Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

 

21st August, 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, 28TH AUGUST 2007 AT 6:00 P.M.

 

 

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 24TH JULY, 2007.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

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

 

7           Urgent Business

 

8           Director City Planning Reports

 

8.1                      

DIRECTOR, CITY PLANNING REPORT 51/2007 –

417 - 439R BUNNERONG ROAD, MAROUBRA.

2

8.2                      

DIRECTOR, CITY PLANNING REPORT 52/2007 –

417 - 439R BUNNERONG ROAD, MAROUBRA (HEFFRON PARK NO 2).

21

8.3                      

DIRECTOR, CITY PLANNING REPORT 53/2007 –

55 DENNING STREET, SOUTH COOGEE.

41


 

8.4                      

DIRECTOR, CITY PLANNING REPORT 54/2007 –

28 WALSH AVENUE, MAROUBRA (NAGLE PARK).

58

8.5                      

DIRECTOR, CITY PLANNING REPORT 55/2007 –

SNAPE PARK, 15R SNAPE STREET, KINGSFORD.

78

8.6                      

DIRECTOR, CITY PLANNING REPORT 56/2007 –

343 - 345 CLOVELLY ROAD, CLOVELLY.

97

8.7                      

DIRECTOR, CITY PLANNING REPORT 57/2007 –

93 LITTLE BAY ROAD, LITTLE BAY.

109

8.8                      

DIRECTOR, CITY PLANNING REPORT 58/2007 - COMMUNITY GRANTS PROGRAM: GUIDELINES FOR ASSESSING GRANTS APPLICATIONS & FUNDING PRIORITIES.

130

8.9                      

DIRECTOR, CITY PLANNING REPORT 59/2007 - PLANNING ASSESSMENT PANELS.

144

 

9           General Manager's Reports

 

9.1                      

GENERAL MANAGER'S REPORT 24/2007 - JUNE 2007 QUARTERLY REVIEW - MANAGEMENT PLAN 2006-09.

149

9.2                      

GENERAL MANAGER'S REPORT 25/2007 - PRECINCT COORDINATION COMMITTEE.

151

9.3                      

GENERAL MANAGER'S REPORT 26/2007 - AFFIXING OF THE COUNCIL SEAL.

156

9.4                      

GENERAL MANAGER'S REPORT 27/2007 - ELECTRONIC BULLETIN BOARDS.

158

9.5                      

GENERAL MANAGER’S REPORT 28/2007 - LOCAL GOVERNMENT ASSOCIATION OF NSW - 2007 ANNUAL CONFERENCE.

162

9.6

GENERAL MANAGER’S REPORT 29/2007 - SPORTING FIELDS IN RANDWICK CITY - REQUEST FOR USE BY UNIVERSITY OF NSW.

164

 

10         Director City Services' Reports

 

10.1                      

DIRECTOR, CITY SERVICES' REPORT 50/2007 - URBAN FOREST POLICY.

167

10.2

DIRECTOR, CITY SERVICES’ REPORT 51/2007 – SIGNIFICANT TREE REGISTER.

173

10.3                      

DIRECTOR, CITY SERVICES' REPORT 52/2007 - ADOPTION OF BIKE PLAN UPDATE.

176

10.4                      

DIRECTOR, CITY SERVICES' REPORT 53/2007 - FLOODING IN HAROLD STREET, MATRAVILLE.

178

10.5                      

DIRECTOR, CITY SERVICES' REPORT 54/2007 - EASTERN BEACHES COAST WALK - SOUTH WARD.

183

10.6                      

DIRECTOR, CITY SERVICES' REPORT 55/2007 - CHANGE OF STREET NAME - PART OF DOWLING STREET, KENSINGTON, BEHIND THE SOUND BARRIER.

186

10.7                      

DIRECTOR, CITY SERVICES' REPORT 56/2007 - MAJOR BEACH EVENTS SUMMER 2007/08.

189

10.8                      

DIRECTOR, CITY SERVICES' REPORT 57/2007 - ENGAGEMENT OF CONSULTANTS TO DEVELOP DESIGN CONCEPTS FOR SKATE PARK  AND A REMOTE CONTROL CAR DIRT TRACK IN THE LA PEROUSE AREA.

191

 

11         Director Governance & Financial Services' Report

 

11.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 49/2007 -   GENERAL PURPOSE FINANCIAL REPORTS 2006/2007 (UNAUDITED).

196

 

12         Petitions


 

13         Motions Pursuant to Notice

 

13.1                      

MOTION BY COUNCILLORS BELLELI & SENG – UPGRADE OF FOOTPATH IN MAROUBRA ROAD.

199

13.2

MOTION BY COUNCILLORS BELLELI & SENG – CONSTRUCTION OF FOOTPATH - WESTERN SIDE OF MALABAR ROAD.

199

13.3

MOTION BY COUNCILLOR MATSON – LACK OF DECORUM IN COUNCIL MEETINGS.

199

 

14         Confidential Item (Closed Session)

 

14.1                      

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 50/2007 - TENDER REPORT T06/07 - EMERGENCY WARNING & INTERCOMMUNICATION SYSTEM.

200

 

15         Notices of Rescission Motions

 

 

 

 

 

……………………………….

GENERAL MANAGER


 

Director, City Planning Report 51/2007

 

 

SUBJECT:

417 - 439R Bunnerong Road, Maroubra

 

 

DATE:

14 August, 2007

FILE NO:

DA/368/2007 & PROP045982

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report relating to Development Application 368/2007. Development Application No. 368/2007 proposes the installation of eight (8) 24m high light poles each with three (3) floodlights at Heffron Park No. 9 & 10. The proposal also necessitates minor excavations to create a base for the poles and minor trench digging for the supply of electricity to the poles.

 

As the application involves work on Council property, the assessment of the development application was referred to external planning consultants for assessment.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 14 August 2007.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING  

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 August, 2007

FILE NO:

DA/368/2007 & PROP045982

 

PROPOSAL:

 Installation of 8 x 24 metre high light poles with floodlights, associated excavation & trenching and use of the sports field for organised sport until 9 pm on 4 week nights at eastern end of Heffron Park adjacent to aquatic centre.

PROPERTY:

 417-439R Bunnerong Road, MAROUBRA

WARD:

South Ward

APPLICANT:

 Randwick City Council.

OWNER:

 NSW Department of Lands – Crown Lands

 

 

 

 

 

Subject Site

 

                                     

                                     

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a park that is under the care, control and management of Council. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts.  The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light poles as “recreation” uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Heffron Park is substantial in area and represents a regional sporting facility. The proposal and likely associated use is consistent with the capacity and regional status of Heffron Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required. The traffic and lighting issues as presented in this application have been assessed and are considered satisfactory.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. For these reasons it is considered that the proposal, on balance, is satisfactory from an environmental planning perspective.  Therefore, it is recommended the proposed development be approved subject to relevant conditions.

 

2.    THE PROPOSAL

 

The development application proposes the installation of light poles at Heffron Park No. 9 & 10. The lighting will enable primarily evening football activities to be conducted, as well as other sporting activities.

 

The installation of lighting poles is necessitated to provide additional sporting venues such as football fields due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of such venues in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

 

·              Installation of eight (8) 24m high light poles at Heffron Park No. 9 & 10, each with three (floodlights).

·              Minor excavation to create a suitable base for the light poles

·              Minor trench digging for the supply of electricity to the poles

 

The proposed lighting will facilitate the use of the park primarily for football activities between 5.00pm to 9.00pm up to (4) evenings per week during the winter.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Heffron Park No. 9 & 10 is part of the Heffron Park regional recreation facility within the Randwick Council Local Government Area (LGA). The facility is approximately 441,00m2 in area and is bounded by Fitzgerald Avenue to the North, Robey Street to the east and Jersey Road to the south and Bunnerong Road to the west.

 

Existing park facilities include an aquatic centre in the south eastern corner, tennis courts to west, netball courts to the north as well as AFL, rugby and soccer fields throughout.

 

An extensive concrete/asphalt track also exists around the permitter and throughout the park which facilitates various passive recreation facilities such as walking, jogging and bike riding. Heffron Park is not identified as a dog exercise park.

 

Heffron Park No. 9 & 10 is located adjacent to the Jersey Road and the existing aquatic centre, in the south eastern corner of Heffron Park, approximately 40m from the nearest residential development. An embankment separates the subject site from Robey Street and associated residential development.

 

Public vehicular entry into the regional facility is available from Fitzgerald Avenue, Bunnerong Road and Robey Street. Direct vehicular access to Heffron Park No. 9 & 10 is available from Robey Street.

 

Minor amounts of vegetation is scattered throughout the park and along its perimeter. The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses.

 

The surrounding locality consists predominantly of detached and attached residential development up to 2 storeys in height, with the exception of the Southpoint shopping centre located west of the subject site, along Bunnerong Road. Above the shopping centre exists a residential flat building 15 storeys in height.

 

Jersey Road to the south of the subject site functions as a local access street and also provides unrestricted kerbside parking as well as access to 90 degree off street parking within the Heffron Park frontage. To the east is Robey Street representing a major collector road while Fitzgerald Avenue to the north is a secondary arterial road and Bunnerong Road to the west is an arterial road.

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application. In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 4th June 2007.

 

4.1      Submissions

 

In response to the notification period, no submissions were received by Council.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers.  The following comments have been provided:

 

5.1 Environmental Health Comments

 

The Statement of Environmental Effects (SoEE) submitted with the application states that

 

“A preliminary investigation of the historical uses of the site has identified the park has been continuously used for recreation purposes. The proposed minor excavation of the installation of lighting poles, together with the associated electricity infrastructure is not considered to result in any issues in regards to contamination.

 

As the proposal would not alter the use of the subject site, it is considered that the proposed development would not raise any risk to human health.

 

The proposal raises no further matters with regard to site contamination and is satisfactory with regard to the provisions of SEPP 55. Consequently the site is considered suitable for the intended use.”

 

The Environmental Health Unit is aware that the sites history may include potentially contaminating activity, specifically the demolition and disposal on site of asbestos material. The SoEE does not discuss management of this issue, and Council’s EHU requires further consideration of the potential for contamination on the site prior to issuing any approval.

 

It is considered that further information is required in relation land contamination prior to consent being issued as Council needs to ensure that the land is suitable for the proposed development, in accordance with the provisions of the Environmental Planning & Assessment Act 1979, SEPP 55, Contaminated Land Management Act 1997 and Council’s Contaminated Land Policy 1999.

 

RECOMMENDATION

The following information is required to be submitted to Council prior to a determination of the development application.

 

1. A detailed site contamination investigation of the land affected by the proposed development must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past activities that may have occurred on site and current usages.

   

The report is to be carried out in accordance with Council’s Contaminated Land Policy 1999 and relevant NSW EPA Guidelines for Contaminate Sites.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and approved by Council’s Manager Environmental Health & Building Services.

 

In response to the above comments, the applicant has provided the information

 

 

 

Suitable conditions are included in the recommendation to ensure that the works are carried in accordance with the relevant standards.

 

 

 

 

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

- Local Government Act 1993

- Companion Animals Act 1998

- Draft Heffron Park Landscape Concept Plan

 

7.    SECTION 79C ASSESSMENT:

 

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

 

8.1  Randwick Local Environmental Plan 1998

 

Zoning and Permissibility

 

The site is zoned 6A Open Space pursuant to the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of lighting will enable greater use and enjoyment of the 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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

The park generally contains minimal amount of vegetation and none with major significance.

(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 ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) When determining an application for consent to carry out development on land within zone No 6A or 6B, the Council must consider

 

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

The proposed lighting increases accessibility to a public facility where the applicant has referenced the community demand for organised football in the area along with the absence of a suitable number of training facilities.

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

The proposed development, as well as enabling the use of the park for football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking and informal games. Such use of the park is currently impeded during the winter months.

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

The subject park is currently used for passive recreation and is also used as a sports field. These uses operate simultaneously during the summer months. The current proposal will merely extend the ability for these uses to operate for four (4) winter evenings a week.

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

The existing use of Heffron Park No. 9 & 10 for social recreation and as a sports field will continue.

(2A) 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.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

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 or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little, if any, impact on the landscaping surrounding the park. 

 

Height, Form & Materials

The proposed lighting has been designed in accordance with the Australian Standards governing outdoor lighting systems including AS/NZS 2560.2.Lighting for Football (all codes) and AS 4282 – 1997 (Control of the Obtrusive Effects of Outdoor Lighting)..

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass, floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

The proposed lighting poles are generally consistent in appearance and impact with the various other lighting poles currently existing throughout Heffron Park.

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the capacity and category of Heffron Park as a regional recreational 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.

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. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The light poles will be located approximately 40m away from the nearest residential development. Additionally, the subject site and the proposed lights are separated from the nearest residential development by a road and a part of an embankment, Such features further reduce the impact of the proposed lights upon the nearest residential amenity.

The use of the park for football activities will result in an increase in noise impacts. However, such noise impacts are considered compatible with the regional standing of Heffron Park. Additionally, the road and embankment adjacent to Heffron Park No. 9 & 10 will serve to reduce the transfer of noise generated by the use of the subject site, to the nearest residential properties on the eastern side of Robey Street.

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

The assessment considered the combined supply and demand impacts of the use of Heffron Parks 2, 9 & 10 as all parks are subject to the similar development applications currently submitted to Randwick Council (refer to DA 369/2007) and also because the use of such parks is likely to draw upon the same parking and road networks facilities being in close proximity to each other and to the closest parking facilities.

In relation to parking, the consultant undertook a survey to determine existing peak demands upon surrounding parking provisions and remaining available parking spaces.

The likely peak parking demands which the increased use of Heffron Park No. 2, 9 & 10 will generate was also estimated according to the likely number of team members, officials and supervisors, to determine whether the available parking spaces can accommodate the likely demand associated with the proposed development. The results as determined by GTA Consultants Pty Ltd, are as follows:

 

Time

Demand

Supply of Parking Space Vacancies

5.00pm

112 spaces

266 spaces

6.00pm

224 spaces

234 spaces

7.00pm

224 spaces

301 spaces

8.00pm

224 spaces

383 spaces

9.00pm

112 spaces

394 spaces

 

GTA Consultants Pty Ltd conclude that based on the above figures, there will be ample amount of vacant parking spaces to accommodate the peak parking demands likely to be associated with the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

8.2  Local Government Act 1993

 

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below: -

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, including photomontages and invitation to make submissions to Council.

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

 

8.3  Companion Animals Act 1998

 

Heffron Park No. 2 is not identified by Randwick Council as an ‘off leash dog exercise area’. Accordingly, the proposed installation of light poles will not result in any loss of dog exercise areas within the Randwick Council local government area.

 

8.4  Draft Heffron Park Landscape Concept Plan

 

Randwick City Council commissioned Clouston & Associates to prepare a concept plan for Heffron Park that will guide its long term future development and use. Council adopted the draft Landscape Concept Plan at its 27 June 2006 meeting with a number of changes resulting from the public exhibition process.

 

The development application proposing the installation of eight (8) light poles at Heffron Park No. 9 & 10, and the subsequent evening use of such parks, is consistent with the draft Landscape Concept Plan

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    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 will increase access by members of the public to public facilities with potential social and physical improvements to members of the public. It is recommended the development application be approved 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 368/2007 for development comprising minor excavation to create a suitable base for eight (8) light poles, installation of eight (8) 24 metre high light poles; minor excavation to create a base for the poles and minor trench digging to supply electrical infrastructure to the poles; to facilitate the use of the sports field for formal and informal sporting activities, on four (4) evenings per week during the winter at Heffron Park No. 9 & 10.

 

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 5377 A-001, revision C and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

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 football activities.

 

3.     The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

4.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

5.     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.

 

6.     The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.     The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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

 

8.     All work shall be carried out in accordance with the Asbestos Management Plan for Heffron park prepared by Gary Conaty, ref:060807, dated 9 November 2006.  Any variations to any proposed works or Asbestos Management Plan shall be approved by Council’s Manager Health and Building services prior to the commencement of such works.

 

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

 

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

 

11.   A Certificate or Statement, prepared by an occupational hygienist must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Management Plan for Heffron Park and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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:

 

12.   The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

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

 

15.   Prior to the commencement of any 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.

 

16.   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.

 

17.   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.

 

18.   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”.

 

19.   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.

 

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

 

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

 

21.   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:

 

22.   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.

 

23.   All excavations and backfilling associated with the erection of the light towers 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.

 

24.   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.

 

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

 

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

 

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

 

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

 

27.   Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

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

 

28.   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.

 

29.   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 have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

30.   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:

 

31.   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.

 

32.   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 provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

33.   Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

34.   In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposed light poles, the following measures are to be undertaken:

 

a.     All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

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 HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 

 



 

Director, City Planning Report 52/2007

 

 

SUBJECT:

417 - 439R Bunnerong Road, MAROUBRA (Heffron Park No 2)

 

 

DATE:

14 August, 2007

FILE NO:

DA/369/2007 & PROP045982

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report relating to Development Application 369/2007. Development Application No. 369/2007 proposes the installation of four (4) 20m high light poles each with three (3) floodlights at Heffron Park No. 2. The proposal also necessitates minor excavations creating a base for the poles and minor trench digging for the supply of electricity to the poles.

 

As the application involves work on Council property, the assessment of the development application was referred to external planning consultants for assessment.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 13/08/07

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

13 August, 2007

FILE NO:

DA/369/2007 & PROP045982

 

PROPOSAL:

 Installation of four (4) 20m high light poles each with three floodlights at Heffron Park No. 2. The proposal also necessitative minor excavations creating a base for the poles and minor trench digging for the supply of electricity to the poles.

PROPERTY:

 417 - 439R Bunnerong Road, Maroubra

WARD:

 South Ward

APPLICANT:

 Randwick City Council

OWNER:

 NSW Department of Lands – Crown Lands

 

 

 

 

 

Subject Site

 

                                     

                                     

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a park that is under the care, control and management of Council. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regarded to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts.  The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light poles as “recreation” uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Heffron Park is substantial in area and represents a regional sporting facility. The proposal and likely associated use is consistent with the capacity and regional status of Heffron Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required. The traffic and lighting issues as presented in this application have been assessed and are considered satisfactory.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of general local population physical and social well being. The proposed lighting would allow the park to achieve improved utilisation.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. It is considered that the proposal, on balance, is satisfactory from an environmental planning perspective. It is recommended the application be approved subject to relevant conditions.

 

2.    THE PROPOSAL

 

The development application proposes the installation of light poles at Heffron Park No. 2. The lighting will enable primarily evening football activities to be conducted, as well as other sporting activities.

 

The installation of lighting poles is necessitated to provide additional sporting venues such as football fields due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of such venues in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

 

·                   Installation of four (4) 20m high light poles at Heffron Park No. 2, each with three (floodlights).

·                   Minor excavation to create a suitable base for the light poles

·                   Minor trench digging for the supply of electricity to the poles

 

The proposed lighting will facilitate the use of the park primarily for football activities between 5.00pm to 9.00pm up to (4) evenings per week during the winter, as well as other recreational activities.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Heffron Park No. 2 is part of the Heffron Park regional recreation facility within the Randwick Council Local Government Area (LGA). The facility is approximately 441,00m2 in area and is bounded by Fitzgerald Avenue to the North, Robey Street to the east, Jersey Road to the south and Bunnerong Road to the west.

 

Existing park facilities include an aquatic centre in the south eastern corner, tennis courts to west, netball courts to the north as well as AFL, rugby and soccer fields throughout.

 

An extensive concrete/asphalt track also exists around the perimeter and throughout the park which facilitates various passive recreation facilities such as walking, jogging and bike riding. Heffron Park is not identified as a dog exercise park.

 

Heffron Park No. 2 is centrally located within the regional facility, approximately 120m from the nearest residential development.

 

Public vehicular entry into the regional facility is available from Fitzgerald Avenue, Bunnerong Road and Robey Street. Direct vehicular access to Heffron Park No. 2 does not exist with the nearest off street parking facility being associated with the tennis courts and the aquatic centre accessible from Bunnerong Road and Robey Street respectively, both within approximately 200m of the subject site.

 

Minor amounts of vegetation is scattered throughout the park and along its perimeter. The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses.

 

The surrounding locality consists predominantly of detached and attached residential development up to 2 storeys in height, with the exception of the Southpoint shopping centre located west of the subject site, along Bunnerong Road. Above the shopping centre exists a residential flat building 15 storeys in height.

 

Jersey Road to the south of the subject site functions as a local access street and also provides unrestricted kerbside parking as well as access to 90 degree off street parking within the Heffron Park frontage. To the east is Robey Street representing a major collector road while Fitzgerald Avenue to the north is a secondary arterial road and Bunnerong Road to the west is an arterial road.

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application. In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 6th June 2007.

 

4.1      Submissions

 

In response to the notification period, two (2) individual submissions were received by Council from the following:

 

·       John Trotter, 21 Jersey Road, Matraville

·       R. E. Branson, 59 Nagle Avenue, Maroubra

 

The submissions did not object to the proposal as such, rather supported the proposed development but suggested that additional improvements to Heffron Park were required to accommodate any additional vehicular demand generated by the proposal.

 

Submissions suggested that the existing off-street parking within the Fitzgerald Street frontage of Heffron Park, should be hard paved or similar as the existing sandy impervious surface regularly erodes and may not be able to accommodate the additional demand generated by the proposal. Similarly, it was also suggested that the amount of existing unrestricted on street parking along Jersey Road be increased, east of Anthony Street.

 

Responses to the concerns raised are outlined below.

 

While the suggested improvements are considered valid, they currently do not form part of Council’s financial allocation for the proposed development.

 

Additionally, the suggested improvements are not fundamental to the ongoing use of the park or the proposed development. It would be unreasonable to uphold the proposed development due to such matters.

Furthermore, the draft Heffron Park Landscape Concept Plan recently adopted by Council, includes significant upgrading of parking facilities at Heffron Park.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers.  The following comments have been provided:

 

5.1 Environmental Health Comments

 

The Statement of Environmental Effects (SoEE) submitted with the application states that

 

“A preliminary investigation of the historical uses of the site has identified the park has been continuously used for recreation purposes. The proposed minor excavation of the installation of lighting poles, together with the associated electricity infrastructure is not considered to result in any issues in regards to contamination.

 

As the proposal would not alter the use of the subject site, it is considered that the proposed development would not raise any risk to human health.

 

The proposal raises no further matters with regard to site contamination and is satisfactory with regard to the provisions of SEPP 55. Consequently the site is considered suitable for the intended use.”

 

The Environmental Health Unit is aware that the sites history may include potentially contaminating activity, specifically the demolition and disposal on site of asbestos material. The SoEE does not discuss management of this issue, and Council’s EHU requires further consideration of the potential for contamination on the site prior to issuing any approval.

 

It is considered that further information is required in relation land contamination prior to consent being issued as Council needs to ensure that the land is suitable for the proposed development, in accordance with the provisions of the Environmental Planning & Assessment Act 1979, SEPP 55, Contaminated Land Management Act 1997 and Council’s Contaminated Land Policy 1999.

 

RECOMMENDATION

 

The following information is required to be submitted to Council prior to a determination of the development application.

 

1. A detailed site contamination investigation of the land affected by the proposed development must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past activities that may have occurred on site and current usages.

 

The report is to be carried out in accordance with Council’s Contaminated Land Policy 1999 and relevant NSW EPA Guidelines for Contaminate Sites.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and approved by Council’s Manager Environmental Health & Building Services.

 

In response to the above comments, the applicant has provided the information

 

 

 

Suitable conditions are included in the recommendation to ensure that the works are carried in accordance with the relevant standards.

 

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

-     Local Government Act 1993

-     Companion Animals Act 1998

-     Draft Heffron Park Landscape Concept Plan

 

 

 

 

7.    SECTION 79C ASSESSMENT:

 

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

 

8.1  Randwick Local Environmental Plan 1998

 

Zoning and Permissibility

 

The site is zoned 6A Open Space pursuant to the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

 

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

The proposed installation of lighting will enable greater use and enjoyment of the 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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

 

The park generally contains minimal amount of vegetation and none with major significance.

(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 ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) When determining an application for consent to carry out development on land within zone No 6A or 6B, the Council must consider

 

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

The proposed lighting increases accessibility to a public facility where the applicant has referenced the community demand for organised football in the area along with the absence of a suitable number of alternative necessary facilities.

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

The proposed development, as well as enabling the use of the park for football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking and informal games. Such use of the park is currently impeded during the winter months.

 

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

The subject park is currently used for passive recreation and is also used as a sports field. These uses operate simultaneously during the summer months. The current proposal will merely extend the ability for these uses to operate for four (4) winter evenings a week.

 

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

The existing use of Heffron Park No. 2 for social recreation and as a sports field will continue.

(2A) 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.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

 

The land is owned by Randwick City Council.

 

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 or a conservation area.

 

Part 4A - Natural Heritage Provisions

 

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little, if any, impact on the landscaping surrounding the park. 

Height, Form & Materials

The proposed lighting has been designed in accordance with the relevant Australian Standard governing outdoor lighting systems including AS /NZS 2560.2.3 “Lighting for Football (all codes)”.

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. It offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass, floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

The proposed lighting poles are generally consistent in appearance and impact with the various other lighting poles currently existing throughout Heffron Park.

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the capacity and category of Heffron Park as a regional recreational facility. The impacts of the proposed lighting on the natural features of Heffron Park are considered to be in keeping with the capacity expectations of a regional facility.

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 time frame. Given the minor nature of the works and the distance of the site from the nearest residential development, the impacts will be negligible upon residential amenity. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The light poles will be located approximately 120m away from the nearest residential development. A lighting technical report accompanying the application, prepared by Light Studio 21 Pty Ltd states that due to such distances, the lighting generated by the proposal will not impede upon the visual privacy or amenity of the nearest residential properties.

The use of the park during winter evenings for football activities will result in an increase in noise impacts. However, such noise impacts are considered compatible with the capacity expectations of Heffron Park considering its size and regional status while the 120m distance from the nearest residential development will minimise noise impacts. Additionally, the use of the park in the evenings of winter months will be consistent with use during summer months.

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

The assessment considered the combined supply and demand impacts of the use of Heffron Parks 2, 9 & 10 as all parks are subject to the similar development applications currently submitted to Randwick Council (refer to DA 368/2007) and also because the use of such parks is likely to draw upon the same parking and road network facilities due to their proximity to each other and to the closest parking facilities.

In relation to parking, the consultant undertook a survey to determine existing peak demands upon surrounding parking provisions and remaining available parking spaces.

The likely peak parking demands which the increased use of Heffron Park No. 2, 9 & 10 will generate was also estimated according to the likely number of team members, officials and supervisors, to determine whether the available parking spaces can accommodate the likely demand associated with the proposed development. The results as determined by GTA Consultants Pty Ltd, are as follows:

Time

Demand

Supply of Parking Space Vacancies

5.00pm

112 spaces

266 spaces

6.00pm

224 spaces

234 spaces

7.00pm

224 spaces

301 spaces

8.00pm

224 spaces

383 spaces

9.00pm

112 spaces

394 spaces

 

GTA Consultants Pty Ltd conclude that based on the above figures, there will be ample amount of vacant parking spaces to accommodate the peak parking demands likely to be associated with the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

8.2  Local Government Act 1993

 

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below: -

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, photomontages and an invitation to make submissions to Council.

 

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

 

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

 

8.3  Companion Animals Act 1998

 

Heffron Park No. 2 is not identified by Randwick Council as an ‘off leash dog exercise area’. Accordingly, the proposed installation of light poles will not result in any loss of dog exercise areas within the Randwick Council local government area.

 

8.4  Draft Heffron Park Landscape Concept Plan

 

Randwick City Council commissioned Clouston & Associates to prepare a concept plan for Heffron Park that will guide its long term future development and use. Council adopted the draft Landscape Concept Plan at its 27 June 2006 meeting with a number of changes resulting from the public exhibition process.

 

The development application proposing the installation of four (4) light poles at Heffron Park No.2, and the subsequent evening use of such parks, is consistent with the draft Landscape Concept Plan

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    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 will increase access by members of the public to public facilities with potential social and physical improvements to the local population. It is recommended the development application be approved 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 369/2007 for development comprising minor excavation to create a suitable base for four (4) light poles, installation of four (4) 20 metre high light poles; minor trench digging as required to supply electrical infrastructure to the light towers; to facilitate the use of the sports field for formal and informal sporting activities until 9.00pm, on four (4) evenings per week during the winter at Heffron Park No. 2.

 

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 5377 A-002, revision D and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

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 football activities.

 

3.     The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

4.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

5.     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.

 

6.     The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.     The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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

 

8.     All work shall be carried out in accordance with the Asbestos Management Plan for Heffron park prepared by Gary Conaty, ref:060807, dated 9 November 2006.  Any variations to any proposed works or Asbestos Management Plan shall be approved by Council’s Manager Health and Building services prior to the commencement of such works.

 

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

 

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

 

11.   A Certificate or Statement, prepared by an occupational hygienist must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Management Plan for Heffron Park and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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:

 

12.   The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

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

 

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

 

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

 

15.   Prior to the commencement of any 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.

 

16.   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.

 

17.   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.

 

18.   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”.

 

19.   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.

 

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

 

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

 

21.   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:

 

22.   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.

 

23.   All excavations and backfilling associated with the erection of the light towers 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.

 

24.   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.

 

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

 

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

 

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

 

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

 

27.   Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

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

 

28.   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.

 

29.   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 have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

30.   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:

 

31.   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.

 

32.   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 provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

33.   Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

34.   In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposed light poles, the following measures are to be undertaken:

 

a.     All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

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 HARDING

DIRECTOR, CITY PLANNING

Willana associates

 


 

Director, City Planning Report 53/2007

 

 

SUBJECT:

55 Denning Street, South Coogee

 

 

DATE:

10 August, 2007

FILE NO:

DA/695/2005/B & PROP015503

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a report for a Section 96 application DA/695/2005/B to amend the approved development by relocating the access steps to the lower garden, widening the east facing rear windows on the upper and middle floor levels and amending condition 9 to allow for a roof over the proposed balcony.

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 8 August 2007

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

8 August, 2007

FILE NO:

DA/695/2005/B & PROP015503

 

PROPOSAL:

Section 96 application DA/695/2005/B to amend the approved development by relocating the access steps to the lower garden, widening the east facing rear windows on the upper and middle floor levels and amending condition 9 to allow for a roof over the proposed balcony.

PROPERTY:

 55 Denning Street, South Coogee

WARD:

 East Ward

APPLICANT:

 Archispectrum

OWNER:

 Mr J Christopher and Ms M Christopher

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The Section 96 application is referred to Council as the original application was determined by Council

 

This Section 96 application was lodged on 4 July 2007 and is seeking consent to modify the approved development which originally involved alterations and additions to the existing three level dwelling house. The modifications proposed in this application include the demolition of external stairs leading to the lowest level of the terraced garden at the rear of the site, the widening of the bedroom 1 and meals room openings at the middle and upper level levels respectively, amending the wording of condition no.9 of the development consent to allow for the roof structure above the upper level meals room to remain. It is also proposed to delete the vertical steel supporting structure to the upper level meals room and cantilevering the roof to improve the quality of views obtained from the kitchen/meals room window of the adjoining property to the south, no.57 Denning Street.

 

The application was notified to the surrounding residents from 12 July 2007 to 26 July 2007 and five submissions were received during this notification period. The submissions raised concerns regarding additional visual privacy impacts from the widening of the bedroom 1 and meals room openings, the inconsistency of the development in respect to the intent of condition no.9 of the development consent and subsequent erosion of the quality of views and the potential for increased overlooking from the external stairs located at the rear of the subject site.

 

Site inspections were conducted to the subject site and adjoining property to the south to ascertain the degree of the impacts in respect to visual privacy and view loss. A site visit was also undertaken to the subject site to gauge the potential increase in overlooking from the bedroom 1 and meals room openings and the rear stairs at the rear of the subject site. Subsequent to the visits, the applicant agreed to demolish the rear stairs and delete it from the Section 96 application and also cantilever the roof structure over the rear upper level terrace thus removing the vertical steel supports, addressing the concerns regarding potential degradation of coastal views enjoyed by the occupants of no.57 Denning Street. In light of these modifications, it is deemed that the proposal is acceptable and that the visual privacy concerns regarding the relatively minor widening of the openings at upper and middle floor levels are not founded as the widening of the openings will not be inconsistent with the size of openings present in the dwellings surrounding the subject site. The modifications regarding the demolition of the rear external stairs and the cantilevering of the meals room terrace roof have been included as conditions in the consent.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed modifications to the approved development includes in detail:

-   Demolition of the rear garden access steps and deletion from the plans (this is a modification agreed by the applicant post-lodgement).

-   Widening the bedroom 1 and meals room windows at middle and upper level respectively.

-   Amendment of condition no.9 of the development consent be reworded to read: “The proposed vertical privacy screens located along the southern and western side of the upper level balcony (off the proposed meals room) shall be deleted.”

-   Delete the steel post vertical support to the rear upper level balcony and cantilever the roof structure.

 

It is noted that the applicants at a site visit on 6 August 2007 agreed to amend the proposal by demolishing the rear access steps to the lower garden and cantilever the rear terrace roof to lessen the potential impact of the structure to the views enjoyed by the adjoining property to the south.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Denning Street and is presently occupied by an existing three storey dwelling with the top level being at street level and two levels below. The site has slopes significantly from the street, has frontage width of 12.9m, northern and southern boundaries of 38.33m and 35.03m respectively, and has an overall site area of 457sqm. Neighbouring the properties to the north and south are also three storey dwellings both with similar configurations of floors at street level and below. To the rear of the subject site is a lot which runs perpendicular and has a street frontage to Pierce Street. The surrounding area is located within the scenic foreshore protection area, is residential in character and consists predominantly of two and three storey dwellings.

 

Figure 1 is an aerial view of the subject site and surrounding area. Figure 2 is 55 Denning Street from the rear of the subject site.

 

Figure 1: The subject site and surrounding area. The diagonal hatching indicates the area covered by Cl. 29 of the LEP.

4.    SITE HISTORY

 

4.1      Application History

 

The Section 96 application was lodged on 4 July 2007 and notified to the surrounding properties from 12 July 2007 to 26 July 2007. Five submissions were received as a result of the notification period and generally raised concerns regarding the potential adverse impact of the rear terrace structure to the coastal views, the potential adverse impact of visual privacy from the rear external stair case to the lower level terrace and the potentially significant visual privacy impact as a result of the increase in the size of the first floor rear opening to the meals room.

 

A site visit was conducted to the adjoining property to the south to ascertain the impact of the development to coastal views enjoyed from the first floor level and the potential impact to privacy as a result of the increase in the size of the meals room opening. A site visit was also conducted to the subject site to assess the degree of the impact arising from the constructed rear external stair case leading to the lowest level of the rear yard. At that meeting, the applicant agreed to demolish the external rear stairs and cantilever the rear balcony roof thus removing the necessity for vertical support posts and lessening the degree of impact upon the views enjoyed by the adjoining neighbour to the south. These amendments have carried through this assessment and will be included as conditions in the development consent.

 

 

Figure 2: no.55 Denning Street from the rear of the subject site. The dwelling to the left (south) is no.57 Denning Street.

4.2      History of Site Usage

Previous applications submitted for development on the site includes:

Development No.

Description

Determination

BA/325/1977

Alterations

Approved on 1 January 1977

BA/610/1987

A new front fence, timber deck and additions to existing garage

Approved on 30 June 1987

DA/420/1999

Internal alterations and two level addition to the rear of an existing dwelling

Approved on 21 June 1999

DA/420/1999/A

Internal alterations and two level additions to the rear of an existing dwelling.

Approved on  8 July 1999

DA/420/1999/B

Deletion of condition 5 requiring installation of a privacy screen along north- western end of terrace.

Withdrawn on 19 February 2001

DA/695/2005

Alterations and additions to existing dwelling including extension of bedroom and living areas to the rear at first and second floor level, modification of dwelling entry,  extension of existing garage from single to double garage, extension of upper level patio to the rear, landscaping works to the rear yard including new swimming pool and spa and retractable awning over pool.

Approved at Council’s Health, Building and Planning Committee meeting of 11 July 2006.

DA/695/2005/A

Section 96(1A) - Application to re-build a portion of the southern wall of the existing garage.

Approved on 8 August 2007.

 

5.    COMMUNITY CONSULTATION:

 

The owners of adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification of Development Proposals and Council Plans. As a result of this notification, the following submissions were received:

 

5.1 Objections

J Gadge of 57 Denning Street, .

Issue

Comment

The increase in the size of the meals room opening will result in a significant privacy impact to the use of the rear terrace.

The proposed widening of the meals room window will not significantly impact upon the privacy of the objector’s upper level rear terrace as the increased width of the opening will only allow views across the northern corner of the terrace. A degree of

 

mutual overlooking is considered acceptable in the context of the development in the area and the relationship of balconies and terraces between the two dwellings at no.55 and no.57 Denning Street.

The intent of condition no.9 of the development consent “was very clear” and the construction of the metal support structure will adversely impact upon northern and north-eastern coastal views and the construction of the roof will impact upon solar access and views.

The primary intent of the wording of condition no.9 was to delete the privacy screens along the southern side of the terrace and roof over to improve access to views for the adjoining property to the south.

Is concerned that stormwater from the roof and terrace area will run into adjoining properties.

Stormwater from the roof and meals terrace will be connected to the stormwater facilities of the site without traversing other properties.

The construction of the external stairs to the lower terrace level have already been constructed.

Under the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, applicants are permitted to seek retrospective approval for completed works as long as they are considered to result in substantially the same development.

The increase in the size of the meals room opening will result in a significant privacy impact to the use of the family room, dining room and rear terrace areas.

Noted and addressed above.

Condition no.9 of the development consent “clearly stated” that “the balcony shall remain open”. The construction of the balcony roof will adversely impact upon solar access and views.

The issue relating to the intent of condition no.9 of the development consent is assessed in this report below.

KN Planning on behalf of the owners of 57 Denning Street, South Coogee.

Issue

Comment

The building works that relate to this Section 96 application have already been constructed.

As above.

Condition no.9 of the development consent intended for the balcony to open of all structures including the deletion of the roof and support structures.

As above.

The proposed increase in the size of the opening to the rear meals room will “have adverse impacts on the amenity of the internal and external living areas for both No 55 and No 57 as the overlooking potential is available from both dwellings.”

As above.

Terrence Foo – 2 Pearce Street, South Coogee

Issue

Comment

The construction of the rear access stairs to the lowest level of the garden will “put pressure on the retaining wall as well as exacerbating the overflow of rain water” into Mr Foo’s property.

As of 6 August 2007 and agreed by the applicant, the rear access stairs will be demolished and deleted from the proposal. A condition will be included in the development consent requiring the deletion to be reflected in amended construction certificate plans.

“Standing on the stairs would almost tantamount to standing on top of the paling fence looking down to the rear entrance” of Mr Foo’s house.

See comment above.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1      Building and Development Control Services

 

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

 

The Proposal

 

The subject development relates to major alterations and additions to the existing dwelling.

The Section 96 amendment proposes to legitimise the construction of steps to the rear lower yard that have been reconfigured and constructed and also to seek approval for a metal frame and glazed roof over the rear balcony off the meals room at upper level level.

 

RECOMMENDATION:

 

No objection seen from a BCA viewpoint.

 

Advisory statements to be included in the section 96 determination

 

1.       The existing conditions of Development Consent are required to be complied with (except as amended in this determination).

 

2.       An amended Construction Certificate must be obtained from the Certifying Authority, encompassing the variations contained in this section 96 determination, prior to carrying out any further work on the variations contained in this application, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

3.       The applicant is advised that a failure to obtain a new construction certificate or an amendment to the existing construction certificate before carrying out the subject variations is an offence and may result in the issuing of notices or orders, issuing of penalty infringements or other regulatory action by Council.

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

-   Randwick Local Environmental Plan 1998.

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

-   Development Control Plan - Public Notification of Development Proposals and Council Plans

-   Randwick City Council Section 94 Development Contributions Plan

-   Building Code of Australia (BCA).

 

8.1      SECTION 96 AMENDMENT

 

8.1.1   Substantially the same

 

The proposed modifications to the approved development are considered substantially the same as they do not significantly alter the appearance of the dwelling on the streetscape or from the surrounding properties. The modification to the rear terrace involving the deletion of the vertical supports and the cantilevering of the roof, the deletion of the rear access stairs to the lowest terrace level and the widening of the windows to bedroom 1 and the meals room at the middle and upper levels respectively, are considered to result in substantially the same development.

 

8.1.2   Consideration of submissions

 

The five submissions received during the notification period have been considered and addressed above in this report and the objectors interviewed as part of the assessment of this application. The property of the adjoining property to the south was visited to ascertain the potential impact of the proposed development.

8.2      Randwick Local Environmental Plan 1998

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

 

The following clauses of the Randwick Local Environmental Plan 1998 are applicable to the proposed development:

 

Clause No.

Requirement

Provided

Compliance

29 – Foreshore scenic protection area

To identify visually prominent residential areas along the coast and establish consent requirements for development in these areas to protect and enhance their visual qualities.

The proposal involves relatively minor works that will not affect the overall massing, proportion or external finishes of the dwelling.

The impact upon the views enjoyed from the foreshore area is considered negligible. Complies.

 

8.3 Policy Controls

 

8.3.1   Dwelling Houses and Attached Dual Occupancies Development Control Plan

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

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposed modifications will provide an oblique, but not direct view into the sliding doors of the upper level rear terrace of no.57 Denning Street. The increase to the meals room window will be offset 45 degrees from any window to the adjoining property. Complies.

S1

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

The proposal will not increase overlooking or direct views into the open space of an adjoining dwelling.

S1

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

The proposal does not alter the sill heights of the approved development.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

i.   Modified meals room opening at Upper Level.

Firstly it should be noted that the existing setback of the meals room opening from the southern boundary is 2m and that the approved development increased the setback to 3.2m. As such the proposal seeks to modify the setback to 2.3m from the southern boundary, 300mm greater than the existing situation. The proposed modified opening has an eastern orientation that provides a view across the rooftops of the dwellings located at the rear along Pierce Street to the ocean and across into the adjoining terraces of No.57 Denning Street. Due to the terrace structure adjoining the meals room, views directly downwards into the rear yard of the subject site and the rear yards of the adjoining properties is significantly reduced.

In respect to the meals room opening, it was noted in the Council report for the approved development that:

“The proposed additions to the upper level balcony will include a vertically louvred privacy screen that will screen direct overlooking into No.57 Denning Street from persons using the balcony.”

 

Condition No.9 of the development consent required the deletion of the privacy screen to the southern side of the terrace to reduce the impact upon the views enjoyed from the north facing window of the adjoining property at no.57 Denning Street. As a result of the deletion of the privacy screen, the impact of overlooking between the meals room, the terrace accessed via the meals room and the terraces of No.57 Denning Street was increased. This increase in overlooking is not significant given the degree of overlooking that currently exists due to the density of development and topography of the area. The deletion of the screen facilitated an improvement in regards to the quality of the view enjoyed by the adjoining property to the south however this has resulted in free views between the two properties. It should be noted that direct views from the enlarged meals room opening into the windows of No.57 Denning Street will not be possible within the 45 degree viewing angle stipulated in the DCP. Whilst views into the rear room sliding doors of No.57 Denning Street will be possible it is considered that the overlooking potential is primarily at an oblique angle and not significant.

 

Whilst the proposed modifications will reduce the setback of the meals room opening from the southern boundary, it is considered that the deletion of the privacy screen and the retention of the window setback would have resulted in a similar level of overlooking from that window. As such it is deemed that the degree of overlooking as a result of the increased meals room opening is commensurate with the relatively high degree of overlooking that is pervasive in the area. The overlooking between No.55 and No.57 Denning Street is primarily a result of the deletion of the privacy screen and that the level of glazing and openings of No.55 Denning Street is not inconsistent with the amount of glazing and openings present at No.57 Denning Street. Therefore the modification of the meals room opening is considered acceptable, noting the mutual overlooking between the window and balcony of No.57 Denning Street, and the improvement of views enjoyed by the residents of No.57 Denning Street has been achieved.

 

ii.  Modification to the Bedroom 1 window at Middle Level.

 

The modification to the bedroom 1 window at the middle level of the dwelling involves decreasing the setback of the window from the southern boundary from 2.6m to 2.3m. The figure below is a photograph from the middle level family room of No.57 Denning Street and shows the relationship of bedroom 1 of No.55 Denning Street.

Figure 3: Photograph of bedroom 1 of no.55 Denning Street as viewed from the middle level family room of no.57 Denning Street.

As observed in the photograph above, the view obtained from the bedroom 1 window is at an oblique angle and direct views from the window into the family room window of no.57 Denning Street would be possible, however this degree of overlooking was present in the approved development and not a result of the proposed modifications. The increased window size will potentially increase the degree of overlooking possible between the bedroom 1 window and the rear terrace of no.57 Denning Street; however the overlooking potential is considered minor and complies with the preferred solution requiring screening for windows within 45 degrees when within 9m of another dwelling’s window.

The increased potential for overlooking from the bedroom 1 window is not considered to result in a significantly perceivable decrease in visual privacy as the amount of increased window is deemed to be relatively minor in the context of larger windows and openings present in the immediate vicinity.

As such the modifications to the bedroom 1 window is acceptable.

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 modifications will not alter the form, colour, materials or finishes of the approved dwelling. Complies.

P3

Stepped buildings on sloping sites are articulated.

The proposal will not adversely impact upon the stepped nature of the development.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

The proposal will not affect the setbacks of the approved development, and satisfies the principle of view sharing (See below)

P5

Ancillary structures do not detract from the appearance of developments.

The removal of the vertical support posts of the rear terrace will lessen the impact of the views obtained from the adjoining property to the south.

 

The proposal also involves the modification of Condition No.9 of the development consent. The condition reads as follows:

 

9.  The proposed vertical privacy screens located along the southern and eastern side of the upper level balcony (off the proposed meals room) and the associated shall be deleted and the balcony shall remain open.

 

The applicant states in the supplied Statement of Environmental Effects (SEE) dated June 2007 that “the objective of this condition is understood to be the improvement of views from No. 57 Denning St” noting that “it was accepted to remove the privacy louvres to protect views from No. 57, despite compromising the privacy between the properties.” The applicant states that the “proposed roof does not impact upon the views from No. 57 and it greatly improves the amenity of No. 55 by offering covered outdoor area off the main living areas, which is currently unavailable.” The applicant objects to the deletion of the roof structure claiming that it was an “integral part of the design from the outset” and that it “does not impact upon” the views enjoyed by the adjoining property at No. 57 Denning Street.

 

As noted previously in this report, the applicant and owner of the subject site have agreed to cantilever the roof above the rear meals room terrace thus eliminating the vertical steel posts required to support the roof. As such the impact upon the views enjoyed from the upper level kitchen window of no.57 is improved and is considered to satisfactorily achieve the intent of the condition, which required the balcony to be made open through deletion of the privacy screen and associated structures that may impinge upon the view or the quality of the view obtained from the adjoining property to the south. The deletion of the roof is not considered necessary as indicated in the Figure 3 and Figure 4 below as the roof would not be an immediately visible element from the windows at the upper level of No. 57 given the underside level of the roof structure is approximately RL 48.83, which is above the top of the window head of the kitchen window of No. 57 comprising of RL 48.20.

Figure 3: The view from the upper level kitchen window of no.57 at approximately 1.5m from the window.

As such, the view from the kitchen window of no.57 would be primarily across at a horizontal plane occasioning in a downwards manner to pick up the coast and the interface between the land and ocean. Further, it is noted that the assessment of view impact undertaken for the original application considering the overall views obtained from the property and concluded that whilst the view of Wedding Cake Island and the interface between land and water would be severely impacted at some windows, the overall extent of the impact was classified as being minor or moderate given the extensive views achieved from the remaining windows and rear terraces.

Figure 4: The view from the upper level kitchen window and rear sliding doors leading to the rear terrace of no.57 at approximately 5m from the window.

 

The deletion of the vertical posts to the balcony will improve the amenity and view for the adjoining property the south. It is considered that the intent of Condition No. 9, that the “balcony shall remain open” has been achieved by the proposal and that the cantilevering of the roof structure will provide cover to the south-east facing meals room window whilst not being immediately noticeable from No. 57 Denning Street.

 

As such the modification to Condition No. 9 is supported.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Not applicable.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The rear yard will receive at least 3 hours of sunlight. Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

The proposal includes north-facing windows that will receive at least 3 hours of sunlight. Complies.

S9

Solar access to existing or future solar collectors on adjacent buildings is maintained between 9am and 3pm each throughout the year.

The proposal will not overshadow solar collectors on adjoining properties. Complies.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposed modifications will not reduce solar access to less than 3 hours on north-facing windows of no.57 Denning Street. Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

In terms of Performance Requirements, as a general guide new dwelling houses and attached dual occupancies must demonstrate that they have been designed to achieve energy efficiency; achieve a NatHERS, rating of 3.5 stars; and buildings are orientated and internally configured to take advantage of and maximise solar access.

A submission was received during the notification period that raised concerns regarding the potential for the roof above the upper level rear terrace to adversely impact solar access to the north facing windows at lower, middle and upper levels of no.57 Denning Street. It is noted that the roof above the upper level terrace is setback from the southern boundary by 3m and it is considered that any additional shows cast by the structure will not impact solar access on the north facing windows at lower, middle or upper levels of no.57 Denning Street.

 

The assessment of the approved development determined that whilst solar access to the middle level kitchen window will receive less than 3 hours of sunlight, “adequate sunlight will enter the dwelling via the easternmost north-facing window on that floor and through large east facing windows.” It is considered that the roof to the upper level meals room terrace will be sufficiently setback (3m) from the southern boundary, will be lower in height than the dwelling such that the shadow cast from the structure will be primarily to the dwelling of no.55 Denning Street and not onto the windows of the adjoining dwelling to south, no.57 Denning Street. 

 

9.     RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

9.1    Outcome 4: Excellence in urban design and development

 

The proposed modifications are compatible with the character of the approved development on the site and will not detract from the appearance of the dwelling to the surrounding area or impact upon the established streetscape.

 

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

 

The proposed modifications will improve the design of the dwelling, particularly the views obtained by the adjoining property at No.57 Denning Street. The modifications will not adversely impact the sustainability of the dwelling or that of neighbouring dwellings.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposed modifications to the approved development will result in substantially the same development and will generally meet the objectives and performance requirements of the Dwellings and Attached Dual Occupancies Development Control Plan. It is deemed that the demolition of the external stairs to the rear yard and the cantilevering of the roof of the upper level rear terrace will address the most pertinent concerns of the adjoining properties. The issues relating to visual privacy impacts is not supported as the widening of the openings to the upper level meals room and middle level bedroom 1 are not significant and will not result in a perceptible increase in overlooking. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the locality, including the foreshore scenic protection area. The proposal may be approved subject to compliance with conditions of consent.

 

RECOMMENDATION:

 

A.      THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to modify Development Consent No.695/2005/B for no.55 Denning Street, South Coogee in the following manner:

 

Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 01-b, 02-b, 03-b, dated 16-04-2006 and received by Council on 16 March 2006, the application form and on any supporting information received with the application, as amended by the Section 96 plan numbered 01a, drawn by Archispectrum, dated 2 July 2007 and received by Council on 4 July 2007, as amended by the Section 96 plans 01-c, 02-c and 03-c, drawn by Archispecturm, dated 2 July 2007, received by Council on 4 July 2007, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans.

 

Amend Condition No. 9 to read:

 

9.       The upper level rear terrace to the meals room shall be cantilevered and the steel supporting structure shall be deleted from the plans. Amended plans shall be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to an  amended construction certificate being issued for the development.

 

Add the following conditions:

 

66.     The external stair case located at the lowest level of the rear yard of no.55 Denning Street shall be demolished and deleted from the Section 96 plans and the existing retaining wall is to be continued along this portion of the terrace. Details of compliance are to be shown in the construction certificate plans.

 

Add the following advisory conditions:

 

A6      An amended Construction Certificate must be obtained from the Certifying Authority, encompassing the variations contained in this section 96 determination, prior to carrying out any further work on the variations contained in this application, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A7      The applicant is advised that a failure to obtain a new construction certificate or an amendment to the existing construction certificate before carrying out the subject variations is an offence and may result in the issuing of notices or orders, issuing of penalty infringements or other regulatory action by Council.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

SENIOR DEVELOPMENT ASSESSMENT OFFICER


 

Director, City Planning Report 54/2007

 

 

SUBJECT:

28 WALSH AVENUE, MAROUBRA (NAGLE PARK)

 

 

DATE:

14 August, 2007

FILE NO:

DA/370/2007 & PROP005479

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report relating to Development Application 370/2007. This DA proposes the installation of eight (8) 18m high light poles at Nagle Park. Six (6) of the poles will include three (3) floodlights and two (2) poles will include two (2) floodlights. The proposal also necessitates minor excavation to create a base for the poles and minor trench digging for the supply of electricity to the poles.

 

The application has been the subject of comprehensive community interest attracting a number of submissions objecting to the proposal.

 

As the application involves work on Council property, the assessment of the development application was referred to external planning consultants for assessment.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 14 August 2007.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 August, 2007

FILE NO:

DA/370/2007 & PROP005479

 

PROPOSAL:

 Installation of eight (8) 18m high light poles at Nagle Park.  Six (6) of the poles will include three (3) floodlights and two (2) poles will include two (2) floodlights. The proposal also necessitates minor excavations to create a base for the poles and minor trench digging for the supply of electricity to the poles.

PROPERTY:

 28 Walsh Avenue, Maroubra (Nagle Park)

WARD:

 Central Ward

APPLICANT:

 Randwick City Council

OWNER:

 Randwick City Council

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a Council park. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts as well as accessibility to the park by those living in proximity. The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light structures as recreation uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Nagle Park is reasonably large in terms of area and represents an important local facility for formal and informal recreational facilities. The proposal is consistent with the capacity of the Nagle Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required.  The traffic, lighting and access issues, as presented in this application, have been assessed and are considered satisfactory.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of local population general physical and social well being. The proposed lighting would allow the park to achieve improved utilisation.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. For these reasons 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 installation of light poles at Nagle Park, Maroubra, which will enable increased utility of open space.

 

The installation of lighting poles is primarily necessitated to provide additional football training facilities due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of training facilities in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

·                Installation of eight(8) 18m high light poles at Nagle Park. Six (6) of the poles will include three (3) floodlights and two (2) poles will include two (2) floodlights.

·                Minor excavation to create a suitable base for the light poles

·                Minor trench digging for the supply of electricity to the poles

 

The area to be lit by the proposed lighting are two adjoining football fields as is demonstrated within the lighting report prepared by Light Studio 21 Pty Ltd and contained in Appendix B of the Statement of Environmental Effects (SEE).  Field 1 is located at the Wild Street end of Nagle Park while field 2 is centrally located within the park.

 

The proposed lighting will make the field available for football activities, as well as other recreational activities up to four (4) evenings per week until 9.00pm principally during winter.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Nagle Park is located in the Randwick Council Local Government Area (LGA) and is approximately 32,200m2 in area. Nagle Park is bounded by Holden Street to the north, Walsh Avenue to the south, Wild Street to the west and detached residential dwellings to the east.

 

Existing park facilities include a concrete cricket pitch, two (2) fields 100 x 60 metres in dimension currently used for weekend rugby competition matches, amenities buildings with toilets and change rooms and an area for informal recreation facilities at the eastern end of the park catering for walking, jogging and dog activities. There is no vegetation in the centre of the park where the sports fields are located. The use of the park for active recreation is currently limited to daylight hours.

 

The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses. The park contains prominent trees along its perimeter, achieving a varied height of between 10 – 20 metres.

 

Holden Street to the north of the site generally consists of attached and detached residential dwellings up to two (2) storeys in height, with the exception of St Edmunds Church located on the corner of Holden and Wild Streets. Minimal vegetation aligns the northern side of Holden Street. Unrestricted street parking is available.

 

Similarly Wild Street to the west also consists of attached and detached dwellings up to two (2) storeys in height with minimal vegetation alignment and unrestricted street parking also available.

 

South Sydney High School is opposite the subject site to the south and fronts Walsh Avenue. An open concrete channel exists along the northern side of Walsh Avenue.

 

Nagle Park to the east is bounded by the rear boundaries of allotments fronting Paine Street. Such allotments generally consist of attached and detached dwellings up to two (2) storeys in height.

 

The park is also in close proximity to Eastgardens Shopping Centre.

 

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application.  In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 4th June 2007.

 

4.1      Submissions in Objection

 

In response to the notification period, ninety two (93) individual submissions were received by Council. The submissions were received from:-

 

The issues raised are summarised below:

1.    Properties are directly affected by the proposal but there was no prior consultation with owners;

2.    Inadequate information provided in the SEE regarding the proposal;

3.    Noise & Disruption;

4.    Traffic Impact;

5.    Parking Impact –parking already at saturation point

6.    Littering;

7.    Residential Amenity Impact -Neighbouring residences will be overlooked.

8.    Peaceful aspect enjoyed by adjoining properties will be reduced;

9.    Social Impacts- Will become an area for troublemakers;

10.  Economic Impacts – under-utilisation of the lights at this location – they should be placed somewhere they can be used more frequently and for longer; suitability of the site for this development.

11.  Conflicts with other park users – football training and passive uses cannot operate simultaneously;

12.  Loss of amenity to the area – park acts as a back yard for residents in the area – negative impact on quality of life;

13.  Changing character from a Passive Recreation Park to An Active Recreation Park and need for change in plan of management;

14.  Council is allowing use of the park for benefit of a few. Proposal assists Rugby/League lobby groups rather than the interests of the general community;

15.  Light towers will be a visual eyesore;

16.  Residents living close by will experience light spill;

17.  Nightlight will disturb residents and wildlife;

18.  Poles will be unsightly and will be in breach of height limits for structures in this area and the character of the 18m poles is incompatible with the environment of the park;

19.  Lighting will eventually be used more frequently and for longer hours than originally stated as it is otherwise uneconomic to install the lights. Suspect the lighting will not be only used by children;

20.  Importance of park for dog walking (leash free zone) and socializing is reduced. Nagle Park is an intensively used  dog exercise park in the locality;

21.  Suggestion of alternative locations such as Heffron Park.

22.  Proposed Use is incompatible with existing use. SEE shows that the only ground available to the public while football is in practice is a relatively narrow strip along the eastern boundary of the park;

23.  Deterioration of the park from football use – park’s grass is not strong enough to withstand regular football training;

24.  Restriction of present free access to the park and restriction at prime-time in the evening when working population uses park for recreation;

25.  General loss of passive space which is being taken over by clubs (refers to 2 Articles in the Southern Courier Tuesday 20th March regarding Pioneer’s Park and Coogee Oval);

26.  Unacceptable for the general public to be denied unimpeded access to a public park and unfair to deny people not in clubs the use of the park and that they will lose use of the park for 4 nights per week;

27.  There are a range of other sports clubs in the area and there are sufficient dedicated areas for sports training e.g. Coogee Oval etc.

 

Responses to the concerns raised are outlined below.

Lack of Consultation & Information in the SEE

A comprehensive SEE was prepared on behalf of Randwick Council by SJB Planning Pty Ltd 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. Separately commissioned expert consultant reports on lighting impact and traffic and parking impacts were summarised within the SEE and appended to the document.

 

The applicant also undertook consultation with the residents of the immediate adjoining properties of Nagle Park by way of an information sheet.  This information sheet allowed residents to gain a visual understanding of the proposal. It included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with a 2 – 3 week opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 4th June 2007.

 

Noise & Disruption

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The level of noise impact from football activities is considered compatible with the noise impact associated with a public park.

During the brighter summer months, the sports fields are free to be used without time limitation. Any noise and disruption experienced as a result of the proposal will be no greater than what can be experienced without regulation over the summer months.

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. Adjoining properties will not experience any significant impacts due to the minor nature of the works. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

Traffic & Parking

In response to concerns over traffic and parking, a traffic and parking assessment has been carried out by GTA Consultants Pty Ltd and is contained in appendix C of the SEE. This report determined that the proposal would generate a parking requirement of between 30 and 48 spaces and that the existing supply of on-street parking spaces directly adjoining the site on Holden Street and Wild Street is capable of accommodating the expected increase in parking demand.

 

The report also found that the site is expected to generate up to some 48 additional vehicle movements on Holden Street and Wild Street during the expected peak period of 7.00pm and that there is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

The report states that the traffic generated by the proposed development will not compromise the safety or functions of the surrounding road network, or result in any adverse impacts upon adjoining residents.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

 

Residential Amenity – Litter, Overlooking, Visual Impact

The residential amenity currently experienced by the residents of adjoining properties will experience minimal adverse impact from the proposed light installation. Levels of littering, overlooking and the potential for anti-social behaviours will be no greater than in summer months when the park is in peak use. In terms of visual impact, the lighting poles will be sited in close proximity to mature vegetation which is located along the entire perimeter of the park, hence their visual nature is reduced.

 

The height and spread of the poles will ensure an even distribution across the principal playing area and will avoid unacceptable light spill impacts upon adjoining residential properties.

 

Light Spill

The design of the chosen light poles was carefully considered by independent specialist lighting consultants. The chosen best option which is currently proposed comprises an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The lighting has been designed to comply with the applicable AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to the protect the amenity of private property from outdoor lighting.

 

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

Currently the park is used for passive and active recreation. A sports pitch is located in the centre of the park with ‘off-leash’ dog walking areas confined to the outer corners of the park. The installation of lighting will allow the sports pitch continued use after hours of darkness in the winter for four (4) evenings a week until 9.00pm.

 

It should be noted that the use of the park for dog exercise is prohibited from the sporting fields and limited to the informal eastern end of the park and hence, not reducing the area available for such activities.

 

The areas to be lit are existing fields which are currently used by organised sporting organisations on weekends. Hence, the proposal does not reduce recognised informal passive recreation areas nor does it represent and completely new use to the park.

 

Alternative Locations

Nagle Park is suitable for the proposed development. There are no significant natural or environmental constraints that would hinder the installation of the light poles or the continued use of the park in the evening.

 

Randwick Council has embarked on installing similar lighting on surrounding parks such as Heffron Park, Snape Park and Bardon Park.

 

Deterioration of Park from Football Use

The need for lighting has derived from the need to provide additional football training facilities due to the increase in the popularity of football sports within the eastern suburbs region. Due to the shortage of training facilities in the locality, this has resulted in additional wear and deterioration to the playing surfaces of existing parks, with the effect of poor quality recreational space for football competition matches and other park users. In an aim to lessen the impacts upon existing parks, and to improve the playing surface for park users, Nagle Park as well as other local parks, was identified as a suitable sporting ground to accommodate football training sessions.

 

Submissions in Support

One submission, simply stating its support for the proposal was received by Council.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers.  The following comments have been provided:

 

5.1 Environmental Health Comments

 

The ongoing use of this park, and the potential impact on residential amenity by the intensification of use proposed by this DA shall be addressed with appropriate conditions.

 

The issue of nuisance from light spill has been addressed in the Statement of Environmental Effects (SoEE) Appendix B Lighting Technical Report undertaken by Light Studio 21 Pty Ltd. There are two relevant Australian Standards, being:

 

·                     AS/NZS 2560.2: Sports lighting-lighting for football (all codes)

·                     AS/NZS 4282: Control of the Obtrusive Effects of Outdoor Lighting

 

This report concludes that the proposed competition level lighting system complies in all aspects required by the relevant Australian Standards. Conditions requiring compliance with these Australian Standards are to be included in any consent given.

 

RECOMMENDATION

 

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

 

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

- Local Government Act 1993

- Companion Animals Act 1998

 

7.    SECTION 79C ASSESSMENT:

 

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

 

8.1  Randwick Local Environmental Plan 1998

 

Zoning and Permissibility

 

The site is zoned 6A Open Space pursuant to the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of lighting will enable greater use and enjoyment of the 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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

The park does contain prominent trees along its perimeter, achieving varied height of 10-20 metres. The proposal does not necessitate any removal or significant alteration of such trees.

The excavation work associated with installation of the proposal poles is minor and will have negligible impact on existing natural features and systems of the site.

(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 ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) When determining an application for consent to carry out development on land within zone No 6A or 6B, the Council must consider

 

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

The applicant has referenced the community demand for organised football in the area along with the absence of alternative training facilities.

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

The proposed development, as well as enabling the use of the park for organised football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking, dog-walking and informal games. Such use of the park is currently impeded during the winter months.

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

The subject park is currently used for passive recreation as well as organised sporting events on weekends. The park contains recognised sporting fields whose use as proposed, represents an efficient use of public resources. Existing dog exercise areas will remain.

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

The existing use of Nagle Park for social recreation and as a sports field will continue.

(2A) 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.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

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 or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little impact on the landscaping surrounding the park.  The perimeter edge of the park is lined with substantial mature trees which provide a visual screen between nearby properties and the lighting.  These trees will remain unaffected by the proposal.

The proposal is adequate in terms of landscaping.

 

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 Effects from Outdoor Lighting and AS /NZS 2560.2.3 Lighting for Football (all codes).

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass – floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

 

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the surrounding environment.  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.

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. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The use of the park for football training sessions will result in an increase in noise impacts. However, such noise impacts are considered compatible with the noise impact associated with a public park and these events will cease by 9.00pm on the four (4) nights a week which they will occur. It is noteworthy that football training can occur freely any night of the week during summer months when daylight hours are not impeded. Therefore noise should not be a consideration in planning terms.

The proposed lighting has been designed in accordance AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property. Hence, impacts upon adjoining residential properties will be satisfactorily mitigated.

 

 

 

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

·                     The proposal would generate a peak parking requirement of between 30 to 48 spaces;

·                     The existing supply of on-street parking spaces directly adjoining the site on Holden Street and Wild Street equates to 65 spaces and that existing available vacancies during current peak usage equates to between 40 – 44 spaces. Such streets are therefore, capable of accommodating the expected parking demand;

·                     The site is expected to generate up to 48 additional vehicle movements on Holden and Wild Street during the expected peak period of 7.00pm; and

·                     There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

Although parking and traffic movement has been determined as acceptable, impacts can be further reduced by providing a pedestrian crossing over the stormwater canal at the southern end of the park, along Walsh Avenue. The provision of such a pedestrian crossing over the stormwater canal, in conjunction with the change rooms at the southern end of the park, would encourage park users to park along Walsh Avenue. Such an outcome would concentrate parking and traffic movement along Walsh Street which is fronted by a school, and hence lessen the impact upon other surrounding streets which have a greater residential amenity.

 

8.2  Local Government Act 1993

 

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below: -

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, dog-walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, including photomontages and invitation to make submissions to Council.

 

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

 

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

8.3  Companion Animals Act 1998

 

Nagle Park is identified as a public place within which dogs are allowed ‘off-leash’. However, they are limited to the outer edges of the park around the sports field and to the eastern end of the park. Given that dogs are not allowed in the nominated area, the area allocated for dog exercising is not reduced as a result of the proposed lighting installation and the subsequent use of the park for football training sessions, can operate simultaneously.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    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 will increase access by members of the public to public facilities with potential social and physical improvements to members of the public. It is recommended the development application be approved subject to compliance with conditions of consent.

 

It is also recommended Council investigate the financial feasibility to provide a crossing over the existing stormwater canal along Walsh Avenue to decrease the impact of parking and traffic movement in the locality.

 

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 370/2007 for development comprising minor excavation to create a suitable base for eight (8) light poles, installation of eight (8) 18 metre high light poles; minor trench digging as required to supply electrical infrastructure to the light towers; to facilitate the use of the sports field for organised sports training sessions until 9.00pm, on four (4) evenings per week during the winter football season at Nagle Park, Randwick.

 

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 5379 A-003, revision D and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

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 football activities.

 

3.     The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

4.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

5.     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.

 

6.     The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.     The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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

 

8.     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.

 

9.     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.

 

10.   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.

 

11.   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.

 

12.   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.

 

13.   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”.

 

14.   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.

 

15.   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.

 

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

 

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

 

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

 

17.   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.

 

18.   All excavations and backfilling associated with the erection of the light towers 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.

 

19.   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.

 

20.   Noise and vibration emissions during the construction of the light towers 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.

 

21.   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.

 

22.   Building materials, sand, soil, waste materials or construction equipment must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

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

 

23.   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.

 

24.   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 have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

25.   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:

 

26.   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.

 

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

28.   The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

29.   Subject to firstly receiving in principle approval by Sydney Water, the applicant must meet the full cost for the design and construction of suitable pedestrian bridges over the Sydney Water controlled stormwater culvert/channel that is located in Walsh Avenue, adjacent to the common boundary of Walsh Avenue and Nagle Park. The pedestrian bridges must be suitably designed such that it is above the calculated 1 in 100 year ARI flood level for the stormwater culvert/channel and structurally capable of withstand hydrostatic pressure from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). The location of the pedestrian bridges shall be to Council’s and Sydney Water’s satisfaction. The pedestrian bridges must meet all current accessibility standards.

 

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

 

30.   Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

31.   In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposal light poles, the following measures are to be undertaken:

 

a.     All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

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 HARDING 

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 


 

Director, City Planning Report 55/2007

 

 

SUBJECT:

SNAPE PARK, 15R SNAPE STREET, KINGSFORD

 

 

DATE:

14 August, 2007

FILE NO:

DA/367/2007 & PROP028573

 

 

REPORT BY:            DIRECTOR, CITY PLANNING     

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report relating to Development Application 367/2007. Development Application No. 367/2007 proposes the installation of four (4) 18m high light poles at Snape Park, each with two (2) floodlights attached. The proposal also necessitates minor excavation for a base for the poles and minor trench digging for the supply of electricity to the poles.

 

As the application involves work on Council property, the assessment of the development application was referred to external planning consultants for assessment.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 14 August 2007.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 August, 2007

FILE NO:

DA/367/2007 & PROP028573

 

PROPOSAL:

 Installation of four (4) 18m high light poles at Snape Park with two (2) floodlights each.  The proposal also necessitates minor excavation work for a base for the poles and minor trench digging for the supply of electricity to the poles.

PROPERTY:

 Snape Park, 15R Snape Street, Kingsford

WARD:

 Central Ward

APPLICANT:

Randwick City Council

OWNER:

Randwick City Council

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a Council park. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts.  The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light structures as “recreation” uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Snape Park is reasonably large in terms of area and represents an important local facility for formal and informal recreational facilities. The proposal is consistent with the capacity of the Snape Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required. The traffic and lighting issues, as presented in this application, have been assessed and are considered satisfactory.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of local population general physical and social well being. The proposed lighting would allow the park to achieve improved utilisation.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. It is considered that the proposal, on balance, is satisfactory from an environmental planning perspective. It is recommended the application be approved, subject to conditions.

 

2.    THE PROPOSAL

 

The development application proposes the installation of light poles at Snape Park, Kingsford, which will enable increased utility of open space.

 

The installation of lighting poles is primarily necessitated to provide additional football facilities due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of facilities suitable for football in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

·                     Installation of four (4) 18m high light poles at Snape Park each with two (2) floodlights.

·                     Minor excavation to create a suitable base for the light poles

·                     Minor trench digging for the supply of electricity to the poles.

 

The area to be lit by the proposed lighting is an existing football field with a permanent cricket pitch located centrally as is demonstrated within the lighting report prepared by Light Studio 21 Pty Ltd and contained in Appendix B the Statement of Environmental Effects (SEE). 

 

The proposed lighting will make the field available for football activities as well as other recreational activities up to four (4) evenings per week until 9.00pm principally during winter.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Snape Park is located in the Randwick Council Local Government Area (LGA) and is approximately 62, 200m2 in area. Snape Park is bounded by Snape Street to the north, Hannan Street to the east, Storey Street to the south and Percival Street to the west.

 

Snape Park consists of two (2) sporting fields. The main park is centrally located, fenced and can be lit in the evenings with existing floodlights. The second park is located in the south eastern corner, is unfenced and is generally referred to as Snape Park Outer. This field also acts as a stormwater detention basin and includes a permanent cricket pitch. The development the subject of this report relates to Snape Park Outer only.

 

Snape Park also consists of a tennis centre with six (6) courts, a club house in the north east corner of the site as well as an extensive informal and passive recreation area generally to the west of the central field which is regularly used for walking, jogging and dog exercise. Only this informal area is identified for use for dog exercise.

 

The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses. The park contains prominent trees along its perimeter, achieving varied heights of between 4 – 14 metres.

 

Snape Street functions as a two (2) lane collector street and is bounded predominantly by detached and attached dwellings up to two (2) storeys in height. Hannan Street to the east is a local street and contains predominantly attached and detached residential dwellings up to two (2) storeys in height, with the exception of the car park entry to

Mount Sinai College School. Maroubra Public School is located behind the dwellings aligned along the eastern side of Hannan Street. Unrestricted kerbside parking is also available along Hannan Street.

 

Storey Street to the south and Percival Street to the west also function as local streets. These streets consist primarily of attached and detached residential dwellings up to two (2) storeys in height and provide unrestricted kerbside parking.

 

Snape Park is also in close proximity to the Randwick Barracks and the Eastlakes Gold Course.

 

 

 

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application.  In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 1st June 2007.

 

4.1      Submissions in Objection

 

In response to the notification period, three (3) individual submissions were received by Council. The submissions were received from:-

 

1.    Cathy Starrett, via email

2.    Tracey Teitler, via email

3.    Barbara Leovois, 25 Storey Street, Maroubra.

4     Michelle Riordan- 64 Snape Street

5-    Vicki Park – 33 Hannan Street

 

The issues raised are summarised below:

1.    Noise & Disruption;

2.    Traffic Impact;

3.    Parking Impact

4.    Residents living close by will experience light spill;

5.    Nightlight will disturb residents;

6.    Deterioration of the park from football use – park’s grass is not strong enough to withstand further intensification;

 

Noise & Disruption

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The level of noise impact from the likely activities is considered compatible with the noise impact associated with a public park and will cease by approximately 9.00pm. Additionally, a singular additional field is proposed to be lit. A single field has limited capacity and is considered to be in keeping with the expectations of Snape Park considering its size.

During the brighter summer months, the sports fields are free to be used without time limitation. Any noise and disruption experienced will be no greater than what can be experienced without regulation over the summer months.

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. Adjoining properties will not experience any significant impacts due to the minor nature of the works. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

Traffic & Parking

In response to concerns over traffic and parking, a traffic and parking assessment has been carried out by GTA Consultants Pty Ltd and is contained within appendix C of the SEE. This report determined that the proposal would generate a parking requirement of between 14 and 33 spaces and that the existing supply of on-street parking spaces directly adjoining the site on Storey Street (between Nevorie Crescent and Hannan Street) and Hannan Street (between Storey Street and Runic Lane) is capable of accommodating the expected increase in parking demand.

 

The report also found that the site is expected to generate up to 33 additional vehicle movements on Storey Street and Hannan Street during the expected peak period of 7.00pm and that there is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

 

The report states that the traffic generated by the proposed development will not compromise the safety or functions of the surrounding road network, or result in significant adverse impacts upon adjoining residents.

 

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

 

        Light Spill

The design of the chosen light poles was carefully considered by independent specialist lighting consultants. The option which is currently proposed comprises an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The lighting design has been prepared to comply with the applicable AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property from lighting.

 

Deterioration of Park from Football Use

The need for lighting has derived from the need to provide additional football activities due to the increase in the popularity of football sports within the eastern suburbs region. Due to the shortage of training facilities in the locality, this has resulted in additional wear and deterioration to the playing surfaces of existing parks, with the effect of poor quality recreational space for football competition matches and other park users. In an aim to lessen the impacts upon existing parks, and to improve the playing surface for all park users, Snape Park was identified as a suitable sporting ground to accommodate football activities and other active sports.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers.  The following comments have been provided:

 

 

5.1 Environmental Health Comments

 

The ongoing use of this park and the potential impact on residential amenity by the intensification of use proposed by this DA shall be addressed with appropriate conditions.

 

The issue of nuisance from light spill has been addressed in the Statement of Environmental Effects (SoEE) Appendix B Lighting Technical Report undertaken by Light Studio 21 Pty Ltd. There are two relevant Australian Standards, being:

 

·                     AS/NZS 2560.2: Sports lighting-lighting for football (all codes)

·                     AS/NZS 4282: Control of the Obtrusive Effects of Outdoor Lighting

 

This report concludes that the proposed competition level lighting system complies in all aspects required by the relevant Australian Standards. Conditions requiring compliance with these Australian Standards are to be included in any consent given.

 

RECOMMENDATION

Should the approval be granted to the application, relevant conditions should be included in the development consent.

 

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

- Local Government Act 1993

- Companion Animals Act 1998

 

7.    SECTION 79C ASSESSMENT:

 

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

 

8.1  Randwick Local Environmental Plan 1998

 

Zoning and Permissibility

 

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.


 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of lighting will enable greater utilisation and enjoyment of the 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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

 

The park does contain prominent trees along its perimeter, achieving varied height of 4-14 metres. The proposal does not necessitate removal or significant alteration of such trees.

The excavation work associated with installation of the proposal poles is minor and will have negligible impact on existing natural features and systems of the site.

(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 ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) When determining an application for consent to carry out development on land within zone No 6A or 6B, the Council must consider

 

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

The applicant has referenced the community demand for organised football in the area along with the absence of suitable alternative training facilities.

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

The proposed development, as well as enabling the use of the park for organised football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking, dog-walking and informal games. Such use of the park is currently impeded during the winter months.

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

The subject park is currently used for passive recreation and is also used as a sports field. These uses operate simultaneously during the summer months. The current proposal will merely extend the ability for these uses to operate for four (4) winter evenings a week.

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

The existing use of Snape Park for social recreation and as a sports field will continue.

(2A) 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.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

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 or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little impact on the landscaping surrounding the park.  The perimeter edge of the park is lined with substantial mature trees which provide a visual screen between nearby properties and the lighting.  These trees will remain unaffected by the proposal.

The proposal is adequate in terms of landscaping.

 

Height, Form & Materials

The proposed lighting has been designed in accordance with the two (2) relevant Australian Standards governing outdoor lighting systems being AS/NZS 4282-1997 “Control of the Obtrusive Effects of Outdoor Lighting” and AS /NZS 2560.2.3 “Lighting for Football (all codes)”.

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field lighting efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass – floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

The proposed light poles are consistent in terms of heights and materials with the existing floodlights used for the main field in Snape Park.

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the surrounding environment. Accordingly, 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.

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. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The use of the park for football training sessions will result in an increase in noise impacts. However, such noise impacts are considered compatible with the noise impact associated with a public park and these events will cease by 9.00pm on the four (4) nights a week which they will occur. It is noteworthy that other sporting activities can occur freely any night of the week during summer months when daylight hours are not impeded. Therefore noise should not be a consideration in planning terms.

 

The lighting design has been prepared to comply with the relevant AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property from outdoor lighting.

 

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

·            The proposal would generate a peak parking requirement of between 14 and 33 spaces;

·            The existing supply of on-street parking spaces directly adjoining the site on Storey Street and Hannan Street and the available off street parking on Storey Street is capable of accommodating the expected parking demand;

·            The site is expected to generate up to 33 additional vehicle movements on Storey Street and Hannan Street during the expected peak period of 7.00pm; and

·            There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park; through the use of its booking system for public park usage should problems arise.

8.2  Local Government Act 1993

 

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below:

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing passive recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, dog-walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, including photomontages and invitation to make submissions to Council.

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

8.3  Companion Animals Act 1998

 

Snape Park is identified as a public place within which dogs are allowed ‘off-leash’. However, they are limited to the outer edges of the main sports fields. Given that dogs are currently not allowed in the nominated area, the proposed lighting installation and the subsequent use of the park for football training sessions can operate simultaneously.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    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 will increase access by members of the public to public facilities with potential social and physical improvements for the local population. It is recommended the development application be approved 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 367/2007 for development comprising minor excavation to create a suitable base for four (4) light poles, installation of four (4) 18 metre high light poles; minor excavation and trench digging as required to supply electrical infrastructure to the light towers; to facilitate the use of the sports field primarily for football activities as well as other recreational activities until 9.00pm, on four (4) evenings per week during winter.

 

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 5376 A-004, revision C and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

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 football activities.

 

3.     The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

4.     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 satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

5.     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.

 

6.     The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.     The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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:

 

8.     The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

12.   Prior to the commencement of any 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.

 

13.   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.

 

14.   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”.

 

15.   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.

 

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 must also be provided to Council with the occupation certificate.

 

17.   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:

 

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

 

19.   All excavations and backfilling associated with the erection of the light towers 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.

 

20.   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.

 

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

 

22.   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.

 

23.   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.

 

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

 

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

 

25.   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 have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

26.   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:

 

27.   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.

 

28.   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 provisions for landscaping and to maintain reasonable levels of environmental amenity:

 

29.   Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

30.   In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposal light poles, the following measures are to be undertaken:

 

a.     All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.     There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

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 HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES


 

Director, City Planning Report 56/2007

 

 

SUBJECT:

343 - 345 CLOVELLY ROAD, CLOVELLY

 

 

DATE:

10 August, 2007

FILE NO:

DA/406/2005/A & PROP006037

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is Section 96 – Application Report for Development Application No. DA/406/2005/A for deletion of deferred commencement conditions No. 1 to reinstate the roof terrace and No. 2 to reinstate terrace and planter box to unit 5 and additional information to comply with deferred commencement conditions 3 & 6.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 8 August 2007.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

8 August 2007

FILE NO:

DA/406/2005/A & PROP006037

 

PROPOSAL:

 Section 96 - Deletion of deferred commencement Conditions - No 1 to reinstate the roof terrace and No. 2 to reinstate terrace and planter box to Unit 5; and additional information to comply with deferred commencement Conditions No. 3 and 6.

PROPERTY:

343-345 Clovelly road, Clovelly

WARD:

North Ward

APPLICANT:

Demetriou Group Pty Ltd

OWNER:

A Papas Enterprises Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

This is an application to modify an approved development. The application proposes a roof terrace that was previously deleted by a deferred commencement condition. The proposed roof terrace is smaller than the deleted terrace and accessible only by the residents of unit 5 by a partially enclosed stair instead of by all building occupants from the lift. The proposed roof terrace retains the approved parapet height of RL 54.10.

 

The approved development involves demolition of the existing building and construction of a 3-storey mixed retail and residential development comprising 4 commercial units at ground level, 5 residential units above and 12 parking spaces accessed from Beach Street.

 

The site is a regular shape and is located on the north-western corner of Clovelly Road and Beach Street in Clovelly. The Clovelly Road frontage measures 32.435m and the Beach Street frontage measures 15.24m. Presently on the site there is a 2-storey building that was constructed in the early 1930s. There are 3 shops on the ground floor and 4, 2 bedroom units on the first floor. There is no on-site parking.

 

Submissions were received from 4 neighbouring landowners. The objectors raised issues with privacy and view loss, noise, disturbance, and the impact of building mass on air circulation and reflected light. The modification proposal was amended several times in response to these issues and finally on 27 July 2007.

 

The (private) roof terrace is at least 11 metres from the building and terraces at No 16 Beach Street. This is an adequate buffer distance for visual and acoustic privacy. The terrace would not increase the height or mass of the approved building or further affect view loss from adjoining properties.

 

The proposal satisfies the design requirements of the DCP and does not cause any material breaches of the preferred solutions.

 

Approval of the proposed modification is recommended.

 

2.    THE PROPOSAL

 

This is an application under Section 96(2) of the Environmental Planning and Assessment Act to modify an approved development. The modification application proposes a roof terrace that was previously deleted by a deferred commencement condition. The proposed roof terrace is smaller than the deleted terrace and accessible only by the residents of unit 5 by a partially enclosed stair instead of by all occupants of the building from the lift.

 

The approved development involves demolition of the existing building and construction of a 3-storey mixed retail and residential development. The development would have a total of floor area of about 860m2 and would comprise 4 commercial units at ground level with 5 residential units above (1 x 1 bed, 3 x 2 bed and 1 x 3 bed units). A single level basement carpark provides 12 spaces with access from Beach Street. Landscaping would be provided to the rear (north) of the site and includes both deep soil and over-slab planting.

 

The southern (Clovelly Road) elevation of the building is shown in Figure1.

 

Figure 1 - Southern (Clovelly Road) elevation of the modified proposal (proposed terraces shown edged heavy black)

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The site is a regular shape and is located on the north-western corner of Clovelly Road and Beach Street in Clovelly. The Clovelly Road frontage measures 32.435m and the Beach Street frontage measures 15.24m. The northern boundary of the site adjoins 16 Beach Street (a terraced residential flat building containing four dwellings above semi-basement parking) and measures 32.49m. The western boundary of the site measures 15.24 metres and adjoins 337-339 Clovelly Road (a two storey commercial building with 2 dwellings above). The total site area is 494.28m2. The site is comprised of a single allotment known as Lot B DP306859.

 

Presently on the site there is a 2-storey building with pitched roof that was constructed in the early 1930s. The ground floor comprises 3 shops (originally constructed as 6 separate tenancies but subsequently amalgamated into 3). The first floor level comprises 4 x 2 bedroom units. There is currently no car-parking on the site.

 

There is a variety of residential and commercial uses in the area. There are 1-2 storey residential flat buildings and semi-detached dwelling houses across Beach Street to the east. There are 1-2 storey residential flat buildings and dwelling houses across Clovelly road to the east. Small scale commercial uses are further to the south west on Clovelly Road. Older style 2 storey commercial and mixed use developments are to the west. Figure 2 shows an aerial photograph of the subject site. Figure 3 shows a photograph of the existing building.

Figure 2 An aerial photograph of the subject site

 

Figure 3 - The existing building (in blue)

 

4.    APPLICATION HISTORY

 

The modification application was lodged 21 November 2007 and firstly proposed; deletion of deferred commencement condition No 1 to reinstate the roof terrace; delete deferred commencement condition No 2 to reinstate terrace and planter box to unit 5 and additional information to comply with deferred commencement conditions 3 and 6.

 

The modification proposal was amended several times and finally 27 July 2007 because of objections and the assessing officer’s concern about impacts on privacy, mass and views. Table 1 describes a brief account of each aspect of the modification proposal.

 

Table 1 - An account of each aspect of the modification proposal

Condition

Comment

Deletion of deferred commencement condition No 1 to reinstate the roof terrace

The roof terrace proposed in 27 July amendment is about half the size of the roof terrace that was deleted in the original approval and accessible only by the residents of unit 5 rather than by the residents of all 5 units. The lift tower and enclosed stair was also removed because of view loss.

 

Delete deferred commencement condition No 2 to reinstate terrace and planter box to unit 5

The aspect of the proposed modification was dropped by the applicant as the design did not resolve privacy and building mass issues. The modification plans now show compliance with the deferred commencement condition.

 

Additional information to comply with deferred commencement conditions 3 and 6.

These aspects of the proposal do not require further assessment as they are operational matters associated with the original approval (relating to owners consent for tree removal and the further deletion of terraces). The modification plans address these deferred commencement items.

 

 

5.    COMMUNITY CONSULTATION:

 

The modification proposal was notified in accordance with Council Policy between 29 November 2006 and 13 December 2006. Submissions were received from 4 neighbouring landowners shown below. The objectors raised issues with privacy, view-loss, noise, disturbance, and the impact of building mass on air circulation and reflected light. The issues are considered below separately for the roof terrace and the north facing balcony for unit 5.

 

Chad Reed and Catherine van Kemenade, 2/16 Beach Street, Clovelly.

Manuel & Joanne Makas, 4/16 Beach Street, Clovelly

M.J.G Benge, Executive Committee, 16 Beach Street, Clovelly

Simon and Terri Ray, 3/16 Beach Street, Clovelly

 

Impacts of re-instating the roof terrace

 

·            The roof-terrace would increase bulk and scale adding more than 2 metres to the overall perceived height of the building; also create significant overlooking and noise for our home. Kemenade, 2/16 Beach Street

 

·                   The proposal to reduce the floor area of the terrace does not appear to satisfactorily resolve concerns in the earlier council report about non-compliance. Ray, 3/16 Beach Street

 

·                   The lift access, stair access, shade structure and planter boxes proposed for the roof terrace would significantly impact our views to Gordons Bay and Coogee Headland. Makas, 4/16 Beach Street

 

·                   The roof terrace will result in uninterrupted views into our unit living areas and our outdoor balcony. We are concerned about the loss of privacy, noise and disturbance from residents and their guests using the roof terrace. Makas, 4/16 Beach Street

 

·                   Despite the smaller size of the roof terrace, impacts remain significant for; non-compliance; outlook; view loss; bulk and scale; privacy and noise. Benge, Executive Committee, 16 Beach Street

 

Comment: The proposed roof terrace is about half the size as the deleted roof terrace. The advertised proposal showed that access would be available for all occupants of the building via the communal lift and a fully enclosed stair. Access is now via a partially enclosed stair and is private for the occupants of unit 5 only.

 

The (private) roof terrace is at least 11 metres from the building and terraces at No 16 Beach Street. This is an adequate buffer distance for visual and acoustic privacy (as described by the Multi-unit housing DCP). Providing additional protection is a planter-box that would interrupt the downward glancing angle to lower dwellings at No 16 Beach Street.

 

The roof terrace is contained within the approved parapet height of RL 51.40. Therefore, the terrace would not increase the height or mass of the approved building or further affect view loss from the terraces at No 16.

 

Council’s assessing officer discussed the application and its amendments at length with the owner at 4/16 Beach Street as this was the most vulnerable to the impacts of the roof terrace. The landowners were shown the 27 July 2007 plans 10 August 2007 and appeared to the assessing officer to be satisfied with the finally revised proposal.

 

Impacts of re-instating the north facing balcony for unit 5

 

·                Reinstating the north facing balcony at unit 5 would allow uninterrupted views into our second storey bedroom windows; also creating a setback encroachment, increasing bulk and scale and impinging on reflected skylight and airflow to our outdoor living space. Kemenade, 2/16 Beach Street

 

·        The reasons for excluding the north facing balcony for unit 5 have not been addressed and it would still result in a significant privacy loss. Ray, 3/16 Beach Street

 

·        We are concerned about the loss of privacy, noise and disturbance that would result from the use of the north facing terrace to unit 5. Makas, 4/16 Beach Street

 

·        Objections to the northern balconies are fully justified on the basis of negative impact to privacy and noise due to their close proximity to the private courtyards of No 16 Beach Street.

 

Comment: The north facing balcony as been deleted from the modification proposal.

 

6.    SECTION 96(2) ASSESSMENT

 

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

 

Table 2 - Section 96 Assessment

Criteria

Comment

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

The proposed development is materially the same. The proposed terrace is smaller and more private than the deleted item, has minimal impact on the neighbouring landowners, and does not materially affect the form and character of the development.

 

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

There are no such conditions affected by the proposed modification.

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

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

Council must consider any submissions made concerning the proposed modification.

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

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

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

 

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

a.    Incorporated Provisions – Existing Use Rights

 

The site is zoned 2(b) under Randwick Local Environmental Plan 1998 (RLEP) and the proposed activity (mixed-use development) is generally prohibited within the zone. Despite this prohibition, the site has been used continuously as a residential flat building with shops attached by virtue of lawful consents, which predate the current planning controls (that now prohibit such uses within the 2(b) zone). The property therefore enjoys existing-use rights.

 

It is acceptable to consider the relevant planning instruments as they apply to the area surrounding the proposed development because they determine the nature of development in the area. Care must be exercised, however, to avoid a de facto application of the standards to the existing use rights site. Failure to comply with standards in an environmental planning instrument cannot be a consideration in the assessment of the application based on existing use rights.[1]

 

b.    Randwick Local Environmental Plan 1998

 

The zone objectives generally seek to encourage a variety of medium density residential developments that do not compromise residential amenity or built character. The site is zoned 2B Residential under Randwick Local Environmental Plan 1998 and the proposed development would ordinarily be prohibited in the zone except for the incorporated provisions outlined above.

 

c.    State Environmental Planing Policy 65 – Design Quality of Residential Flat Development.

 

The original development application was referred to the SEPP 65 Design Review Panel. The panel previously considered of the proposal that:

 

“Elements of the roof terrace are all supported, as they will provide amenity for future residents. This is a very good arrangement that should be the model for other rooftops in mixed –use developments”

 

Subsequent to these comments, the applicant enlarged the terrace and provided more cover to the roof top. It was this amended proposal that became the subject of the deferred commencement condition. The roof terrace proposed in this application is more in keeping with the Design Review Panel’s favourable comments. On this basis the proposal need not be referred back to the Panel.

 

7.1 Policy Controls

8.    Development Control Plan - Multi Unit Housing.

 

This DCP provides design element objectives relevant to the assessment of the modification proposal for building height, privacy and view sharing.

 

The proposed roof terrace is about half the size as the deleted roof terrace. The advertised plans showed that access would be available for all occupants of the building via the communal lift and a fully enclosed stair. Access is now via a partially enclosed stair and is private for the occupants of unit 5 only.

 

The (private) roof terrace is at least 11 metres from the building and terraces at No 16 Beach Street. This is an adequate buffer distance for visual and acoustic privacy (as described by the Multi-unit housing DCP). Providing additional protection is a planter-box that would interrupt the downward glancing angle to lower dwellings at No 16 Beach Street.

 

The roof terrace is contained within the approved parapet height of RL 51.40. Therefore, the terrace would not increase the height or mass of the approved building or further affect view loss from the terraces at No 16.

 

The proposal satisfies the design requirements of the DCP and does not cause any material breaches of the preferred solutions.

 

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.

 

Council’s assessing officer discussed the application and its amendments at length with the owner at 4/16 Beach Street as this was the most vulnerable to the impacts of the roof terrace. The landowners were shown the 27 July 2007 plans on 10 August 2007 and appeared to the assessing officer to be satisfied with the finally revised proposal.

 

The proposed modification is considered to satisfy the requirements of Section 79C of the Act.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:      Excellence in urban design and development.

Direction 4a:     Improved design and sustainability across all development.

Key Action:       Encourage and reward design excellence and sustainability.

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

 

12. CONCLUSION

 

This is an application to modify an approved development. The application proposes a roof terrace that was previously deleted by a deferred commencement condition. The proposed roof terrace is smaller than the deleted terrace and accessible only by the residents of unit 5 by a partially enclosed stair instead of by all building occupants from the lift. The proposed roof terrace retains the approved parapet height of RL 54.10.

 

The approved development involves demolition of the existing building and construction of a 3-storey mixed retail and residential development comprising 4 commercial units at ground level, 5 residential units above and 12 parking spaces accessed from Beach Street.

 

The site is a regular shape and is located on the north-western corner of Clovelly Road and Beach Street in Clovelly. The Clovelly Road frontage measures 32.435m and the Beach Street frontage measures 15.24m. Presently on the site there is a 2-storey building that was constructed in the early 1930s. There are 3 shops on the ground floor and 4, 2 bedroom units on the first floor. There is no on-site parking.

 

Submissions were received from 4 neighbouring landowners. The objectors raised issues with privacy and view loss, noise, disturbance, and the impact of building mass on air circulation and reflected light. The modification proposal was amended several times in response to these issues and finally on 27 July 2007.

 

The (private) roof terrace is at least 11 metres from the building and terraces at No 16 Beach Street. This is an adequate buffer distance for visual and acoustic privacy. The terrace would not increase the height or mass of the approved building or further affect view loss from adjoining properties.

 

The proposal satisfies the design requirements of the DCP and does not cause any material breaches of the preferred solutions.

 

Approval of the proposed modification is recommended.

 

RECOMMENDATION:

 

THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. 406/2005/A on the property at 343 – 345 Clovelly Road, Clovelly in the following manner:

 

Delete deferred commencement conditions 1, 2, 3 and 6.

 

Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans drawn by Jim Demetriou Group numbered Job No. 2362-C and drawing numbers DA-03, DA-04 dated January 2006 and stamped received by Council on 24 February 2006 and plans numbered Job No. 2362-B and drawing numbers DA-05 to DA-11 dated January 2006 and stamped received by Council on 6 February 2006 the materials and sample board prepared by Jim Demetriou Group numbered Job No. 2632-C and sheet no. DA-14 dated January 2006 and stamped received by Council on 24 February 2006 as amended by the section 96 plans received 27 July 2007 and the application form and on any supporting information received with the application, except as may be amended by the details submitted to satisfy the deferred commencement conditions and the following conditions and as may be shown in red on the attached plans.

 

Insert the following condition after condition 1

 

1A                    To preserve views over the site, the roof terrace planter box must be planted with low ground-cover type plants only.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID MOONEY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER

 

 

 


 

Director, City Planning Report 57/2007

 

 

SUBJECT:

93 Little Bay Road, Little Bay

 

 

DATE:

16 August, 2007

FILE NO:

DA/245/2007 & PROP026011

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is the Development Assessment Report for Development Application No. DA/245/2007 for alterations and additions to the existing dwelling.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 7 August 2007.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ROGER QUINTON

DIRECTOR, CITY PLANNING

COORDINATOR DEVELOPMENT ASSESSMENT


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

7 August 2007

FILE NO:

DA/245/2007 & PROP026011

 

PROPOSAL:

 Alterations and additions to the existing dwelling.

PROPERTY:

 93 Little Bay Road, Little Bay

WARD:

 South Ward

APPLICANT:

 Mr Gary Pselletes

OWNER:

 Mr Gary Pselletes

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council at the request of Councillors Tracey, Procopiadis and White.

 

The proposal involves alterations and additions to the existing dwelling, including extension of the garage at the front of the dwelling, and construction of a deck above the garage.

 

Two previous development applications were granted consent in 2006 for alterations and additions to the dwelling and the garage. There is a history of work being undertaken without consent.

 

The current development application was the subject of formal mediation between the applicant and the two objectors from Nos 95 little Bay Road and 1 Woomera Road, Little Bay. Agreement was reached on several issues; however agreement could not be reached on the first floor deck over the garage.

 

The application is recommended for deferred commencement approval subject to the deletion of the first deck over the garage and reinstatement of the gable roof over the garage. Conditions of consent also require deletion of the laundry extension and screening at the rear, as agreed in mediation. It is also recommended that the proposed first floor attic windows in the rear of the dwelling are deleted.   

 

2.    THE PROPOSAL

 

The application proposes the following:

 

·             Demolition of  rear south-western portion of the dwelling to create additional private open space;

·             Ground level extension of the laundry at the south-eastern corner of dwelling;

·             Addition of a chimney on the side of the dwelling facing Woomera Road;

·             Use of the roof area over the garage as a trafficable balcony, construction of screening and addition of glass sliding doors to give access to the deck;

·             Construction of a first floor balcony with access from bedroom one;

·             Internal alterations;

·             Changes to windows including new windows at first floor in the rear elevation, new windows in bedroom 3 at the front of the dwelling, new windows to the attic space in the rear elevation, new window to the living room at ground level facing Woomera Road;

·             New entry area at the front of the dwelling.

 

The following work has been undertaken without consent:

 

·             Construction of the balcony and balustrade over the garage at the front of the dwelling;

·             Extension of the front of garage beyond the approval in DA/810/2006;

·             Extension of the width of the garage as detailed in DA/964/2006 prior to the issuing of the consent for this DA;

·             Works to the front of the dwelling, including portico;

·             Removal of existing windows in elevation one to create doors onto the balcony over garage;

·             Increase in size in living room window;

·             Distance between columns and west facing wall has been increased;

·             Demolition of a portion of rear of dwelling not indicated in either DA/810/2006 or DA/964/2006

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located at corner of Little Bay and Woomera Roads in Little Bay and is occupied by a two storey dwelling. The site has a frontage width of 14.58 metres and a side boundary depth of 21.37 metres, with a site area of 365 m².  Neighbouring the property to the south-east is a two storey dwelling and to the rear is also a two storey dwelling.  The surrounding area is residential in character and consists predominantly of single and two storey dwellings.   

 

4.    SITE HISTORY

 

·             BA/108/1998 was approved for the construction of a two storey dwelling.

·             DA/810/2006 was approved on 2/11/06 for alterations to extend the garage at the front of the dwelling by approximately 2 metres, enlarge the living room and demolish part of the rear wall to create additional open space in the rear yard.

·             DA/964/2006 was approved on 14/12/06 alterations and additions to the existing dwelling, including construction of a new bedroom at first floor level and increasing the width of the garage at the front of the dwelling.

·             Various works have been undertaken without consent. These include:

 

1.  Construction of balcony over garage, which was deleted from DA/964/2006;

2.  Construction of openings at first at first floor level to provide for doors to replace windows giving access to deck over garage;

3.  Extension of garage forward from approval under DA/810/2006 

4.  Widening of garage as proposed in DA/964/2006 was undertaken prior to the issuing of consent for this DA;

5.  Demolition of portion of rear of dwelling in excess of previous of approvals.

 

·        After receiving a complaint from a concerned neighbour regarding alleged variations of development consent conditions, Mr Paul Aramini, Essential Certifiers, (PCA) attended to the subject premises. As a result of his inspection, the certifier was satisfied that certain works had commenced without the required inspection and the work was not being carried out in accordance with the approved plans. This prompted the issuing of a Notice of Intention to Give an Order to the owner-builder, Mr Gary Pselletes.

 

Several meetings have been conducted with Mr Gary Pselletes in conjunction with evidence gathered during the course of the investigation into the unauthorised building works; it is considered that several breaches of the Environmental Planning and Assessment Act 1979 have occurred.

 

As Council officers considered that the works were contrary to the development consent/s and construction certificate/s drawings Council subsequently issued 3 x $600 penalty infringement notice on Mr Gary Pselletes for the alleged offences.

 

·        The subject development application, DA/245/2007, was the subject of a formal mediation meeting on 26 July 2007. The applicant and the two objectors were present. The agreed outcome of the meeting was as follows:

 

1. That the proposed laundry at the rear of the building be deleted;

 

2. That the proposed window in the upper level hallway window in elevation three be enclosed with solid opaque glass bricks or similar obscure material;

 

3. The privacy screen at the eastern rear boundary be erected to the mutual agreement of both parties;

 

4. No agreement could be reached on the upper level front balcony.          

 

5.    COMMUNITY CONSULTATION:

 

The proposal was notified for a period of 14 days until 5 June 2007 in accordance with the Development Control Plan – Public Notification with 2 submissions in opposition being received from the following: 

 

·        V & S Scandurra, 95 Little Bay Road, Little Bay

·        P & S Fagan, 1 Woomera Road, Little Bay

 

5.1 Objections

 

5.1.1   V & S Scandurra

 

Plans and supporting information submitted with the application are unclear and ambiguous. This includes not indicating works undertaken without consent as new work for example, extension of the garage, and other work, for example, the addition of the window at first floor in bedroom two above the laundry. 

 

Comment

 

It is agreed the applicant has sought to gain defacto approval for some works undertaken without consent by not clearly indicating the extent of those works in the subject application. It is considered that this report adequately identifies works undertaken without consent and assesses the impacts of that work.

 

The window shown in bedroom two in elevation three has been deleted by a proposed condition of consent as the applicant has indicated he does not propose to install a window in this location.  

 

Various discrepancies and inconsistencies with the application in relation to: proposed screen on rear side boundary, depiction of proposed laundry, internal detail of fire place not shown. 

 

The laundry addition is to be deleted as agreed at the mediation between the applicant and objectors. The screening on the rear side boundary is to be undertaken at a later date as agreed between the applicant and the owner of 95 Little Bay Road. Proposed conditions of consent delete these two elements. For the purposes of this application internal detail of the proposed fire place are not required.      

 

Impacts from first floor balcony over garage on primary outdoor area at 95 Little Bay Road:

 

As detailed in this report, it is considered that the impact of the balcony over the garage is not acceptable and it has been deleted by way of proposed condition of consent.

 

Proposed lattice screen in south eastern corner of property

 

It was agreed at mediation that screening in this location is to be erected at the mutual agreement of both parties. A proposed condition of approval therefore deletes the screening from this application.

 

No BASIX Certificate provided

 

A BASIX Certificate is required for development applications for alterations and additions submitted prior to 1 July 2007 with a cost of works of $50,000 or more. This application did not fall within that category. 

 

5.1.2   P & S Fagan

 

Privacy impacts from first floor windows in rear elevation facing 1 Woomera Road

 

The hallway window at the first floor level in the rear south-eastern elevation is to be glazed obscure material as detailed in the mediation agreement. It is considered that the window to bedroom one at the first floor level is acceptable as it is set back further from the boundary with No.1 Woomera Avenue and is also off-set from windows located in 1 Woomera Avenue.       

 

Adverse impacts from laundry extension on rear, southern side of dwelling

The laundry is to be deleted as detailed in the mediation agreement.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the relevant technical officers, and conditions are included in the draft consent.

 

7.    MASTER PLANNING REQUIREMENTS

 

The site area at 365m² is les than required for submission of a master plan (4000m²).

 

8.    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

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

 

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 Local Environmental Plan 1998

 

The site is zoned residential 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.  

 

Development control Plan – Dwelling Houses and Attached Dual Occupancies

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

Landscaping

 

Preferred Solution

Assessment

S1

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

34% of the site is landscaped area.  Does not comply – see assessment below.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of 48m2. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above area has dimensions of 6 x 8 metres. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

Over 20% of the site is permeable. Complies.

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

The proposal involves the demolition of a portion of the rear of the dwelling (some work already undertaken) which increases the amount of useable landscaped area on the site. An additional 17.5m² of paved area is located within the dwelling adjacent to the principal outdoor area. It is considered that the development is acceptable in this regard, and meets the objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies in this regard.  

 

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. 

The proposed FSR is 0.68:1.  Does not comply – see assessment below.

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

The proposed FSR of 0.68:1 excludes the proposed laundry extension as this has been deleted from the proposal. While an FSR of 0.68:1 is significantly in excess of the 0.584:1 of the dwelling as originally approved it is similar to the FSR resulting from the works approved in 2006 where it was considered that development was not incompatible with the scale of development on adjacent sites. While it is agreed that the scale of the development is generally acceptable, it is considered that the increased bulk resulting from the development of the deck on the garage roof at the front of the dwelling is not acceptable (see comments below).      

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The dwelling has a maximum external wall height of 6 metres. Complies.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

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.

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

It is considered that bulk of the deck area and balustrade plus proposed screening over the garage at the front of the dwelling is unacceptable when viewed from the main out door living area at 95 Little Bay Road, which is located to the front of the dwelling. The height of the balustrade and the privacy screen would be 5.4m above ground level, which is 2m higher than the approved bulk of the building in this location (the garage eave was 3.4m above ground level).  The deck area and balustrade with screening would also add to the bulky appearance of the dwelling from Little Bay Road and is considered unacceptable in this regard. A proposed deferred commencement condition of consent requires deletion of the balcony over the garage and reinstatement of the pitched garage roof to reduce this perceived bulk.

It is also considered that there is adequate private open space at ground level to the rear of the dwelling without the deck above the garage.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed garage extension (already constructed) is set back 3.19m from the front boundary. The proposed portico over the front door is set back 2.84m from the front boundary. Does not comply, see below.

S2

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

The proposed laundry extension at the rear was to be 1m from the rear boundary. This did not comply but it was agreed at mediation to delete the laundry and this is also required by way of a proposed condition of consent.

S3

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

The garage extension is 1.35m from the boundary with 95 Little Bay Road. Complies.

S3

Side setbacks be 1.5m at second floor level.

The deck area and balustrade above the garage are set back 1.35m from the boundary with 95 Little Bay Road. Does not comply. See below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The infringement of the front setback is considered acceptable as it allows for reasonable dimensions within the garage and for a weather protection over the main entry to the dwelling. It is considered that as the subject property is a corner allotment and the immediately adjacent property is set back a significant distance on the site, that a reduction in the preferred solution is acceptable in this instance. However, as the extension to the garage has already been constructed consent may only be given to the use of the space not the construction itself. A proposed condition of consent requires that all works undertaken without consent are adequately certified.   

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

the mediation on 26 July that the first floor hall window at the rear is to be glazed with obscure material. This is required in a proposed condition of consent. The first floor bedroom window at the rear is offset from windows in No.

 

 

1 Woomera Road and is therefore considered acceptable. As previously detailed, it was agreed at The windows shown in the roof at the rear of the dwelling are to be deleted by proposed condition of consent as no indication has been given of the proposed use of the attic area. 

Complies. 

S1

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

The deck over the garage at the front of the dwelling provides the potential for overlooking of the private open space of No. 95 Little Bay Road. It would be possible to limit privacy impacts with screening; however the bulk of such screening is considered unacceptable as previously detailed. Able to comply. 

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.

Garages & Driveways

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

The width of the garage was increased by 0.9m in DA/964/2006 so that there is an internal width for the major part of the garage of 6.5m. However, this work was undertaken prior to the issuing of consent to DA/964/2006.  It is considered that the increased width of the garage is acceptable as it compatible with the appearance of the dwelling and the increased width is located away the common boundary with the adjacent property, No. 95 Little Bay Road.

It was proposed to increase the length of the garage by 1.98 m in DA/810/2006 with approval being granted for only a 1m extension to the length of the garage because of the reduction in the front setback. The front setback of the development is considered to be acceptable, as discussed previously.

 

10. RELATIONSHIP TO CITY PPLAN

 

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

 

As detailed, it is considered that the first floor deck above the garage unacceptably adds to the perceived bulk of the dwelling, particularly when viewed from No. 95 Little Bay Road and a proposed deferred commencement condition of consent requires deletion of the deck and reinstatement of the pitched roof over the garage. The proposed laundry extension and rear boundary screening are to be deleted as agreed in mediation. Obscure glazing is required in the first floor hall window, also as agreed in mediation.

 

Proposed windows at attic level are deleted by proposed condition of consent, as is the window shown in bedroom two in elevation three. Other works are considered to be acceptable and to adequately meet the performance requirements of the DCP for Dwellings Houses and Attached Dual Occupancies and not to result in significant impacts on the amenity of adjoining premises of the character of the locality.

 

Proposed conditions of consent require the surrender of development consents DA/810/2006 and DA/964/2006. A further proposed condition requires certification of all works undertaken without consent or completed prior to consent being issued as retrospective development consent for those works cannot be granted.     

 

RECOMMENDATION:

 

A          THAT Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/245/2007 for permission to undertake alterations and additions to the dwelling at 93 Little Bay Road, Little Bay subject to the following conditions:

 

DEFERRED COMMENCEMENT CONDITION

 

The consent shall not operate until the following amendments have been submitted to and approved by the Director of City Planning:

 

1.       The first floor deck and balustrade constructed over the garage at the front of the dwelling and the portion of gable over the front portion of the garage shall be deleted from the plans. The deck over the garage shall be replaced with a gable roof over the whole of the garage, pitching from the slab roof constructed over the garage to a maximum height of 4.4m above the garage floor level.

 

Evidence required to satisfy the above conditions must be submitted to Council within 6 months of the date of this consent.

 

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

 

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

 

1.       The development must be implemented substantially in accordance with the plan  dated 7 May 2007  and received by Council on 9 May 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.       Development Consent Nos. DA/810/2006 and DA/964/2006 must be surrendered prior to the issue of the construction certificate for DA/245/2007.

 

3.       Windows with a minimum sill height of 1m above floor level shall replace the proposed doors to the deck above the garage. Details are to be provided in the construction certificate plans.

 

4.       The proposed laundry extension must be deleted from the plans with details provided in the construction certificate plans.

 

5.       The attic level “roof lite” window detailed in elevation 3 is not approved and must be deleted from the plans. Details are to be provided in the construction certificate plans.

 

6.       Lattice screening on the rear south-eastern boundary with No. 95 Little Bay Road is not approved and must be deleted from the plans. Details are to be provided in the construction certificate plans.

 

7.       The window to bedroom two shown in elevation three is not approved and must be deleted from the plans. Details are to be provided in the construction certificate plans.

 

8.       The window to the hallway on elevation 3 at first floor level shall be of fixed and obscure glazing with details to be provided in the construction certificate plans.

 

9.       The external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

10.     This development consent (DA245/2007) does not encompass or approve the unauthorised building works that have been carried out to date.

 

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

 

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

 

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

 

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

 

13.     New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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

 

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

 

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

 

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

 

16.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council if the council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of all existing structures, including, but not limited to, the garage structure, which states that the, garage slab & reinforcement, have been inspected and are certified that the structural elements are structurally adequate and in accordance with the structural drawings.

 

17.     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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

19.     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.

 

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

 

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

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

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

 

21.     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.

 

22.     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.

 

23.     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.

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     Except with the writte