large water tank have already been installed on site.

Rainwater tanks can be classified as Exempt Development under Council’s Exempt and Complying DCP provided certain limits and requirements are met.

 

Mr Nam Chul Kim – 31 Byrne Crescent, Maroubra NSW 2035

Issue

Comment

The objector is concerned that the proposal will have a significant impact to their visual and acoustic privacy.

It is acknowledged that there may be some acoustic impact as a result of the pool.  However, it is not envisaged that the noise impacts will be significant if the pool is used in a responsible manner.

 

A condition is included requiring screen planting to be provided between the driveway and child pool fencing.  This will increase the privacy between the dwellings and act as an acoustical buffer.

The front fence will be “very conspicuous and alter the entire streetscape” of this section of Byrne Crescent.

The proposed height of the front fence is 1.2m and varies to 1.35m and part of the south side boundary fence will have a maximum height of 1.4m.

The height of the fence is considered to be generally compatible with the existing fencing form and height in the street.

 

The inclusion of screen planting in-between the driveway and child proof pool fencing will partially screen the pool from the street.

The approval of the front fence will set an unwelcome precedent to the front of the property.

It is considered that the approval of the front fence will not set an undesirable precedent or adversely impact the amenity of the street.  Discussed above and Section 9.1 Policy Controls – Fences.

The proposal is not consistent with the objectives of the 2A residential zone.

The proposal is consistent with the relevant 2A zone objectives. See Section 10 of this report for more detail.

Irregularities and issues with process.

Correct procedures have been followed with this application.  The submission period was extended by 1 week in order to allow neighbours adequate time to prepare submissions.  Council staff have not indicated the application would be approved prior to a site inspection being undertaken and the completion of assessment.

If the front fence is approved, there will be various impacts.  Security impact and economic impacts.

It is considered that the front fence will not create a major security concern or impact on the economic value of the surrounding properties.  Adequate street surveillance is maintained, the front door is visible from the street and more than one habitable room window overlooks the street.  The objectives and performance requirements for safety and security in the DCP are satisfied.

 

The impact on the economic value of surrounding development is not a matter for planning consideration.

The common boundary fence to the front is unsightly and will cast a shadow over the plants along the common wall boundary.

The proposed height of the southern side common boundary fence varies from 1.2 to a maximum height of 1.4m.

 

A fence height of this nature to the front of the dwelling is common and it is not considered that the fence will be significantly out of character with the existing street frontages and character of the area.

 

The additional overshadowing as a result of the common boundary fence is not considered to be sufficient to justify refusal of the application. 

 

Note: A further submission was received by the above objector advising that illegal works may have been carried out on the site to enclose the first floor balcony and roof structure.  This issue does not relate to this Section 82A application and has been referred to the Manager of Environmental Health and Building Services for appropriate action.

 

7.    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:-

 

 

 

 

7.1 BCA Classification

 

Under the building code of Australia, the classification of the building is: -

Non-habitable building/structure – Class 10a (swimming pool)/10b (fence)

 

6.2      Development Engineers

 

The application has been referred to Development Engineering for comment. No objections were raised subject to conditions with any approval.  The following comments were made:

 

An application has been received for construction of a new front fence and swimming pool at the above site.

 

This report is based on the following plans and documentation:

    Dwg No 5/07 by P Banfield dated 7/2/07.

 

Landscape Comments

 

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

 

8.    MASTER PLANNING REQUIREMENTS

 

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

 

 

9.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

  (a)    Randwick Local Environmental Plan 1998

 

The site is zoned Residential under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council's consent.  The proposal has been assessed in accordance with the following controls and is consistent with the provisions of these controls:-  

 

-   Randwick Local Environmental Plan 1998

-   Environmental Planning and Assessment Act 1979 as amended

-   Building Code of Australia

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 

9.1 Policy Controls

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

 

Development Control Plans - 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 landscaped area on the site will not be reduced, remaining at approximately 38%.  However the soft landscaping on the site will be reduced and a condition is included requiring screen planting to be provided in-between the driveway and child proof pool fencing.  This should increase the amount of soft landscaping on the site whilst also improving the stormwater management on the site and appearance of the front yard when viewed from the street.  The planting will also provide partial screening of the swimming pool. The objectives and performance requirement of this section would be satisfied by the proposal subject to the above condition being included in the consent.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Not applicable.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Suitable conditions are included to ensure that excavation are appropriately supported and do not adversely affect adjoining properties.

S3

No excavation within 900mm of a side boundary.

The proposed swimming pool is setback 0.9 metres from the northern side boundary. Complies.

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.

Not applicable.

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.

 

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.

Not applicable.

S3

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

The proposed swimming pool is set back 0.9 metres from the northern side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

Not applicable.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

Visual & Acoustic Privacy

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

 

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

 

It is acknowledged that complete privacy of the front yard can not be achieved given that it would be difficult to impose a fence height of 1.8m at the front of the dwelling without causing the fence to appear obtrusive and out of character with the existing streetscape.  However, a condition is included requiring screen planting to be provided in-between the driveway and child proof pool fencing.  This should provide partial screening of the swimming pool and improve the privacy levels to the front yard.  The use of the pool in a reasonable manner would not impact on the privacy of the immediate adjoining dwellings and will meet the objectives and performance requirement of the DCP.

 

Fences

The proposed masonry fence at the front of the dwelling varies in height from 1.2 to 1.35 metres; this is considered to be a common fence height in front of dwellings.  A height of this nature to the front of the dwelling is not uncommon and is not considered to be excessive to substantially alter the appearance of the site or impact on the character of the Byrne Crescent streetscape.  The front fence should integrate with the surrounding streetscape and will comply with the above objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

        Foreshore Development

 

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

The proposed masonry wall will be sympathetic to the existing buildings on the site and will not be a distracting element to the foreshore area.

 

P3

Stepped buildings on sloping sites are articulated.

Not applicable.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Not applicable.

P5

Ancillary structures do not detract from the appearance of developments.

The proposed swimming pool and fencing are lower in height than the surrounding dwellings and structures and will not be noticeable from the foreshore area.

 

 

10. ENVIRONMENTAL ASSESSMENT

 

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

 

10.1  Local Environmental Planning Instrument's

 

Clause 10 - Zone 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.

 

The relevant objectives of the zone include:

 

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

 

Subject to the swimming pool being modified and screen planting provided along the southern side of the pool, it is considered the proposed development will be consistent with the relevant Residential 2A (Residential A Zone) objectives.  It is acknowledged that this type of development is not relatively common in the surrounding area, however it is not considered that the fencing and swimming pool to the front of the dwelling will significantly alter the established character of Byrne Crescent and nor will it result in any significant adverse impacts to the surrounding properties to justify refusal of the application. The proposed masonry front fence is considered to be a common fence height in front of dwellings and is not at a height which is considered to be excessive to substantially alter the appearance of the site or impact on the character of the Byrne Crescent streetscape.

 

10.2  Site Suitability

 

The proposal is considered to be acceptable on the site subject to conditions requiring the swimming pool dimensions to be amended, the child proof fencing run perpendicular to the northern side boundary and a strip of screen planting is to be provided along the southern side of the pool.

 

 

 

11. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:        Excellence in urban design.

Direction 5b:      Improved design and sustainability across all development.

 

Key actions:       Recognise and promote opportunities for residents and visitors to engage in sports and other cultural pursuits.

 

12. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13. CONCLUSION

 

On review of the determination of the development application particularly in regard to the reasons for refusal, it is recommended that the original determination be rescinded and the proposal be approved subject to conditions of consent.

 

RECOMMENDATION:

 

A.     THAT Council’s original Determination of Development Application No. DA/95/2007, dated 8 March 2008 for the construction of a swimming pool in the front yard and new front fencing be rescinded.

 

B.      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. DA/95/2007 for permission to construct a swimming pool in the front yard and new front fencing for 29 Byrne Crescent, MAROUBRA  NSW  2035 subject to the following conditions:-

 

1.     The development must be implemented substantially in accordance with the plans numbered 5/07, dated 7/02/07, and received by Council on 8 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 proposed swimming pool to the southern side shall be amended so that the pool is reduced in width (south western corner of pool) to 3 metres and run perpendicular to the northern end of the pool.  The child proof fencing is also to run perpendicular to the northern side of the pool and boundary. Details are to be submitted to and approved by the Director City Planning prior to issue of the construction certificate.

 

3.     A strip of screen planting shall be provided in-between the driveway and child proof pool fencing.  The screen planting is to be of a species capable of attaining a height of 1.8 metres measured from the existing ground level. This will ensure that the planting proposed is adequate to provide reasonable levels of privacy between the dwellings and increase the level of soft landscaping to the front of the site for amenity purposes. Details are to be submitted to and approved by the Director City Planning prior to issue of the construction certificate.

 

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:

 

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

 

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

 

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

 

6.     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 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:

 

7.     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.

 

8.     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:

 

9.     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.

 

10.    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.

 

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

 

        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.

 

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

 

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

 

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

                                        

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

 

iv)    give at least two days notice to the Council, in writing, of the 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.

 

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

 

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

 

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

 

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

 

14.    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”.

 

15.    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.

 

16.    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.

 

17.    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.

 

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

 

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

 

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

 

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

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

20.    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.

 

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

 

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

         

23.    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.

 

24.    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.

 

25.    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.

 

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

 

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

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

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

 

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

 

27.    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.

 

28.    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; and

     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; and

     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

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

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

 

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:

 

29.    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.

 

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:

 

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

 

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

 

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

 

32.    The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for Council or a Council approved subcontractor to carry civil works such as construction of a new vehicular crossing to the subject site.

 

a)       $1000.00       -        Damage / Civil Works Security Deposit

 

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

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

 

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

 

a.  Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

34.    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.

 

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

 

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

 

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

 

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

 

37.    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 applicants 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:

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

CHAHRAZAD RAHE

DIRECTOR, CITY PLANNING

ASSESSMENT PLANNER


 

Director, City Planning Report 36/2007

 

 

SUBJECT:

62 Gale Road, Maroubra

 

 

DATE:

25 May, 2007

FILE NO:

DA/773/2006 & PROP034208

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for Torrens title subdivision of existing lot into two allotments and construction of new two storey dwelling on the new lot with access from Nevorie Crescent at 62 Gale Road, Maroubra.

 

 

 

RECOMMENDATION:

 

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

 

 

 

ATTACHMENT/S:

 

Development Application Report dated 11 May 2007.

 

 

………………………………

………………………………

SIMA TRUUVERT

SPIRO STAVIS  

DIRECTOR, CITY PLANNING

SPD TOWN PLANNERS


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

11 May, 2007

FILE NO:

DA/773/2006 & PROP034208

 

PROPOSAL:

 Torrens title subdivision of existing lot into two allotments and construction of new two storey dwelling on the new lot with access from Nevorie Crescent.

PROPERTY:

 62 Gale Road, Maroubra

WARD:

 West Ward

APPLICANT:

 Roel Mulder & Assosciates

OWNER:

Mrs O B Brown

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The proposed subdivision and erection of a new two storey dwelling house is supported in principle. However, the design layout of the proposed dwelling house results in poor solar access for future occupants. The proposal therefore does not comply with Council’s solar access and energy efficiency requirements under the Dwelling House and Attached Dual Occupancy Development Control Plan. It is acknowledged the site is constrained due to its narrow width and north-south orientation however, it is considered a more skilful design would provide better solar access. The applicant was advised by email on 1 February 2007 and 2 April 2007 with respect to the proposal’s deficiencies in terms of solar access. In response to Council’s concerns the applicant made some changes to the proposal however, they were token in nature and did not satisfactorily address the solar access issue. On that basis the proposal is recommended for refusal.

 

The application is referred to Council for determination at the request of Councillor’s Andrews, White and Sullivan.

 

2.    THE PROPOSAL

 

Approval is sought for a torrens title subdivision into two allotments. The proposed allotment containing the existing dwelling house fronting Gale Street will have an area of 445m2 (hereafter referred to as the 'existing lot'). The proposed allotment containing a new 2 storey dwelling house fronting Nevorie Crescent will have an area of 516m2 (hereafter referred to as the 'new lot').The proposed dwelling house will comprise living areas, kitchen and a bedroom and double garage at ground level and 3 bedrooms at the first floor. It is also proposed to provide a new vehicular crossover at the Gale Street frontage to allow parking for one vehicle in the front setback of the existing dwelling house.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The  subject property is located on the northen side of Gale Street and has frontage to Nevorie Crescent.

 

The existing dwelling house is single storey and vehicular access is from Nevorie Crescent.

 

The site is rectangular in shape and has an area of 961m2.

 

The adjoining property to the east adjacent to the existing dwelling house contains a two storey brick dwelling house with a garage integrated into the design of the front facade (No. 64 Gale Street). Adjoining to the west is a single storey dwelling house with no vehicular acces to the site .

 

The adjoining property to the east adjacent to the rear yard contains a pair of single storey semi-detached delling houses (Nos. 50 & 52 Nevorie Crescent). The adjoining property to the west contains a two storey dwelling house (No. 42 Nevorie Crescent).

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification. The owners of surrounding properties were notified of the proposed development on 25 September 2006. The following objection was received.

 

Vic and R.E Smith – No. 42-44 Nevorie Crescent 

 

·         The proposed downstairs bedroom windows western side will be opposite our downstairs eastern side window towards rear of the house

·         The proposed upstairs western side window of the stairs and the window of the stairs and windows of the proposed bathroom on western side will be opposite our upstairs living areas eastern side windows

 

The issue relating to privacy have been addressed later in the report.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers and the following comments have been provided:-

 

Environmental Health & Building Services

 

The application was recommended for approval subject to the imposition of standard conditions including those relating to noise from plant and equipment.

 

Development Engineer

 

Initially concern was raised with the removal of a parking space for the existing dwelling house. Amended plans were submitted with the application showing the provision of a new vehicular crossover at the Gale Street frontage for the existing dwelling house. However, further concern was raised with the visual impact of the proposed car space on the streetscape. Standard drainage and landscape conditions were recommended if the proposal were to be approved. 

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

(a)  Randwick Local Environmental Plan 1998

 

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

 

Clause 21 - Subdivision

 

Consent is required for subdivision of the existing allotment into two allotments. No subdivision plan has been submitted with the development application.

 

Clause 22 – Services

 

Services are available to the site however, they are not shown on any of the plans submitted with the DA.

 

Clause 30 - Minimum allotment sizes

 

A minimum allotment size of 450m2 and a 12m frontage applies to the proposal.

 

The new lot will have an area of 516m2 and the existing lot will have an area of 445m2.

 

The site has a frontage of 12.9m to Gale Street and Nevorie Crescent.

 

(b)  Dwelling House and Attached Dual Occupancy Development Control Plan

 

Clause 3.1 – Solar Access and Energy Efficiency

 

A minimum of 3 hours of solar access is required over at least part of the private open space during the winter solstice. The primary and most useable part of the private open space is the area immediately adjoining the internal living area. This area of private open space will not receive a minimum of 3 hours solar access between 9:00am and 3:00pm during the winter solstice due to overshadowing by the proposed dwelling house and the existing buildings on adjoining properties. The majority of the rear yard will be in shadow during the winter solstice. At 9:00am the shadow cast by the existing dwelling at No. 50 and the proposal will cover about 80% of the rear yard with only a slither along the rear boundary receiving sunlight. At 12 noon the proposed building will shadow about 60% of the rear yard being the area adjacent to the living area. At 3:00pm the shadow cast by the existing dwelling house at No. 44 and the proposed development will cover about 70% of the rear yard with the only area in sunlight being the southwestern corner and a slither along the rear boundary.

 

The applicant amended the original proposal by removing the roof over the rear facing balcony and increasing window sizes to the living and dining area. These changes do not adequately address the lack of solar access to the living area of the dwelling. The site is constrained by its north-south orientation however, it is considered that a more skilful design could achieve a better outcome in terms of solar access.

 

North facing living room windows are to receive at least 3 hours solar access over part of their surface during the winter solstice. The proposal contains no north facing living room windows and therefore does not comply with Council’s requirements.

 

North facing living room windows on the adjoining properties are to receive a minimum 3 hours solar access during the winter solstice between 9:00am and 3:00pm.

 

The principal private open space on adjoining properties is required to have a minimum 3 hours of solar access during the winter solstice between 9:00am and 3:00pm.

 

The proposal will result in some additional overshadowing of the private open space to the rear of adjoining properties to the east and west during the winter solstice in the morning and afternoon. However, inadequate information such as window types and location of principal areas of private open space was not provided on the shadow diagrams to enable a proper assessment of the shadow impacts on the adjoining properties to the east and west.

 

The proposal satisfies the BASIX requirements. BASIX is a planning measure which ensures dwelling houses are built to be more energy and water efficient. One part of the assessment includes solar orientation however notwithstanding compliance with BASIX the proposal remains sub-standard in terms of the lack of solar access to the living areas of the dwelling house.

Clause 3.2 – Water Management

 

Subject to standard conditions the proposal is satisfactory with respect to stormwater drainage.

 

Clause 4.1 Landscaped Area and Private Open Space

 

A minimum of 40% of the site area is required as landscaped area. The proposed new allotment will have a landscaped area of 229m2 (516.19m2 – 287.5m2) which equates to 44% of the new lot. The ‘existing’ allotment will contain 295m2 of landscaped area which equates to 66%.

 

Each dwelling is required o have 25m2 of useable private open space with a minimum dimension of 3m x 4m. Both dwellings will provide sufficient open space in the rear yard.

 

A minimum of 20% of the landscaped area is to be permeable (soft landscaped) treatment. Both dwelling houses appear to comply with this requirement.

 

Clause 4.2 – Floor Area

 

A minimum allotment size of 450m2 applies and a minimum frontage of 12m. Refer to discussion above under Clause 30 - Minimum Allotment Sizes

 

The floor space ratio of the new dwelling is not to exceed 0.5:1. The proposed dwelling house on the new lot will have a gross floor area of 293m2 which equates to an FSR of 0.57:1 and results in a minor non-compliance with Council’s requirements.

 

A maximum FSR of 0.6:1 applies to the existing lot.  The existing dwelling house will have an FSR of 0.33:1. 

 

Clause 4.3 – Height, Form and Materials

 

The proposed dwelling will have a maximum height of 8.57m which complies with Council’s 9.5m maximum height. The external wall height is not to exceed 7m.  The proposed dwelling house has a maximum wall height of 6.34m.

 

The length of depth of a second storey is no greater than 12m at less than 1.5m from the southern boundary. The proposed dwelling house complies with this requirement.

 

Clause 4.4 - Setbacks

 

The following controls apply:

 

 

required

proposed

complies

Rear

4m

7.6m

Yes

 

Side east lower

900mm

1095mm

Yes

Side west lower

900mm

1095mm

Yes

Side east upper

1500mm

1095-2095mm

Partial

Side west upper

1500mm

1095-2095mm

Partial

 

Clause4.5 – Visual and Acoustic Privacy

 

The upper level bedroom windows facing the side boundaries will be highlight to minimise overlooking impacts to adjoining properties.

 

The rear facing balcony will have an area of about 27m2. This will result in potential overlooking impacts to the rear yard of the adjoining properties fronting Gale Road and the rear of adjoining properties fronting Nevorie Crescent. If approved, measures can be imposed such as privacy screens and planters to minimise potential overlooking impacts.

 

The ground level windows do not pose a privacy impact to adjoining properties as the land is generally flat and boundary fences will minimise overlooking.

 

Clause 4.6 – Safety and Security

 

The front door is visible from the street. The upper bedroom balcony facing Nevorie Crescent will provide casual surveillance of the street.

 

Clause 4.7 – Garages, Carports and Driveways

 

A double garage will be provided in the front facade of the dwelling house. It is not clear on the plans whether the panel lift door lifts upwards and out so as not to interfere with parking spaces.

 

Driveway and parking spaces are not to occupy more than 35% of the width of the site. The proposed double garage will have a width of 4.7m when viewed from the street which equates to 38% of the width of the site. 

 

Driveways are to have a minimum width of 3m and setback minimum 1m from the boundary. The proposed driveway varies in width between 4m to 7.5m and therefore does not comply with Council’s requirement.

 

Where vehicle access is from the front of the allotment garages are to be provided behind the building line. The proposed dwelling house provides a double garage forward of the front building line which dominates the building and detracts from the local streetscape.

 

Clause 4.8 – Fences

 

No new fence is proposed on the plans submitted with the DA. The existing colourbond fence is not suitable for the street frontage.

 

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.

 

Streetscape/Design

 

Council’ controls seek to discourage garages that detract from the development and the local streetscape. The proposed double garage is designed into the front facade but is located forward of the dwelling at ground level. The garage will dominate the front of the dwelling house and its appearance will be emphasised when viewed from the street. It is acknowledged that other dwelling houses in the street also contain large garages that dominate the front facade. However, Councils controls require that where access is from the front boundary garages are to be located behind the building line. A more skilful design could achieve a garage which is better integrated into the front of the dwelling to reduce its dominance. Alternatively, a single garage could be provided with a hardstand area in front for a second vehicle.

 

Solar Access and Energy Efficiency

 

At 9:00am the shadow cast by the existing dwelling at No. 50 and the proposal will cover about 80% of the rear yard with only a slither along the rear boundary receiving sunlight. At 12 noon the proposed building will shadow about 60% of the rear yard with the only area receiving sunlight being adjacent to the rear boundary away from the primary open space area adjacent to the internal living area. At 3:00pm the shadow cast by the existing dwelling house at No. 44 and the proposed development will cover about 70% of the rear yard with the only area in sunlight being the southwestern corner and a slither along the rear boundary. The outdoor area adjoining the internal living area is the primary and most useable part of the rear yard. It will not receive a minimum of three hours solar access between 9:00am and 3:00pm during the winter solstice.

 

The proposed design layout results in a lack of solar access for the living areas which do not contain any north facing windows. The living areas therefore will not receive a minimum of three hours sunlight between 9:00am and 3:00pm during the winter solstice.

 

It is acknowledged the site is constrained due to its narrow width and north-south orientation however, a more skilful design/layout would provide better solar access and amenity for future occupants.

 

Privacy Impacts

 

The proposal will result in potential privacy impacts to adjoining properties from the large balcony off the bedrooms at the rear of the proposed dwelling house. The incidence of overlooking is not uncommon due to other houses in the vicinity having upper level balconies overlooking adjoining rear yards. Notwithstanding, the information submitted with the DA does not adequately address potential privacy impacts from the large upper level rear facing balcony.

 

Overshadowing

 

There is lack of information submitted with the DA to enable a proper assessment of the potential overshadowing impacts to adjoining properties.

 

8.    CONCLUSION

 

The proposed subdivision and erection of a new two storey dwelling house is supported in principle. However, the design layout of the proposed dwelling house results in poor solar amenity for future occupants.

 

The living area contains no north facing windows. At 9:00am the shadow cast by the existing dwelling at No. 50 and the proposal will cover about 80% of the rear yard with only a slither along the rear boundary receiving sunlight. At 12 noon the proposed building will shadow about 60% of the rear yard with the only area receiving sunlight being adjacent to the rear boundary away from the primary open space area adjacent to the internal living area. At 3:00pm the shadow cast by the existing dwelling house at No. 44 and the proposed development will cover about 70% of the rear yard with the only area in sunlight being the southwestern corner and a slither along the rear boundary.

 

The proposal therefore does not comply with Council’s solar access and energy efficiency requirements under the Dwelling House and Attached Dual Occupancy Development Control Plan which require a minimum of at least 3 hours over part of the surface of north facing living windows and part of the private open space.

 

The applicant was advised by email on 1 February 2007 and 2 April 2007 with respect to the proposal’s deficiencies in terms of solar access. In response to Council’s concerns the applicant made some changes to the proposal however, they were token in nature and did not satisfactorily address the solar access issue. On that basis the proposal is recommended for refusal.

 

RECOMMENDATION:

 

THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/773/2006 for Torrens Title subdivision into two allotments and construction of new two storey dwelling house on the new lot with access from Nevorie Crescent at 62 Gale Road, Maroubra for the following reasons:-

1.     The proposal does not comply with Clause 3.1 – Solar Access and Energy Efficiency under the Dwelling House and Attached Dual Occupancy Development Control Plan with respect to the lack of solar access to the living areas of the proposed dwelling house and the adjoining private open space. In that regard the proposal will provide poor solar amenity for the future occupants.

2.     The proposal does not comply with Clause 4.4 – Setbacks under the Dwelling House and Attached Dual Occupancy Development Control Plan with respect to part of the upper level which is not a minimum of 1.5m from the side boundaries.  

3.     The proposal does not comply with Clause 4.7 – Garages, Carports and Driveways under the Dwelling House and Attached Dual Occupancy Development Control Plan as the proposed driveway will exceed Council’s maximum driveway width of 3m and a double garage is proposed forward of the building line. In that regard the garage/driveway dominates the building and detracts from the local streetscape.

4.     Inadequate information has been provided to enable Council to undertake a proper assessment of the shadow impacts on the adjoining properties.

5.     Inadequate information has been provided in that no Subdivision Plan was submitted with the development application.

 

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

SPIRO STAVIS

DIRECTOR, CITY PLANNING

SPD TOWN PLANNERS

 


 

Director, City Planning Report 37/2007

 

 

SUBJECT:

1 Monmouth Street, Randwick

 

 

DATE:

12 June, 2007

FILE NO:

DA/599/05/A & PROP021272

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for Section 96 – Modification seeking retrospective approval for changes to windows and garage at No. 1 Monmouth Street, Randwick.

 

 

RECOMMENDATION:

 

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

 

 

 

ATTACHMENT/S:

 

Development Application Report dated 22 May 2007.

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

22 May 2007

FILE NO:

DA/599/05/A & PROP021272

 

PROPOSAL:

 Section 96 Modification seeking retrospective approval for changes to windows and garage.

PROPERTY:

 1 Monmouth Street, Randwick

WARD:

 North Ward

APPLICANT:

 G Vouris

OWNER: 

GVouris

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is for a Section 96(2) Modification of Development Consent 599/05 amending the design of the approved windows and widening the garage door. The changes to the windows described in this application have already been carried out and the applicant is seeking retrospective approved for those changes.

 

The application is referred to Council for determination at the request of Councillor’s Andrews, White and Sullivan.

 

The main issue is the impact the changes to the approved development will have upon the heritage significance of the North Randwick Conservation Area.

 

It is recommended that the Development Consent be modified to allow for the proposed changes to the garage. The proposed changes to the windows are not acceptable and as such this aspect of the application should be refused.

 

2.    THE PROPOSAL

 

The proposed modifications seek consent to alter all the window frames from timber to aluminium frame and change the window position to the upper level master bedroom, brick up the kitchen window and widen the garage door by 230mm and render and paint the garage to match the dwelling. The changes to the windows described in this application have already been carried out and the applicant is seeking retrospective approved for those changes.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located in the North Randwick Heritage Conservation Area on the eastern side of Monmouth Street between Stanley and Stephen Streets and is occupied by a two storey dwelling and attached garage. The site is irregular in shape and has an overall frontage of 10.765m, a rear boundary of 8.205m, a stepped northern boundary and an eastern side boundary of 37.645m and has an overall site area of 314m².

 

4.    SITE HISTORY

 

The original development application was lodged on the 28th July 2005 and was subsequently amended to address issues relating to impacts upon the conservation area. The application was approved under delegated authority on the 3rd February 2006.

 

5.    SECTION 96 ASSESSMENT:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development is substantially the same development. The proposed modifications to the approved plans do not significantly alter the overall scope of the development and is substantially the same development.

 

6.    COMMUNITY CONSULTATION:

 

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

 

K Morris of 3 Monmouth Street Randwick

 

1                    Issue

2                    Comment

3                    The installed aluminium windows are unsightly and totally outside the parameters of development within a heritage area and set an incorrect precedent for future development.

4                    See comments below from Council’s Heritage Planner.

5                    To approve such windows retrospectively would be negligent on the part of Council.

6                    A Section 96 application allows for the retrospective consideration of already completed building works.

 

D Klaus of 7 Monmouth Street Randwick

 

7                    Issue

8                    Comment

9                    The approved plans indicate that timber windows in keeping with the character of the dwelling were to be installed, the installation of aluminium windows and the replacement of leadlight window panels will detract from the streetscape.

10                The portion of the application detailing the replacement of timber frame windows with aluminium frame windows will detract from the significance of the heritage conservation area and is recommended for refusal.

 

7.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to Council’s Heritage Planner for advice and the following comments have been provided:-

 

“The storey Californian Bungalow style dwelling retaining much of its original character, which makes a positive contribution to the heritage significance of the Conservation Area.  The dwelling is part of a group comprising nos.1, 3 and 5 Monmouth Street, each having similar overall form.  To the west of the subject site at no.14 Stephen Street, on the corner of Monmouth Street, is “Coramba”, an Edwardian style corner house, listed as a heritage item.

 

A development application for the demolition of the dwelling, DA/ 90/2004, was withdrawn in December 2004.  A meeting was subsequently held in relation to a proposal for an upper level addition to the existing dwelling and a number of design suggestions were made.  A development application, accompanied by a Heritage Impact Assessment, was subsequently lodged, and following further meetings, and the submission of further information and amended plans, the DA was approved in April 2006, subject to consent conditions in relation to materials, finishes and details of front fencing.  It was considered that the amended drawings minimised impact on original fabric at ground floor level, considerably reduced the prominence of the upper level in the streetscape, and minimised its impact on the group value of the dwellings comprising nos.1-5 Monmouth Street, on the predominantly single storey scale of the North Randwick Conservation Area, and on the significance of the nearby heritage item. 

 

The alterations and addition has now been constructed.  The windows which have been installed however, are not in accordance with the approved development application drawings.  A Section 96 application has now been received seeking approval for these window changes, as well as proposed changes to the existing garage. 

 

In relation to the changes to the garage, the application proposes to widen the existing opening, provide a new roller door and to render and paint the (front?) elevation.  The drawings submitted in conjunction with the application incorrectly indicate that these changes are to be made to the garage on the neighbouring property.  It is noted that the garage is not part of the original fabric of the dwelling, and there are no heritage objections to the proposed changes.

 

The legend on the approved development application drawings indicated the use of timber framed windows only, no aluminium windows were indicated.  At the ground level, these timber framed windows included those to the rear elevation, and to the new kitchen and laundry.  The existing windows to the front elevation and those adjacent to the stair were to be retained.  At the upper level, timber framed windows included those to front elevation, the rear elevation and to the hallway.  The schedule of materials and finishes which was submitted also indicated windows were to be timber framed and painted “vintage green”.  It is now proposed that all of the new windows are to be aluminium framed with a clear anodised finish.  In addition, the ground level window adjacent to the stair which was to be retained is now to be replaced by a new aluminium window, and the window to the upper level front bedroom has been altered in location and dimensions.

 

It is noted that the rear elevation windows at ground and first floor level are not visible from the street and are not seen in conjunction with the existing ground level windows to the front of the house.  The side elevation windows at ground and first floor level windows are not prominent from the street.  The upper level front elevation windows are very visible from the street, are part of the important streetscape elevation, and have an important relationship with the existing ground level windows.

 

In relation to the material of the upper level windows to the front elevation, it is noted that the aluminium windows which have been installed have much smaller framing components than the bulky framing components of traditional timber windows.  There are concerns that the appearance of the clear anodised aluminium windows which have been installed including their silvery metallic finish and their minimal framing components are incompatible with the traditional timber casement windows of the subject cottage and its neighbours to the south.

 

In relation to the dimensions of the upper level front bedroom window, concerns were raised during the design development process regarding its compatibility with the proportions of existing windows.  The development application drawings indicate redesign of this window to have a more vertical proportion with its head height increased up to the underside of the bedroom ceiling.  The amended drawings indicate the sill height of the bedroom window being raised, however these amended drawings do not reflect the location and dimensions of the window which has been installed.  The as-built window has lowered the head height of the bedroom window- reducing its vertical proportion, and has relocated it sideways, offsetting it from the main ground level window- disrupting their elevational relationship.

 

It is considered that the streetscape appearance of the addition could be considerably improved if the aluminium windows which have been installed to the front elevation of the upper level were replaced by timber windows, and if the bedroom window were relocated to improve its relationship with the existing ground level window, and redesigned to have a more vertical proportion with its head height increased up to the underside of the bedroom ceiling, to improve its compatibility with the proportions of existing windows.” 

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

 

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.

 

Randwick LEP Clause 43

 

Clause 43 of the LEP requires that when determining an application for consent to carryout development in a heritage conservation area that consideration must be given to the extent of which the carrying out of the proposed development would affect the heritage significance of the heritage conservation area, including an assessment of:

 

(a)      the pitch and form of the roof, is any, and

(b)      the style, size, proposed and position of the openings for windows or doors, if any, and

(c)      the colour, texture, style, size and type of finish of the materials to be used on the exterior of the building.

 

The purpose of this 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.

 

Having regard to the relevant part of this clause it is considered that the replacement of the original and approved new timber windows with aluminium frame windows with minimal framing components is not acceptable. These new windows are not compatible with the timber casement windows which where present in the original dwelling and those adjoining to the south which add to the character and value of the heritage significance of those group of dwellings in the immediate streetscape. In addition, the comments from Council’s Heritage Planner notes that the altered window sizes in the new upper level of the dwelling do not relate to the proportion of the ground level window.  

 

With respect to the changes to the garage façade Council’s Heritage Planner has advised that this structure is not part of the fabric of the original dwelling and there are no objections to those changes.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome: Excellence in urban design and development.

 

Direction  Improved design and sustainability across all development.

 

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The proposal to alter the design of the windows does not comply with the relevant assessment criteria and will result in an adverse impact upon the amenity of the locality with respect to the established character of the North Randwick Heritage Conservation Area.

RECOMMENDATION:

 

A.     THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/599/05/A for Section 96 Modification seeking retrospective approval for changes to windows and garage. at No. 1 Monmouth Street, Randwick for the following reasons:-

 

A.      Amend Condition  No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered Job. No. 0518, numbered 1B to 5B, all Issue B, dated 18 October, 2005 and received by Council on 22nd December 2005, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered Job 0518 numbered 1B to 5B, all Issue D, dated 37th March 2007 only in so far as they relate to the modifications to the garage highlighted on the Section 96 plans and detailed in the Section 96 application.

 

B.      The applicant is advised that the proposed changes to the approved design of the windows the subject of this Section 96 application are not approved.

 

 

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 


 

Director, City Planning Report 38/2007

 

 

SUBJECT:

DRAFT ADMINISTRATIVE LEP 2007 - PUBLIC EXHIBITION 2007. 

 

 

DATE:

13 June, 2007

FILE NO:

F2004/08093

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING      

 

 

INTRODUCTION:

 

The Health and Building and Planning Committee at its meeting held on the 12 June 2007 resolved:

 

“(Andrews/Woodsmith) that this matter be deferred to the next ordinary council meeting to allow for further consideration by Councillors.”

 

RECOMMENDATION:

 

That Council consider the Director City Planning Report 32/2007.

 

 

ATTACHMENT/S:

 

Director City Planning Report 32/2007

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

SENIOR ENVIRONMENTAL PLANNING OFFICER

 


Director, City Planning Report

32/2007  

 

 

SUBJECT:

DRAFT ADMINISTRATIVE LEP 2007 - PUBLIC EXHIBITION 2007

 

DATE:

11 April, 2007

FILE NO:

F2004/08093

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

EXECUTIVE SUMMARY:

 

A draft administrative Local Environmental Plan (LEP) has been prepared. The plan consolidates the Randwick Local Environmental Plan 1998 and all previous amendments, updates mapping, makes various minor amendments and corrections, partially incorporates the State Government’s Standard template and adds new State Environmental Planning Policies.

 

Council has previously obtained the required written authorisation from the Department of Planning to prepare the administrative draft plan. Council now requires written authorisation from the Department to exhibit the draft plan.

 

This report recommends that Council seek the necessary authorisation and proceed to exhibit the draft plan for public comment.

 

BACKGROUND:

 

At the Health Building and Planning Committee of 12 September 2006, Council resolved under section 54 of the Environmental Planning and Assessment Act 1979 (the Act)

 

“…to prepare an Administrative Local Environmental Plan (LEP) to make minor clarifications, corrections, update definitions, clauses, provisions, wording and mapping into one consolidated LEP.

 

This draft plan draws on the format of the State Government’s Standard Template and will simplify Council’s preparation of the comprehensive Local Environmental Plan.

 

ISSUES:

 

DRAFT ADMINISTRATIVE LEP CONTENT:

 

The draft plan is called Randwick (Administrative) Local Environmental Plan 2007 and, once gazetted, will become the Randwick Local Environmental Plan 2007.

 

The draft plan will consolidate all previous plan amendments and include reference to new State Environmental Planning Policies. Certain provisions and formatting of the Standard template are included in-line with the Director General’s requirements. There are occasional changes to words and phrases and these are intended to clear up grey areas within the current plan.

 

The draft plan would not change the zone of any property. However, there are new land-use definitions and minor changes to some zone and development standard objectives.

A comparison table showing the changes to the plan (Attachment 5) is provided under separate cover. A discussion on the main changes follows.

 

PROPOSED LEP CHANGES

 

General revisions

The main body of the document has been screened for obvious wordiness. For instance, the current plan appears to make a distinction between ‘enhance’ and ‘improve’. The plan uses one or the other and in the case of a 4B zone a development must ‘enhance and improve’ the natural environment. The Australian Oxford defines ‘enhance’ as improve or intensify and ‘improve’ as make better. It may not always be appropriate to intensify and so ‘improve’ has been used throughout the draft plan.

 

In addition, the clauses have been listed in numerical order. New State Environmental Planning Policies have been added and repealed ones deleted. Mapping and address references have also been updated.

 

In–line with the standard template, the phrase ‘consent authority’ has been used instead of ‘Council’ as the Council is not always the consent authority. Finally, the purpose statement for each clause has either been deleted (if the purpose of the clause was already clear), or rephrased as an objective and given its own clause number. This would give the objective greater weight.

 

Savings

The draft plan includes a provision that saves any application that is lodged before gazettal. This means that any application lodged before, but determined after the gazettal of the draft plan can be assessed as though the current plan remained in force. There is also a new sub-clause that saves a ‘staged’ development application. The Department of Planning noted that this would be a requirement of the LEP.

 

Land Use Table

The land use tables and dictionary now include extra definitions from the standard template. Those definitions and the effect of their inclusion in the draft plan are described in table 1 below:

 


Table 1 - New definitions and their effect on the plan

 

Definition

Effect

Bulky goods premises

Clarifies the acceptable locations for this kind of retail use by permitting it in the 3A and 3B zones and prohibiting it in the industrial zones. This inclusion overcomes confusion in the current plan as to whether this kind of use is permissible in the industrial zone.

Landscape and garden supplies

Clarifies acceptable locations for this kind of retail use by permitting it only in the 3A, 3B and 4A zones.

Timber and building supplies

Clarifies acceptable locations for this kind of retail use by permitting it only in the 3A, 3B and 4A zones.

Subdivision

Added to the land-use table confirming permissibility in all zones. Note that subdivision does not have an entry in the dictionary as it is defined in the Act.

Excavation and filling of land

Added to the land-use table confirming permissibility in all zones. Also allow an entry to be created in the exempt development schedule for minor work associated with landscaping.

Neighbourhood shop

Replaces the definition for local shop and further qualifies the intention for a small scale premises. Also now permitted in the 4A zone.

Group homes

Makes this use permissible in all residential zones with consent. Certain matters for consideration are also included in the Miscellaneous provisions in Part 5 of the draft plan.

Waste Management Facility

Replaces the definition for waste transfer station and has been included as a permissible use in the 4A (only up to 30,000 tonnes/year) and 4B zones (unlimited).

 

Brigidene College, St Pauls Street

The draft Administrative LEP provides for 215 square metres of business premises at ground level and fronting St Pauls Street on the Brigidene College site, Randwick.

 

By way of background, Council considered a Masterplan for the Brigidine College at its meeting 17 February 2004. Covering the whole site including the school and convent, the Masterplan was intended to facilitate improvements to the existing ground-level car-park and the development of a three-storey assembly-hall fronting St Pauls Street. The master plan included three ground-level retail units within the assembly hall. However, the units were (and remain) prohibited by the LEP. The Masterplan was adopted by Council and the resolution included a provision supporting the preparation of a draft LEP to allow the retail units, subject to a economic analysis.

 

That Council resolution of 17 February is partially reproduced here:

 

Council in principle prepare a draft local environmental plan to amend Randwick Local Environmental Plan 1998 to allow the development of retail/commercial suites at ground level within the portion of the site fronting St Paul’s Street, subject to an appropriate economic analysis being submitted by the proponent demonstrating the suitability of the site for a retail/commercial use and its impact on The Spot Town Centre.

 

The land-owner submitted an economic analysis in accordance with the resolution and it is considered to be acceptable. A summary of the findings of the analysis is reproduced here:

 

·         The additional retail development proposed is 215 sqm in total. If all occupied as retail, it would be roughly a 14% increase of the total 1,551 sqm of retail space in The Spot. However, as an increment to the total shop front floor space in the area – that is, excluding the theatre – it represents only a 2.4% increase in floor area.

·         The overall low vacancy rate suggests demand for shop front space in this precinct.

·         The convenience retail accounts for a modest proportion of all shop front floor space in the precinct and that has declined slightly in recent years.

·         Performance of the precinct may be limited to some extent by current limited parking, a situation that the proposed car park will improve.

·         There is likely to be some modest growth in retail demand in the precinct from a combination of overall demand growth (population and spending) and improved parking in the area.

·         Having active shop front spaces on the site is far preferable to having a blank wall.

·         The shop front spaces are as likely to be occupied by restaurants and offices/services as by retail in the short term, but may attract some specialist retailers (eg florist) given the expected significant passing trade generated by those accessing the parking lot.

·         There are no apparent negative impacts of the new retail development in the area.

 

Industrial land

The draft plan clarifies the limited range of business uses that are appropriate in the industrial zones.

The intention of the existing plan is to permit only retail and commercial uses that are ancillary and/or for the convenience of workers in industrial estates. However, the enabling clause is ambiguous and at least one interpretation would permit retail or commercial uses on a large scale. The draft plan rephrases the industrial zone objectives so that the intended scale of retail and commercial uses is clear. Child care centres have been prohibited to maximise the availability of this limited industrial land for industrial uses. This is consistent with the template.

 

There are new land-use definitions for bulky goods premises, landscape and garden supplies, timber and building supplies, and neighbourhood shop. These are taken from the Standard template and their inclusion in the plan is intended to refine the range of business types that are permitted in the industrial 4A zone.

 

The draft plan thus omits the provision for retail and commercial premises in the clause for additional development in industrial zones.  The draft plan does retain the allowance for a neighbourhood shop in the industrial zone so that the daily needs of workers is catered for.

 

These changes will protect and strengthen the viability of Randwick