lAdministrative 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

 

 

18th September, 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, 25TH SEPTEMBER, 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, 28TH AUGUST, 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 70/2007 - 9 TOWER STREET, COOGEE.

2

8.2                      

DIRECTOR, CITY PLANNING REPORT 71/2007 - 29 BAY PARADE, MALABAR.

26

8.3                      

DIRECTOR, CITY PLANNING REPORT 72/2007 - 61 HIGH STREET, RANDWICK.

50

8.4                      

DIRECTOR, CITY PLANNING REPORT 73/2007 - 133 - 149 BEAUCHAMP ROAD, MATRAVILLE.

68


8.5

DIRECTOR, CITY PLANNING REPORT 74/2007 – 1408 ANZAC PARADE, LITTLE BAY. (To be separately circularised prior to the Meeting.)

 

8.6                      

DIRECTOR, CITY PLANNING REPORT 75/2007 - COUNCIL'S POLICY - FORMER INCINERATOR LAND, MATRAVILLE.

120

8.7                      

DIRECTOR, CITY PLANNING REPORT 76/2007 - LEP AMENDMENT NO. 40 - FORMER MATRAVILLE INCINERATOR LAND AND AMENDMENT TO DCP - EXEMPT AND COMPLYING DEVELOPMENT. (DEFFERRED)

134

8.8                      

DIRECTOR, CITY PLANNING REPORT 77/2007 - REAPPOINTMENT OF SEPP 65 DESIGN REVIEW PANEL.

181

8.9                      

DIRECTOR, CITY PLANNING REPORT 78/2007 - SYDNEY METROPOLITAN STRATEGY - DRAFT EAST SUBREGIONAL STRATEGY.

184

8.10                      

DIRECTOR, CITY PLANNING REPORT 79/2007 - COOGEE CAROLS 2007.

201

 

9           General Manager's Reports

 

9.1                      

GENERAL MANAGER'S REPORT 32/2007 - AFFIXING OF THE COUNCIL SEAL.

203

9.2                      

GENERAL MANAGER'S REPORT 33/2007 - CAFE IN ALISON PARK - 194R ALISON ROAD, RANDWICK

205

9.3

GENERAL MANAGER’S REPORT 34/2007 – MALABAR HEADLAND - PROPOSED RENEWAL OF LICENCE AGREEMENT BETWEEN THE COMMONWEALTH AND NSW RIFLE ASSOCIATION.

207

 

10         Director, City Services' Report

 

10.1                      

DIRECTOR, CITY SERVICES' REPORT 68/2007 - MAHON POOL FACILITIES.

218

 

11         Director Governance & Financial Services' Reports

 

11.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 56/2007 -PRESENTATION - FINANCIAL REPORTS - YEAR ENDED 30 JUNE 2007.

221

11.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 57/2007 - RESERVE TRUST MANAGEMENT OF CHIFLEY ATHLETIC SPORTS (WOMEN) (D500014) RESERVE

228

 

12         Petitions

 

13         Motions Pursuant to Notice

 

13.1                      

NOTICE OF RESCISSION MOTION BY COUNCILLORS SENG, HUGHES & WOODSMITH - ORDINARY COUNCIL MEETING, TUESDAY 28TH AUGUST, 2007 – ITEM 8.4 - DIRECTOR CITY PLANNING REPORT 54/2007 – 28 WALSH AVENUE, MAROUBRA (NAGLE PARK).

232

 

14         Confidential Items (Closed Session)

 

14.1                      

CONFIDENTIAL GENERAL MANAGER'S REPORT 35/2007 - LEGAL PROCEEDINGS - MAROUBRA GARDEN VILLAGE - 13 TYRWHITT STREET, MAROUBRA.

239

14.2                      

CONFIDENTIAL DIRECTOR, CITY SERVICES’ REPORT 69/2007 - TENDER REPORT T09/07 - RANDWICK BRANCH LIBRARY REFURBISHMENT.

241

14.3                      

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORT 58/2007 - SSROC TENDER FOR THE SUPPLY OF AGRICULTURAL PRODUCTS.

254

 

15         Notices of Rescission Motions

 

 

…………………………………..

GENERAL MANAGER


Director, City Planning Report 70/2007

 

 

SUBJECT:

9 Tower Street, Coogee

 

 

DATE:

13 September, 2007

FILE NO:

DA/837/2006 & PROP002649

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for alterations and new first floor addition to the existing single storey semi-detached dwelling house including new front balcony at first floor, new front fence and roller shutter door at No. 9 Tower Street, Coogee.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 12 September 2007.

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

12 September, 2007

FILE NO:

DA/837/2006 & PROP002649

 

PROPOSAL:

 Alterations and new first floor addition to the existing single storey semi-detached dwelling house including new front balcony at first floor, new front fence and roller shutter door.

PROPERTY:

 9 Tower Street, Coogee

WARD:

 North Ward

APPLICANT:

 Ms Lynn Hunt

OWNER:

 Ms Lynn Hunt

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Bradley Hughes, Murray Matson, Margaret Woodsmith.

 

The subject site is located on the western side of Tower Street slightly south of its intersection with Melrose Parade, Coogee. Adjacent to the north of the site is the other half of the semi-detached dwelling. Further to the north is a two story dwelling at 5 Tower Street. The adjacent dwelling to the south is a part two part three storey dwelling at 11 Tower Street.

 

The subject application was lodged concurrently with a Development Application (DA No. 838/2007) for the adjoining semi-detached dwelling at No. 7 Tower Street, which also proposed an identical new first floor addition to the existing dwelling and both dwelling will share the same roof form.

 

Both applications were objected to by the owners of No. 5 Tower Street regarding the potential view loss. A mediation meeting was held on 23 August 2007 with the owners of Nos. 5, 7 & 9 Tower Street and the following comments are provided by the mediator:

 

“During the course of the session a number of issues had been raised by the objector with the main concern being loss of views to No. 5 Tower Street, Coogee. It has been agreed by all parties present that the applicant will investigate the possibility of front wall set back including the splay by 400mm. It also has been suggested that number 9 Tower Street will also setback the front wall by 200mm.”

 

The owners of Nos. 7 and 9 Tower Street have advised Council in writing on 28 August 2007 that the above option is considered to be unsuitable and no further amendments will be made.

 

DA/838/2007 was considered at the Health, Building and Planning committee meeting on 11 September 2007 where Council resolved to approve the application subject to conditions including increasing the setback of the front of the proposed first floor living room by 400mm from the front boundary.

 

The proposal will result in view loss from the side living room window at the first floor of No. 5 Tower Street. It is considered that the extent of view loss is minor and is only related to the proposed pitched roof overhang over the first floor east-facing balcony. In this regard, it is considered appropriate that a condition should be included in the consent requiring the proposed pitched roof overhang over the first floor balcony to be deleted and the front setback increased by a further 200mm to allow the sharing of views between No. 7 and No. 9 Tower Street.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposal seeks consent for the following works:

 

·                Construction of a new first floor to the existing dwelling containing one bedroom, a bathroom, an office and a living room with direct access to a front balcony.

·                Demolition of the existing front verandah and construction of new supporting column for the new balcony above.

·                Construction of a section of common boundary wall having a maximum height of 1.5m between Nos. 7 and 9 Tower Street

·                Removal of the existing 1.8m high thatch fence and construct a new brick fence. 

·                New roller shutter door to the existing carport.

·                Removal of an existing skylight at the rear of the dwelling.

·                Installation of a new 2,240 litre rainwater tank to the southern side of the dwelling at ground level.

·                New planter boxes to the front and rear yard areas.

·                The external walls of the existing dwelling including the front boundary wall are to be cement rendered and painted.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Tower Street slightly south of its intersection with Melrose Parade, Coogee. The site contains a rectangular shaped allotment with dimensions 40.6m x 6.24m/6.165m and an area of 252.9 sq.m. The site contains a single storey semi-detached dwelling. Adjacent to the north of the site is the other half of the semi-detached dwelling. Further to the north is a two story dwelling at 5 Tower Street. The adjacent dwelling to the south is a part two part three storey dwelling at 11 Tower Street.

 

The area consists primarily of single and two storey residential dwellings exhibiting a variety of shapes and forms interspersed with three to four storey multi-unit housing developments. There is no consistent dwelling type, design or pattern in Tower Street.

 

Photo 1: View of the subject site from Tower Street

 

Photo 2: Adjoining semi-detached dwelling at 7 Tower Street, Coogee

 

 

Photo 3: Neighbouring dwelling to the south at 11 Tower Street

 

Photo 4: View of the existing dwelling at 5 Tower Street.

 

4.    SITE HISTORY

 

A.    HISTORY OF SITE USAGE

 

There has been some building history on the site but no development application history found for the subject site.  The building approval on the site relates to the front carport and the swimming pool at the rear of the site.

 

B.    APPLICATION HISTORY

 

The subject application was lodged concurrently with a Development Application (DA No. 838/2007) for the adjoining semi-detached dwelling at No. 7 Tower Street, which also proposed an identical new first floor addition to the existing dwelling and both dwelling will share the same roof form.

 

Both applications were objected by the owners of No. 5 Tower Street regarding the potential view loss. A mediation meeting was held on 23 August 2007 with the owners of Nos. 5, 7 & 9 Tower Street and the following comments are provided by the mediator:

 

“During the course of the session a number of issues had been raised by the objector with the main concern being loss of views to No. 5 Tower Street, Coogee. It has been agreed by all parties present that the applicant will investigate the possibility of front wall set back including the splay by 400mm. It also has been suggested that number 9 Tower Street will also setback the front wall by 200mm.”

 

The owners of Nos. 7 and 9 Tower Street have advised Council in writing on 28 August 2007 that the above option is considered to be unsuitable and no further amendments will be made.

 

DA/838/2007 was considered at the Health, Building and Planning committee meeting on 11 September 2007 where Council resolved to approve the application subject to conditions including increasing the setback of the front of the proposed first floor living room by 400mm from the front boundary.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Development Control Plan – Public Notification. The following submission was received:

 

5.1 Objections

 

The following objection was received in respond to the notification of the proposal:

 

1)  Planet Urban, acting on behalf of the owners of 5 Tower Street, Coogee

2)  Jason Young & Catherine Downs, owners of 5 Tower Street, Coogee

 

 

Issue

Comment

A four part assessment, using the planning principle established in Tenacity v Warringah 2004 proceedings, demonstrates that the proposal will affect the views from No. 5 Tower Street.

The proposal will result in view loss from the side living room window at the first floor of No. 5 Tower Street. It is considered that the extent of view loss is minor and is only related to the proposed pitched roof overhang over the first floor east-facing balcony. In this regard, it is considered appropriate that a condition should be included in the consent requiring the proposed pitched roof overhang over the first floor balcony to be deleted.

 

5.2 Support

 

A letter of support was received from the following residents:

 

      Jacki Goodridge and Rick Roberts, owners of 11 Tower Street, Clovelly

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1  Development Engineer

 

“An application has been received for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

  Plan No’s 2, 3a, S1, S2 & V1 by Carroll & Carroll Architects dated Sept 2006

 

Landscape Comments

 

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

 

Comment: The Officer’s recommended consent conditions are included in the recommendation of this report.

 

7.    MASTER PLANNING REQUIREMENTS

 

Not applicable as the site is less than 4,000m2.

 

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

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1  Randwick Local Environmental Plan 1998

 

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

 

Residential

Clause No.

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

Yes

No adverse impact, site minimally visible from foreshore but blends in with two storey context, shapes and forms.

 

9.2  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.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

The amended proposal has a FSR of 0.68:1 or approximately 174.9m2 of gross floor area. 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.

 

A summary of the non-compliance is provided below:

 

Site Area:                                                                   252.9m²

Maximum allowable FSR:                                                0.65:1 or 164.4m²

Proposed FSR (excluding 10% void area):                         0.68:1 or 174.9m²

Area exceeding maximum FSR:                                            10.5m²

 

The site is relatively small with a total site area of approximately 252. 9m². As such, any reasonable first floor addition will result in a development that exceeds the preferred floor space ratio. Whilst the amended proposal exceeds the preferred numerical FSR solution, it is considered that the variation is acceptable and the relevant objective and performance requirement of the standard have been achieved in that the proposed bulk and scale will be consistent with the existing development in the locality.

 

It should be noted that the proposed first floor addition has been designed to match with the new first floor addition to the adjoining semi at 7 Tower Street which was recently approved by Council and the design will maintain the symmetrical appearance of the existing semi-detached dwellings and provide a coherent streetscape.

 

Height, Form & Materials

 

Preferred Solution/Performance Requirement

Assessment

S1

External wall height of the building not exceed 7m

The proposed development has a maximum external wall height of approximately 6.3 metres. Complies

S1

External wall height of buildings or additions to the rear does not exceed 3.5m.

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

The entire southern elevation of the proposed first floor addition is 14.7 metres in length and is setback approximately 1.1m from the southern side boundary. Does not comply – see assessment below.

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.

The proposed first floor addition set in front of the roof pitch. Does not comply – see assessment below.

P6

Buildings are designed to allow a sharing of views.

See assessment in Section 9.3 below.

 

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 should be noted that the subject application was submitted concurrently with a Development Application (DA/838/2006) for the adjoining semi-detached dwelling house at 7 Tower Street which also proposed to carry out alterations and new first floor addition to the existing dwelling. As noted previously, DA/838/2006 was approved at the Health, Building and Planning committee meeting on 11 September 2007. In this regard, given these applications are being considered concurrently and that by conditions of consent each application relies on the other for construction, the siting of the upper level to the front of the dwelling in the context of the development to the adjoining semi-detached dwelling is considered to be acceptable.

 

Whilst the length of the proposed first floor addition is longer than the preferred solution, it is considered that a fully compliant development would not result in any substantial improvement to the amenity of the southern adjoining dwelling at No. 11 Tower Street in that there will be an adequate separation between the dwellings at Nos. 9 and 11 Tower Street which will ensure a reasonable level of natural light, daylight and fresh air is maintained for the southern adjoining dwelling. For these reasons, it is considered that the above non-compliance is acceptable and the relevant objectives and performance requirements of the DCP have been achieved. In addition, it should be noted that the proposed development is supported by the owners of No. 11 Tower Street.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The setback of the existing dwelling from the front boundary remains unaltered. A splay is provided at the north-eastern corner of the first floor addition to allow view sharing. 

S2

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

The rear setback of the existing dwelling remains unaltered.

S3

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

The side setbacks of the existing dwelling at ground floor level remain unaltered.

S3

Side setbacks be 1.5m at second floor level.

The proposed first floor addition is setback approximately 1.1 metres from the southern side boundary. Does not comply – see assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

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

 

It is considered that the non-compliance with the first floor side setback requirement is acceptable as the separation between the two first levels (i.e. 9 and 11 Tower Street) varies from 2.7 metres to 6.4 metres. Solar access to the northern side of the southern adjoining dwelling would not be advantaged by a reduced setback. The separation is considered sufficient in terms of ventilation given the site is located within 100m of the coast and is subjected to constant coastal winds and breezes year round. 

 

The non-compliance to the northern boundary is unavoidable given the house is one half of a semi detached dwelling. Complete compliance with the first floor setback requirements on both sides would result in an awkward shaped first level that would be too narrow to be rendered usable and would appear out of character in the streetscape which exhibits symmetrical two storey buildings.

 

The proposed setback is therefore considered reasonable and do not result in adverse amenity impacts to adjacent neighbours.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. 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 does not have any windows or balconies with direct view into private open space of adjoining properties within 9m and beyond a 45 degree angle. Complies.

S1

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

Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The front door of the existing dwelling faces the street and will be retained.

S1,3

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

The proposal has windows and balcony that overlook the street. Complies.

S2

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

Suitable condition included.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

The proposed front fence has a maximum height of 1.95m, which is similar with the height of the existing thatch fence.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

Not applicable.

 

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

 

The front boundary structures currently consists of part roller shutter door and part thatch fence of approximately 1.8m in height and the existing fencing along the western side of Tower Street is predominately open design fence of a maximum height of 1.8m. 

 

The proposal involves the removal of the existing thatch fence and replaces it with a solid fence and a timber gate with maximum height of 1.95m. As noted previously, it is considered that the height of the proposed fence and gate is acceptable as the height is similar to the existing thatch fence and is also compatible with the height of the existing roller shutter door structure on the site. For these reasons, it is not considered that the proposal will result in any adverse impact on the existing character of the local streetscape.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

Not applicable. No north-facing windows are proposed.

S9

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

No solar collectors on adjacent buildings.

S9

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

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

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

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

 

9.3      View Sharing

 

The proposal will result in view loss from the first floor of the existing dwelling at No. 5 Tower Street. The dwelling at No.5 Tower Street contains a first floor front balcony and a full height window to the living room facing the southern boundary. Concerns were raised by the owners of No. 5 Tower Street that the proposed pitched roof overhang over the first floor east-facing balcony will block some views to the coast and Gordons Bay. In this regard, it is considered appropriate that a condition should be included in the consent requiring the pitched roof overhang over the first floor balcony to be deleted.

 

It should be also noted that Council recently approved a development application at No. 7 Tower Street which requires the front of the first floor addition to be setback 400mm further from the front boundary to minimise the view loss from No. 5 Tower Street. In order to maintain a reasonable level of views from No. 7 Tower Street, it is considered appropriate that the front of the proposed first floor addition is to be setback 200mm further from the front boundary to allow a sharing of views.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome:               Excellence in urban design.

Direction:                 Improved design and sustainability across all development.

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The proposed development is generally consistent with the aims, objectives and performance requirements of the DCP for Dwelling Houses and Attached Dual Occupancies. The proposed development (subject to conditions) will be consistent with the bulk and scale of adjacent and surrounding buildings and does not result in adverse amenity impacts to neighbours by way of privacy, overshadowing or unreasonable view loss. The proposal is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/837/2006 for alterations and new first floor addition to the existing single storey semi-detached dwelling house including new front balcony at first floor, new front fence and roller shutter door. at No. 9 Tower Street, Coogee, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered 2 and 3A, dated September 2006 and received by Council on 29 September 2006, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The roof of the proposed first floor addition to the existing dwelling must be implemented in accordance with the details shown on the amended plan numbered A, dated April 2007 and received by Council on 11 April 2007.

 

3.       The proposed pitched roof overhang to the first floor east-facing balcony must be deleted to minimise view loss from No. 5 Tower Street.

 

4.       The front setback of the proposed first floor living room must be increased a further 200mm from the front boundary to allow a sharing of views.

 

5.       A Construction Certificate for DA consent 837/2006 must not be issued by Council or the Certifying Authority unless that Construction Certificate also incorporates DA consent 838/2006.

 

Reason:

 

Council is of the opinion that approval of both DA 837/2006 and DA 838/2006 is warranted only in circumstances where both semi-detached dwellings, known as Nos. 7 & 9 Tower Street, Coogee are acted upon concurrently. The condition is imposed to prevent the owner/s of either property engaging a private certifier to issue an individual construction certificate for their property. Failure to comply with this condition would amount to an offence pursuant to the Environmental Planning and Assessment Act.  In the absence of both consents being acted upon concurrently a streetscape issue may arise.

 

6.       An Occupation Certificate must not be issued for the first floor addition to the subject development prior to the adjoining dwelling at 7 Tower Street (DA/838/2006) being constructed at least up to “lock up” stage (completion of all structural work, internal and external wall frame, roofing, guttering and drainage and external walls/cladding and finishes) to the satisfaction of Council.

 

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

 

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

 

8.       At no time shall any privacy screening devices be placed or erected on the northern side of the first floor balcony. The glazing to the first floor balustrade shall be clear/transparent glass.

 

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

 

10.     There must be no encroachment of the structure/s onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

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

 

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

 

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

 

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

 

14.     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.

 

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

 

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

 

16.     Hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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

 

17.     Surface water/stormwater must be drained and discharged to the street gutter to the satisfaction of the certifying authority and details of the proposed stormwater drainage system are to be included in the construction certificate details for the development.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

19.     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.

 

20.     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.

 

21.     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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

23.     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.

 

24.     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”.

 

25.     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.

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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:

 

30.     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.

 

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

 

32.     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.

 

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

 

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

 

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

 

35.     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.

 

36.     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.

 

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

 

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

 

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

 

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

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

40.     A Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey.

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

41.     A Road Opening Permit must be obtained from Council's City Services Department prior to opening-up or carrying out any proposed works within the road, footpath, nature strip or other public place and all works including repairs are to be carried out to Council's satisfaction.

 

Civil Works Conditions

 

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

 

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

 

a.       Reconstruct/extend the concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, if required.

 

43.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's roadway, 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.

 

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

Alignment Level Conditions

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

 

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

 

46.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

Drainage Conditions

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

 

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

 

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

 

a)       To the kerb and gutter along the site frontage by gravity (without the use of a charged system); OR

 

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

 

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

 

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

 

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

 

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

 

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

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

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

 

Service Authority Conditions

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

 

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

 

54.     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.

Advisory Conditions

 

A1      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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

 

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

 

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

 

A2      The applicant 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

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 

 


 

Director, City Planning Report 71/2007

 

 

 

SUBJECT:

29 Bay Parade, Malabar

 

 

DATE:

12 September, 2007

FILE NO:

DA/37/2007 & PROP025558

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

INTRODUCTION:

 

Attached is a Development Assessment Report for alterations and additions to dwelling and new garage in rear yard at 29 Bay Parade, Malabar.

 

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 11 September 2007.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

12 September, 2007

FILE NO:

DA/37/2007 & PROP025558

 

PROPOSAL:

 Alterations and additions to dwelling and new garage in rear yard

PROPERTY:

 29 Bay Parade, Malabar

WARD:

 South Ward

APPLICANT:

Mr A B Moore

OWNER:

Mrs S E Moore

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Alan White, Paul Tracey and John Procopiadis.

 

The application details alterations and additions to the existing dwelling, including a new upper level, and the erection of a new garage to the rear of the property.

 

The main issues are the impact of the development upon the amenity of the adjoining dwellings in terms of overshadowing, privacy and views, and its visual impact on foreshore scenic protection area.

 

The application is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application details alterations and additions to the existing dwelling including an addition to the rear of the dwelling to provide and additional bedroom, internal floor plan reconfiguration to provide for a new bathroom and open plan living area and patio at the front of the dwelling. The application also proposes an upper level addition to provide for two bedrooms, two bathrooms, a retreat and balcony across the front of the dwelling. An existing garage within the rear yard is to be demolished and a new garage and store with bathroom erected to both side and rear boundaries. The additions will provide for an additional 147m² of floor area to the dwelling.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern eastern side of Bay Parade which is directly opposite Malabar Bay and is presently occupied by an existing single storey dwelling.  The site has a frontage width of 11.58m, a side boundary depth of 41.605m and has an overall site area of 482m², the site has a slight fall from the rear towards the street frontage. The locality is residential in nature and contains a mixture of single and two storey dwellings, and older style and new dwellings.

 

4.    COMMUNITY CONSULTATION:

 

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

 

4.1 Objections

 

Form Architecture, on behalf of the owners of 27 Bay Parade Malabar

Issue

Comment

The setbacks do not comply with the preferred solution of the DCP with respect to the upper level setback being 990mm, which has a detrimental impact in relation to increased bulk and scale and decreasing privacy and view corridors.

See discussion below in Section 6.

The external wall height of the building in the northern elevation exceeds 7m.

A condition of consent is recommended to require that the height of the building at the front be lowered by 500mm to reduce the impact upon the amenity of the adjoining properties.

There are concerns relating to loss of privacy from the upper level windows and balcony which could look down upon the adjoining dwelling.

There are no major concerns relating to loss of privacy at the front of the dwelling from the upper level front windows and balcony in that the view is across the front yard of the adjoining dwelling within which it is not expected there will be any privacy due to the open nature of the streetscape.

The proposed upper level will result in a loss of sunlight to the living rooms of the adjoining property.

The degree of additional over shadowing to the adjoining properties is not unreasonable and complies with the objectives and performance requirements of the DCP.

The bulk of the dwelling has a detrimental impact on the amenity of the adjoining dwelling by means of visual bulk.

The overall bulk and scale of the building is not out of character with other recently approved development in Malabar.

The proposed garage does not comply with the DCP in relation to side boundary setbacks and site coverage.

Garages are commonly sited up to the rear and both side boundaries, and this may be appropriate in this case if the overall height of the garage is reduced. With respect to site coverage and width, this primarily relates to garages which are sited at the front of dwellings and addresses concerns relating to streetscape. The siting of the garage within the rear yard will not have any significant impact upon the streetscape.

The garage is excessive in size and intensifies the use of the site.

The garage and store is not considered unreasonable in size and allows for the parking of two vehicles and storage which is consistent with the residential use of the site.

The garage roof being white will be reflective.

A condition of consent is recommended to ensure that the roof colour be non reflective.

The existing structures may contain asbestos and written assurances are required from the owner that the removal will be in accordance with Work Cover requirements.

Conditions of consent require the submission of a demolition plan which will detail asbestos removal to be in accordance with both Work Cover and Council requirements.

The erection of an upper level amongst a group of predominantly single storey dwellings will have an adverse impact upon the streetscape, and the roof design exacerbates the discrepancy in height between the dwellings and is out of context with the adjoining developments.

 

Bay Parade contains a mixture of single and two storey dwellings of various forms and an argument cannot be made that the streetscape is predominantly single storey in nature and of consistent building form and style.

The garage includes a bathroom and the building could be used as a dual occupancy.

A condition of consent is recommended to require that the garage is to be used in conjunction with the dwelling and not for any separate occupation.

The submission is incomplete and inconsistent with the actual site conditions and is not accurate.

The plans and details as amended and inspection of the site and objectors premises has allowed a proper and detailed assessment of the impacts of the proposal upon the amenity of the adjoining and nearby dwellings.

 

G & S Mezei of 31 Bay Parade Malabar

 

Issue

Comment

There will be a direct loss of easterly ocean views from their living room and kitchen due to the new boundary setback of the front wall of the building.

The substantial panoramic view across Malabar Bay and to the headland from the front of the dwelling remains unaffected and it is unreasonable to expect that views from the side window of the dwelling be maintained when the primary view is unobstructed.

The privacy screen to the ground level patio would block views.

A condition of consent is recommended to require that this screen be of clear glazing.

The boundary setbacks are not identified for the front deck.

The front deck maintains the existing side boundary setback of the dwelling which is 2480mm.

There are no dimensions on the plans for the upper level balcony.

The balcony depth is indicated on the plans as being 920mm and 1500mm.

There are concerns relating to loss of privacy from the upper level windows in the retreat which would look directly into their proposed upper level.

A condition of consent is recommended to require that this window be of obscured glazing to a sill height of 1.5m which will maintain a reasonable level of privacy to the adjoining dwelling.

The north west wall of the garage is closer to the side boundary and is higher than 3.1m.

It is appropriate to site the garage up to the side boundaries and a condition of consent is recommended to reduce the height of the garage to 3.2m.

There are concerns relating to the removal of asbestos.

Conditions of consent require that asbestos removal be in accordance with Workcover and Council requirements, which would include the preparation of a work plan.

 

A Dunsmore & F Andry of 90 Victoria Street Malabar

 

Issue

Comment

A detailed site survey has not been provided to accurately assess natural ground levels and it is difficult to assess the overall height of the building.

A survey plan has now been submitted and it is possible to compare the heights of the existing dwelling and the proposed additions to assess the overall height of the building.

The proposed development will be out of keeping with the established street scape which contains single storey bungalow dwellings.

Bay Parade contains a mixture of single and two storey dwellings of various forms and an argument cannot be made that the streetscape is predominantly single storey in nature and of consistent building form and style.

The two storey façade is within a single storey streetscape which is not subject to substantial redevelopment.

Bay Parade contains a mixture of single and two storey dwellings of various forms and an argument cannot be made that the streetscape is predominantly single storey in nature and of consistent building form and style.

The front façade and roof structure will restrict water views and does not provide for sharing of views.

The available views across the front of the adjoining and nearby dwellings to Malabar Bay and headland are unaffected by the proposed development.

The aesthetic appearance of the dwelling will have an adverse impact upon the foreshore scenic protection area.

The immediate locality includes a wide variety of development, including many older style dwellings in poor condition, and it could not reasonably be argued that this development, subject to conditions relating to colours, materials and finishes, would have an adverse impact upon the aesthetic values of the foreshore scenic protection area.

The side boundary setbacks do not comply with the DCP and will have an impact upon their views.

See discussion in Section 6.

The proposed flat white roof will cause unnecessary glare.

A condition of consent is recommended to ensure that the roof is to be not white or light in colour to reduce glare.

The garage being across the whole width of the site does not comply with the DCP which specifies a maximum of 35% of the width of the site.

With respect to site coverage and width, this primarily relates to garages which are sited at the front of dwellings and addresses concerns relating to streetscape. The siting of the garage within the rear yard will not have any significant impact upon the streetscape.

 

A Teague of 97 Victoria Street Malabar

Issue

Comment

The garage is excessive in height.

A condition of consent is recommended to reduce the height of the garage to 3.2m.

The garage includes a bathroom and could be used to separate occupation.

Bathrooms are commonly provided for within garages and outbuildings and there existence does not imply that the building would be used for separate occupation. A condition of consent is recommended to require that the garage is not to be used for separate occupation.

There will be a loss of privacy from the en suite bathroom window.

It could not reasonably be argued that there would be any loss of privacy from a bathroom window, and this window is almost 16m from the rear boundary.

 

Mediation was organised with the applicant and objectors to address their concerns and was held at Council Offices on the 28th August. The mediation was not wholly successful however the following matters were agreed upon and are included in the recommended conditions of consent.

 

a)  the garage height being reduced to 3m-3.2m.

b)  the screen to the ground patio to be clear glazing.

c)  the front roof section being reduced by 500mm.

d)  the roof to be non reflective.

e)  the balustrade to the front balcony is to be wire or clear glass.

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the site is within the Foreshore scenic protection area, the proposed activity is permissible with Council’s consent.

 

6.    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.

 

6.1      Environmental Planning Instruments

Randwick Local Environmental Plan 1998

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

 

Clause 29 – Foreshore Scenic Protection Area

The proposed development responds to its coastal setting by orientating its living areas and balconies in response to the outlook, and adopts as scale that is appropriate in the context of its immediate neighbours and the environmental quality of the public domain.

 

The simple and contemporary design of the building is proportioned with large openings to the front elevation and adopts a stepped form, providing architectural relief thereby reducing the visual bulk of the building. The use of a skillion roof also assists in minimising the profile of the building. Overall, the proposal will contribute to the visual qualities of the foreshore scenic protection area.

 

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

 

SEPP: BASIX requirements came into force for development applications lodged on or after 1 July 2007, involving:

 

●        alterations and additions valued at $50,000 or more:

          or

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

 

The proposal is for alterations and additions valued over $50,000 and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP.  The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

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

 

6.2      Development Control Plans

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.

45% of the site is landscaped area. Complies.

S1

A minimum of 25m² of useable private open space is to be provided.

The rear yard has an area of 110 sqm. 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 10m x 11m. 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.

 

30% of the site is permeable. Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.58:1 applies. 

 

The proposed FSR is 0.51:1. Complies.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The overall height of the building, including the skillion roof is to be reduced by a condition of consent to 7.3m, this is to the front of the dwelling only with the remainder of the dwelling complying with the preferred solution. The degree of non compliance is not significant and does not result in any adverse impact to the adjoining dwellings. It should also be noted that the maximum height of the proposal would be only 280mm higher than the roof ridge of the adjoining dwelling at No. 27 Bay Parade and 1.7m higher than the ridge of No. 31 Bay Parade.

S1

External wall height of buildings or additions to the rear does not exceed 3.5 m.

A condition of consent is recommended to reduce the height of the garage to 3.2m.

S3

No excavation within 900mm of a side boundary.

Conditions of consent require that the subject and adjoining properties being properly retained during and after building works.

S3

No excavation within 4m of a rear boundary.

Conditions of consent require that the subject and adjoining properties being properly retained during and after building works.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 5.78 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Also the new patio to the front of the dwelling is consistent with the setback of the recently erected patio to the adjoining dwelling at 31 Bay Parade.

S2

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

The proposed garage is sited up to the rear boundary and adjoins in part a garage to the rear of the site. There are no objections in that there will not be any adverse impact upon the amenity of the adjoining properties.

 

S3

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

The proposed development is set back 990mm and 2480mm from the side boundaries. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed upper level is set back 990mm and 2480mm from the side boundaries, does not comply to the south eastern side boundary, see assessment below.

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

The upper level set back to the south eastern side boundary does not comply with the preferred solution of the DCP and therefore an assessment must be made as to whether or not the proposed set back satisfies the objectives and performance requirements of the DCP. The orientation of the subject and adjoining sites is to the north towards Long Bay and is unobstructed with no buildings opposite and it cannot be argued that this upper level setback will obstruct fresh air to the adjoining dwelling. With respect to sunlight and daylight this setback will not result in any substantial degree of over shadowing and therefore the proposed setback to the upper level complies with the objectives and performance requirements of the DCP. In addition it should also be noted that this setback is consistent with upper level setbacks to nearby and adjoining dwellings and is conditioned to be increased to that of the existing side boundary setback at the south-eastern end of the building.

Visual & Acoustic Privacy

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

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

The proposal will not result in any significant loss of privacy to the adjoining properties in that the balcony to the front of the dwelling looks across to Malabar Bay and the headland and it is not reasonable to expect that privacy within the front yard of the dwellings would be maintained when at present the front yard areas of the dwelling are completely open. With respect to upper level windows, those within the southern side elevation serve the main bedroom and en suite bathroom. Privacy from those type of rooms are generally not considered to be compromised because the use of the rooms will include internal privacy measures when the rooms are occupied. With respect to the windows in the northern elevation a condition of consent is recommended to require that the window serving the retreat have obscured glazing to a sill height of 1.5m to prevent direct over looking from that window.

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

The proposed dwelling has parking for 2 cars. Complies.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

Existing driveway.

S1

Driveways have a maximum width of 3m at the property boundary.

Existing driveway.

S1

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

Existing driveway.

S2

Garages and carports located behind the building line where parking only available from the front of the site.

The proposed garage is located in the rear yard. Complies.

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

No encroachment upon the building line.

P2

Building form, colour, materials and finishes are sympathetic.

Conditions of consent are included to provide for a schedule of colours and materials for approval prior to release of a Construction Certificate.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

The primary views across the front of the adjoining dwellings towards Malabar Bay are unobstructed by the proposed development.

 

View Loss

 

Under Section 4.3 of the Development Control Plan for Dwellings and Attached Dual Occupancies buildings are required to be designed to allow for a sharing of view loss. This concept of views has recently been defined in the Land and Environment Court by Senior Commissioner Roseth in Tenacity v Warringah Council (2004).

 

The Commissioner in deciding whether or not view sharing was reasonable adopted a four step assessment as follows.

 

a)    The value of the subject view ie. water views are more valued than land views with iconic view such as the Opera House of North Head being more valued than views without icons and whole views are more valuable than partial views.

 

b)    From what part of the property are views obtained, for example the protection of views across side boundaries is more difficult to maintain than views from front and rear boundaries, and in addition whether or not the view is enjoyed from a standing or sitting position is also relevant, with sitting views being more difficult to protect. The expectation to retain side and sitting views is often unrealistic.

 

c)    Assess the extent of the impact from the property as a whole rather than just for the view affected, the impact on views from living areas are more significant than from bedrooms or service areas, then it is useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

d)    The reasonableness of the proposal that is causing the impact and compliance with planning controls, with a development which satisfies planning controls being considered more reasonable than one that does not. With a complying proposal the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact upon the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

The objector’s property at 31 Bay Parade enjoys substantial uninterrupted views towards the north coast from the front of their dwelling which will remain unaffected by the proposed development. When undertaking an assessment of the view loss and view sharing, a determination must be made as to the extent of view loss and the impact that this will have upon the property which has the benefit of the view. In this instance the view loss is assessed as follows;

 

a)       The view from the front of the subject and adjoining properties across to Long Bay and to the headland is a significant panoramic view with value during both day and night.

 

b)       The substantial panoramic view across Long Bay and to the headland from the front of the dwelling remains unaffected and it is unreasonable to expect that views from the side window of the dwelling be maintained when the primary view is unobstructed.

 

c)       The extent of view loss in comparison with the remaining substantial views directly to the north east is regarded as minor, and is accessed from a window to the side of the property.

 

d)       The overall proposal complies with the relevant assessment criteria including the objectives and performance requirements of the DCP for Dwellings. It is considered that amendments to the design are not warranted given the extent of the view loss is minimal and of less value than the iconic views being maintained.  Further the views are across a side boundary and it would be unreasonable to maintain these in their entirety.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S2

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

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

S2,8

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

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

S9

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

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

S9

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

The proposal will not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

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

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

 

The north east facing front windows of No. 29 Bay Parade will receive good solar access and in accordance with the requirements stipulated above. However, due to the orientation of the site, there will be an unavoidable degree of overshadowing to the side windows of the adjoining property at No. 27 Bay Parade. It should be noted that the proposed first floor addition for the majority of its length will comply with the preferred solution for wall height and will maintain the existing side boundary setback of approximately 1.2m. An increase in the setback of the upper level of 300mm would not provide any significant increase in solar access to the adjoining property and as such it would not be warranted to refuse the application on this basis, as the additional overshadowing to the side windows is a direct and natural consequence of the orientation of the site rather than an indication of an inappropriate design.

 

7.    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.

 

8.    CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/37/2007 for permission to carryout alterations and additions to the existing dwelling a construct a new garage within the rear yard 29 Bay Parade, MALABAR subject to the following conditions: -

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 11807, undated  and received by Council on the 5th July 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       Metal roof sheeting is to be painted or colour bonded and is not to be white or light colour, to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

4.       There must be no encroachment of the structure onto any adjoining property and the boundaries of the site are to be accurately established prior to the commencement of any building works.

 

5.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

6.       To reduce the impact of the height of the garage upon the amenity of the adjoining properties the overall height of the garage is to be reduced to a maximum of 3.2m and plans accompanying the Construction Certificate are to be amended accordingly.

 

7.       The front section of the roof of the dwelling is to be lowered by 500mm to reduce the impact upon the amenity of the adjoining dwellings.

 

8.       The proposed weather screen to the patio at ground level is to be of clear glazing to maintain the view to Malabar Headland from the front of the adjoining dwelling.

 

9.       The garage is to be used in conjunction with the dwelling only and not for any separate occupation or business use.

 

10.     The window (W1) within the upper level retreat in the northern elevation is to be of obscured glazing to a height of 1.5m above floor level to maintain privacy to the adjoining dwelling.

 

11.     The proposal shall maintain the existing side boundary setback of the existing dwelling to the front section of the southern elevation. Details to be submitted and approved by the Director of City Planning prior to the issuing of a construction certificate.

 

12.     The balustrade to the upper level balcony is to be of clear glazing.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·        Stormwater management (i.e. rainwater tanks)

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

·        Landscaping provisions

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

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

 

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

 

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

 

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

 

18.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

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

 

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

 

20.     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.

 

21.     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.

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

24.     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.

 

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

 

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

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

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

 

26.     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.

 

27.     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.

 

28.     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.

 

29.     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.

 

30.     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:

 

31.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following regulations:

•      The requirements and Guidelines of WorkCover NSW

·      Occupational Health and Safety Act 2000

·                Australian Standard 2601 (2001) – Demolition of Structures

·                The Protection of the Environment Operations Act 1997

·                Protection of the Environment Operations (Waste) Regulation 1996.

 

32.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·                 The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·                 Details of hazardous materials, including asbestos

·                 Method/s of demolition and removal of asbestos

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

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

·                 Methods and location of disposal of any asbestos or other hazardous materials

·                 Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·                 Date the demolition and removal of any asbestos materials will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

33.     Any work involving the demolition, storage and disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

a.       Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

b.       Randwick City Council’s Asbestos Policy (adopted 13 September 2005)

 

c.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 50 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

d.       On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

e.       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.

 

f.        A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & dev can be obtained from Council’s Customer Service Centre.

 

34.     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.

 

35.     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

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

 

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

·       effectively support  the excavation and building; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

 

Notes

 

·     This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain:

a)    the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)    an access order under the Access to Neighbouring Land Act 2000, or

c)    an easement under section 88K of the Conveyancing Act 1919, or

d)    an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

·     Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

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

 

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

 

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

 

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

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or 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.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·                  construction noise and vibration management;

·                  construction traffic management provisions.

 

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

 

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

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan which must be submitted to and approved by the principal certifying authority prior to the commencement of any site works. 

 

41.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

a.       Building materials, sand, soil, waste materials, construction equipment or other activities 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.

 

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

 

c.       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.  Applications to place a waste container in a public place can be made to Council’s Health Building and Regulatory Services section.

 

d.       Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

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

 

42.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additional storey/upper floor addition.

 

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:

 

43.     The installation of rainwater tanks shall comply with the following noise control requirements:-

 

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

 

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

 

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

 

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

 

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

        ●          before 7.00am or after 8.00pm on weekdays.

 

ADVISORY MATTERS:

 

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

 

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

 

A2      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 



 

Director, City Planning Report 72/2007

 

 

SUBJECT:

61 High Street, Randwick  

 

 

DATE:

13 September, 2007

FILE NO:

DA/468/2007 & RPO044610

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for addition to Prince of Wales Medical research Institute, comprising additional open office spaces located to the northeast and southwest corners of the building envelope, additional stairs and rooftop plant room located above the north-eastern addition.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 11 September 2007.

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

11 September, 2007

FILE NO:

DA/468/2007 & PROP044160

 

PROPOSAL:

 Proposed additions to Prince of Wales Medical Research Institute, comprising additional open office spaces located to the northeast & southwest corners of the building envelope, additional stairs and rooftop plant room located above the north-eastern addition.

PROPERTY:

 61 High Street, Randwick

WARD:

 West Ward

APPLICANT:

 Prince Of Wales Medical Research Institute

OWNERS:

 South Eastern Sydney & Illawarra Area Health Service

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Ordinary Council meeting as it is valued at $5 Million .

 

The application is for the construction of new additions to the northeast and southwest corners of the existing building envelope. The proposed addition to the northeast corner comprises open office areas located on three levels and the addition to the south-western corner is two storey in height corresponding to the two existing levels of the existing building and also comprises of open office areas.

 

The Prince of Wales Medical Research Institute is located on the Prince of Wales Hospital site, adjacent to the Medical School of the University of New South Wales. The subject site is located on the south-western corner of the Prince of Wales Hospital site. It is bounded by Barker Street to the south, Easy Street (the main entry to the facility and to the shared parking area and hospital complex) to the east, Hospital Road and the ambulance station to the west and Francis Martin Drive to the north. Directly to the north of the subject site are the Black Dog Institute and The Kiloh Centre.

 

The proposal was notified and advertised in accordance with Council’s Development Control Plan – Notification and no submissions were received.

 

As the proposal constitutes Crown development, Council cannot refuse to grant consent or impose conditions, except with the approval of the Minister of Planning or the applicant. The draft conditions have been reviewed by the applicant and agreement to the conditional consent has been provided.

 

The main issue of the proposed development is in relation to the master planning requirements of the Randwick Local Environmental Plan 1998. However, due to the nature of the development, it is considered that the requirements should be waived.

 

The recommendation is for approval subject to conditions of consent that have been agreed by the applicant.

 

2.    THE PROPOSAL

 

The proposal is for the construction of new additions to the northeast and southwest corners of the existing building envelope. The proposed addition to the northeast corner comprises open office areas located on three levels and the addition to the south-western corner is two storey in height corresponding to the two existing levels of the existing building.

 

The proposal also includes the construction of a new rooftop plant room located above the north eastern addition.

 

No additional parking is proposed as part of the proposal.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The Prince of Wales Medical Research Institute is located on the Prince of Wales Hospital site, adjacent to the Medical School of the University of New South Wales. The subject site is located on the south-western corner of the Prince of Wales Hospital site. It is bounded by Barker Street to the south, Easy Street (the main entry to the facility and to the shared parking area and hospital complex) to the east, Hospital Road and the ambulance station to the west and Francis Martin Drive to the north. Directly to the north of the subject site are the Black Dog Institute and The Kiloh Centre. Figure 1 is an aerial view of the subject site and surrounding area.

 

          Figure 1: The subject site and surrounding area (subject building shown circled)

 

4.    SITE HISTORY

 

A number of applications have been received over the past few decades for the redevelopment of the site with two periods of intensive redevelopment over the mid to late 1980s including some five applications; the second phase of redevelopment was during the 1990s which related to a comprehensive redevelopment of the entire site. A development application for alterations and additions to the Black Dog Institute building including new first floor and addition and new signage was approved at the Ordinary Council meeting on 24 June 2003.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified and advertised in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans. No submission was received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

 

6.1      Development Engineer

 

“An application has been received for building extensions to the existing facility at the above site. The proposed additions comprise open office areas located on two levels corresponding to the two existing levels of the facility. These are located to the northeast and southwest corners of the building envelope.

 

This report is based on the following plans and documentation:

 

·         Drwg No’s DA000 - 008 by Cox Richardson dated April 2007;

·         Amended Architectural Plan, Option 1, ‘Retain Gum 1 only’, received by Council on 10/09/07;

·         Statement Environmental Effects by Cox Richardson dated June 2007 stamped 12/6/07;

·         Statement Environmental Effects by Cox Richardson dated June 2007 stamped 13/6/07

 

Landscape Comments

 

In the open turfed area fronting Barker Street, between the existing Ambulance Station and Hospital building, there is one Melaleuca quinquinervia (Broad Leafed Paperbark) of around 6 metres in height which despite providing a softening effect of the surrounding structures when viewed from the street is not regarded as a significant specimen.

 

As it would be in direct conflict with the works proposed in this area of the site, retention is not deemed feasible, and as such, no objections are raised to its removal as has been shown.

 

Immediately to the north, there is one large and significant Grevillea robusta (Silky Oak) of approximately 20 metres in height which despite the canopy exhibiting a bias to the west, still appears in reasonable health and condition, and is covered by the provisions of Council’s Tree Preservation Order (TPO).

 

Due to the central location of this tree in this area of the site, a significant redesign which would impact the rest of the proposal would be required should its retention be sought, and given the State wide importance of this facility, combined with Council’s desire to retain another, more desirable species as part of this application, approval is granted for the removal of this tree on the basis that replacement planting is undertaken in this area in order to compensate for the loss of existing canopy cover.

 

Near the northern end of the existing Medical Research Institute (MRI) building, adjacent the Block Dog Institute and Kiloh Centre, there is a row of three Corymbia maculata (Spotted Gums) of between 15-25 metres in height, with canopy spreads of 8-15 metres.

 

The most southern tree is the smallest of this group, with the two most northern trees having developed co-dominant canopies which provide a highly valuable food and habitat source for native fauna, as evidenced by the large quantities of native birds observed throughout their canopies during both site inspections.

 

While their visual prominence is largely restricted to within the site given the presence of surrounding high rise buildings which effectively enclose this area of the Hospital grounds, their contribution to the environment and amenity of employees is undeniable.

 

While Council’s preference for the retention of the two larger, co-dominant trees was originally investigated by the applicant; however, later discussions confirmed that this option would not be feasible or practical given, primarily, the lack of available space that would result from such a redesign.

 

As such, it has been agreed by both parties that a setback of 5 metres off the southern side of the largest, most northern tree would be an acceptable distance to accommodate its retention, as disturbance will be limited to one side of its root plate only, with Council’s Manager of Development Assessment confirming that the addition of an extra (third) floor to this part of the proposal would be acceptable in this instance so that the required floor space can be achieved.

 

Therefore, relevant protection measures to ensure the preservation of this important natural feature have been included in this report.

 

Traffic Comments

 

A traffic Impact Assessment has been prepared by Parsons Brinckerhoff which advised that, the Medical Research Institute (MRI) car park is located on the west side of Easy St, the car park has 36 spaces including 1 disabled parking space. There is 14 right angle car spaces on the eastern kerb of Hospital Rd with collapsible bollards plus 2 parallel spaces. In front of the Black Dog Institute (BDI) there is a right angle disabled person’s car park. There are 10 right angle parking spaces on the western kerb near Barker St which are chained to prevent unauthorised use.

 

Current parking on the site would seem to be 63 car parking spaces

 

Site inspections during the day revealed that the car park was not fully utilised.

 

The assessing officer is advised that Development Engineering considers that as the area is well serviced by public transport and the fact that the additional floor space area will be utilised by current staff members and fellow hospital staff within the immediate vicinity the parking spaces provided within the site are considered sufficient.”

 

6.2      Manager of Health, Building and Regulatory Services

 

“The proposal

 

The application provides for alterations and additions to the existing hospital research facility including additional and replacement plant and equipment.

 

Key Issues

 

Noise from plant & equipment.

 

The Statement of Environmental Effects makes reference to the removal of existing ground mounted mechanical plant and it’s re-location to the new roof top along with some new equipment.

 

The Statement also suggests that there is not expected to be any adverse acoustic impacts on neighbours beyond the Hospital once addition attenuation measures have been implemented. This is somewhat contradicted by the Acoustic report  prepared by PKA which indicates that the night time criteria may be over and that noise levels within the building would be unacceptable if windows are open or where special laminated glass is not employed.

 

As no specific details have been submitted for any acoustic treatment or mitigation methods, concerns arise as to whether this may alter the external appearance of the proposed structure and the assessing officer is advised to take this into consideration when determining this application.”

 

6.3      Heritage Planner

 

“The Prince of Wales Hospital occupies a large site bounded by High Street, Avoca Street, Barker Street and residential properties to the east of the site.  The site includes three heritage items- the former Main Block (designed by Edmund Blacket and constructed between 1856 and 1864), the Superintendent’s Residence (designed by J Horbury Hunt and constructed in 1863), and the former Catherine Hayes Hospital (designed by Edmund Blacket and Thomas Rowe and constructed in 1870).  This group of sandstone buildings in the north east corner of the site is associated with the former use of the site as the Randwick Destitute Children’s Asylum.  The Randwick Heritage Study Inventory Sheets for the building notes that the buildings sheltered 6,000 children between 1858 and 1915.  To the south of the site is the Struggletown Conservation Area.  The Statement of Significance for the Conservation Area notes that the area has aesthetic, historic and social significance as one of the earliest settlements in Randwick, with a range of small dwellings and stables buildings associated with the horse racing industry.

 

The application proposes additions to the Medical Research Institute in the south western corner of the site, adjacent to Barker Street.  The existing buildings are arranged around two courtyards and are generally of single storey scale with a two storey L-shaped central section linking the two courtyard buildings.  The application proposes two storey additions to the existing two storey central section of the building.

 

The application has been accompanied by a Statement of Environmental Effects which includes a section on conservation and heritage controls.  The SEE notes that the proposal does not include the removal or alteration to any heritage listed items, and that no significant impact on the nearest significant item, the Children’s Cemetery will occur. 

 

The site has been the subject of a Conservation Management Plan prepared by Graham Brooks and Associates in 1997.  Extensive investigations of the Cemetery site were carried out prior to this in conjunction with plans for redevelopment of part of the area, by heritage consultants Anne Bickford and Associates and Godden Mackay, as well as interviews with the descendents of people (or their relatives) who were in the Children’s Asylum. 

 

The CMP includes a drawing indicating the layout of the site in 1890 during the period of the Destitute Children’s Asylum.  In the south western part of the site it indicates a group of workers cottages close to Barker Street and the Cemetery which took burials between 1863 and 1891.  A photograph of the cottages in the CMP indicates two semidetached pairs.  In relation to the historical nature of this part of the site, the CMP notes that in 1863 this part of the site was used as a Chinese Market Garden and that prior to 1890, the area included two small sheds in addition to the Victorian workers cottages.  By the 1980s the cottages and a post war building had been demolished to make way for the Research Institutes and the Ambulance Station. 

 

The CMP includes a drawing indicating Grading of Significant Elements.  In the south western part of the site, the CMP attributes low significance to the Medical Research Buildings, but indicates that the Cemetery area is a significant European Archaeological site.  The CMP notes that the site of the Cemetery has exceptional significance, mainly for its social associations and technical or research potential. It is noted that the Cemetery was the site for 155 recorded burials of children (most under 10 years of age) who died at the Destitute Children’s Asylum- for example in 1867, 63 children died of whooping cough and measles.  The CMP recommended that an archaeological assessment and interpretation of the area should be carried out in conjunction with any development of the area.  This detailed archaeological investigation and examination of the remains was carried out as part of a development application (D/197/99) approved in July 1998 for construction of a memorial garden and reinterment of remains from the Randwick Destitute Children’s Asylum Cemetery.

 

It is noted that the Medical Research Institute buildings are located a considerable distance from the heritage items on the site and at a lower level, and are also reasonably well separated from the former cemetery site and existing memorial garden and at a lower level. 

 

In relation to the adjacent Struggletown Conservation Area it is noted that building on the opposite side of Barker Street generally comprise stables buildings of fairly recent construction, continuing the historic uses on the site.  These buildings are single storey with generous roof forms.  The proposal for the subject site will not significantly increase the scale and bulk of the existing buildings.  A higher section of louvred screens, possibly screening mechanical plant are located well back from Barker Street

 

The proposal will not result in any physically damage to the heritage items on the site, nor to the nearby memorial garden.  The proposal will not overshadow nor adversely impact on significant views to of from the memorial garden, or the heritage buildings on the site or those in the adjacent conservation area, and will not adversely impact on their settings. 

 

The following conditions should be included in any consent: 

 

       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

       In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.”

 

7.    MASTER PLANNING REQUIREMENTS

 

Clause 40A of LEP 1998 states as follows:

 

(1) Despite any other provisions of this plan, consent may be granted to a development application made in respect of a site area consisting of more than 4,000 square metres of land only if:

 

(a) a master plan for the development of that land has been adopted in accordance with this clause, and

(b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

 

(2) The consent authority may waive the requirement for a master plan, but only if it is satisfied:

 

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

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

 

The proposed development is considered to be ancillary to the existing use of the land and is relatively minor in scale. The proposal is located within the existing hospital site and will not be readily visible from neighbouring residential properties. In terms of the traffic and car parking generating potential, it is considered that the proposed increase in traffic and demand for car parking would be relatively minor in relation to the overall traffic and parking impact of the hospital site.  On this basis, it is considered appropriate to waive the requirement for a Masterplan for the site in respect of the subject proposed works.

 

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 - Parking

 

(a)  Randwick Local Environmental Plan 1998 (RLEP)

 

The site is zoned 5 Special Uses under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent and is compatible with the existing use of the site as a hospital. The proposal constitutes Crown development and as such:

 

a.    The application cannot be refused, except with the written approval of the Minister, and

b.    Conditions cannot be imposed, except with the written approval of the Minister or the applicant.

 

The following Clauses of the RLEP apply to the proposal:-

 

Clause 37A        Development in Special Uses Zone

Clause 40A        Master Plans

Clause 46          Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

 

There are no specific development control plans or specific assessment criteria that relate to the Prince of Wales Hospital site. The application has been considered on its merits and will be discussed under environmental assessment.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

9.1      Statutory Controls – S79C(1)(a)

 

9.1.1   Randwick Local Environmental Plan 1998

 

Clause 37A – Development in Special Uses Zone

 

Clause 37A Development in Special Uses Zone has been considered in relation to this development. The proposed works to Prince of Wales Medical Research Institute are not considered to have an adverse impact on the character of the locality or on the amenity of nearby development either within the hospital site or to adjoining properties. The purpose of this clause has been satisfied by this proposal.

 

Clause 40A – Master Plans

 

The requirements of Clause 40A Master plans have been addressed in Section 7 of this report.

 

Clause 46 - Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

 

As noted in Section 6.2 of this report, the application has been assessed by Council’s Heritage Planner and no objections were raised.

 

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

 

The proposed development is contained entirely within the hospital site. The proposed development blends in with the general scale of development on the site and will not appear out of context with the pattern of development on the site and will not result in any adverse amenity impacts to surrounding residential properties. The design of the proposed additions is considered to be consistent with the form of the existing building. The applicant has advised that the external finishes will be similar to the existing building. Additional shadows will be minimal and will fall to adjoining hospital buildings with no impact to nearby residential dwellings.

 

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

 

The proposed development is located within the hospital site and will not have an adverse impact on any item of environmental, heritage or cultural significance and is therefore considered to be suitable development for the site.

 

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

 

As noted in Section 5 of this report, the proposal has been notified and advertised in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans. No submissions were received by Council during the notification and advertising period.

 

9.5  The public interest – S79C(1)(e)

 

The proposed development is consistent with the provisions of RLEP and will not have any significant adverse impact upon the amenity of the adjoining residential development and the heritage significant of the heritage conservation area. The proposal will permit the growth and effective continued operation of the existing medical research institute. It is therefore considered that the proposal is in the public interest.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:        Excellence in urban design.

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

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12. CONCLUSION

 

The proposed development is relatively minor and ancillary to the existing operations on the hospital campus and as such the requirement for submission of a Master Plan for the subject application should be waived.

 

The proposed development will have minimal burden on the parking capacity of surrounding streets given the area is well serviced by public transport and that the additional floor area will be utilised by current staff members and fellow hospital staff within the immediate vicinity.

 

The proposed works are contained within the hospital site with a generous setback from adjoining residential properties, there will be no significant impact to either the amenity of adjoining residential properties or the character of the streetscape .

 

The proposed development is visually compatible in bulk, scale and external appearance with the existing and adjoining buildings within the hospital campus and surrounding residential streets.

 

The application is recommended for approval subject to conditions of consent that have been agreed by the applicant.

 

RECOMMENDATION:

 

A.     THAT the requirement for the submission of a Master Plan under Clause 40A of Randwick Local Environmental Plan 1998, as amended be waived on the grounds that the proposed development is minor and ancillary to the current use of the land.

 

B.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/468/2007 for Proposed additions to Prince of Wales Medical Research Institute, comprising additional open office spaces located to the northeast & southwest corners of the building envelope, additional stairs and rooftop plant room located above the north-eastern addition at 61 High Street, Randwick subject to the following conditions:-

 

1.     The development must be implemented substantially in accordance with the plans numbered DA002/01, DA003/01, DA004/01, DA005/01 and DA006/01, dated April 2007 and received by Council on 12 June 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:

 

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

 

2.     The proposed additions to the north-eastern corner of the existing building are to be implemented in accordance with the sketch numbered SK001 Revision B, dated 13 September 2007 and received by Council on 13 September 2007, and letters prepared by Ian McGilvray dated 11 and 13 September 2007.

 

3.     The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings.  Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to the commencement of works on the site.

 

4.     In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.

 

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:

 

5.     A report or correspondence prepared by a suitably qualified and experienced person shall be obtained prior to a construction certificate being issued for the works, which demonstrates that noise and vibration from the air conditioning plant and equipment will satisfy the relevant provisions of the Protection of the Environment Operations Act 1997 and relevant regulations, guidelines and conditions of approval.  A copy of the report or correspondence is to be included in the construction certificate documentation.

 

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

 

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

 

7.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

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

 

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

 

10.    There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

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

 

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

 

13.    The applicant must provide certification of compliance with the Building Code of Australia as required by Clause 116G of the Environmental Planning & Assessment Act, 1979.

 

The applicant must also certify that the building works are substantially in accordance with the Development Consent.

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

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

 

18.    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.

 

19.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

23.    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.

 

The following condition is applied to provide adequate consideration for service authority assets:

 

24.    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 condition is applied to provide adequate provisions for drainage and associated infrastructure:

 

25.    Stormwater runoff from the site shall be discharged either to the existing stormwater system within the site.

 

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

 

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

 

Tree Management

 

27.    Approval is granted for the removal of the following trees in order to accommodate the proposed works as shown, subject to the planting of 1 x 75 litre (pot size at the time of planting) replacement tree (not a palm) in the open grassed area fronting Barker Street. The species selected shall be a native that will attain a minimum height of 6 metres at maturity:

 

a)  One Melaleuca quinquinervia (Broad Leafed Paperbark) between the existing Hospital Building and Ambulance Station, fronting Barker Street;

b)  One Grevillea robusta (Silky Oak) immediately to the north of the tree described in point a (above);

c)  The two smaller, most southern Corymbia maculata (Spotted Gums) near the northeast corner of the existing Hospital building.

 

28.    Permission is granted for the selective pruning of only those lower growing branches from the western and southern sides of the most northern Corymbia maculata (Spotted Gum) in the group of three to be retained, near the northeast corner of the existing Hospital Building, adjacent the Black Dog Institute and Kiloh Centre, which need to be specifically pruned in order to avoid damage/conflict during the course of the proposed works.

 

29.    All pruning must be undertaken by an Arborist holding a minimum of Level III in Arboriculture, and who is a registered member of a nationally recognized organisation.

 

30.    Pruning shall be performed to the requirements of Australian Standard AS 4373-1996 'Pruning of Amenity Trees’, and will not be such an amount that will substantially, and unnecessarily alter the existing habit or form of this tree.

 

Tree Protection Measures

 

31.    In order to ensure the retention of the largest, most northern Corymbia maculata (Spotted Gum) in the existing group of three trees, near the northeast corner of the existing Hospital building, adjacent the Black Dog Institute and Kiloh Centre in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation will be required to show the retention of this specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       All detailed documentation will be required to show that a setback of 5 metres will be provided between the outside edge of its trunk and the northern side of the proposed open office area.

 

c.       There shall be no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within the setback specified in point b (above), with all site services needing to be designed accordingly.

 

d.       The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 4.0 metres off the southern side of its trunk (to allow for scaffolding), as well as along the back of the kerb to the east and north of the trunk, matching up with the existing Hospital building, in order to completely enclose this tree for the duration of the works.

 

e.       Signage containing the following words “TREE PROTECTION ZONE, DO NOT ENTER", shall be clearly displayed and permanently attached to the fencing which will be installed prior to the commencement of demolition and construction works, and will need to remain in place until all works are completed.

 

f.        Any excavations associated with the northern edge of the proposed open office space, at the 5 metre setback point described in point b of this condition above, shall be initially undertaken by hand, to a minimum depth of 800mm in order to identify the size and location of roots in this area.

 

g.       Any roots encountered shall be cut cleanly by hand, by or under the supervision of, a suitably qualified Arborist, with the end of the affected roots to be treated with an industry accepted root hormone, whereupon the trench shall be backfilled as soon as practically possible with existing site soil.

 

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

 

i.        Woodchip mulch to a minimum depth of 75mm shall be provided throughout the protection area prior to commencement, and shall be maintained for the duration of works.

 

j.        Irrigation shall be administered as appropriate in order to ensure adequate levels of moisture are maintained so that any stress/disturbance to this tree is minimised during the course of the works.

 

ADVISORY MATTERS:

 

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

 

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

 

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

b)     Part D3 - Access for people with disabilities

c)     Clause D3.5 - Car parking for people with disabilities

d)     Part E1 - Fire fighting equipment

e)     Part E2 - Smoke Hazard Management

f)      Part E4 - Emergency lighting, exit signs & warning systems

g)     Part F2 - Sanitary and other facilities

h)     Part F4 - Light and ventilation

 

You are advised to ensure that the development is not inconsistent with Council's consent.

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 

 

 

 

 


Director, City Planning Report 73/2007

 

 

SUBJECT:

133 - 149 Beauchamp Road, Matraville

 

 

DATE:

14 September, 2007

FILE NO:

DA/491/2007 & PROP018554 & 026484

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for demolition of existing buildings and construction of industrial warehouse development comprising 2 strata titles buildings (containing a total of 23 units), 6 Torrens-title buildings, on-site carparking and landscaping.

 

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 13 September 2007

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

CO-ORDIANTOR - MAJOR ASSESSMENTS

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

13 September, 2007

FILE NO:

DA/491/2007 & PROP018554 & 026484

 

PROPOSAL:

 Demolition of existing buildings and construction of industrial  warehouse development comprising 2 strata titles buildings (containing a total of 23 units), 6 Torrens-title buildings, on-site carparking and landscaping.

PROPERTY:

 133-149 Beauchamp Road, Matraville

WARD:

 South Ward

APPLICANT:

 Leighton Properties Pty Limited

OWNER:

Leighton Properties Pty Limited

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The proposal is for the demolition of existing building and construction of industrial warehouse development comprising 2 strata titles buildings (containing a total of 23 units) 6 Torrens-title buildings, on-site parking and landscaping.

 

A Master Plan/Deemed DCP was adopted on 24 February 2004 for the subject site for a neighbourhood service centre containing a hardware warehouse, a range of home improvement / trade uses, automotive retail use and a McDonald’s restaurant in six separate large buildings and parking provided at grade. As part of the application, the applicant seeks to amend the adopted Master Plan/Deemed DCP to accommodate the proposed development. The proposed variations (as contained in Table 2 of Section 5.2 of the applicant’s Statement of Environmental Effects) are considered acceptable and reasonable primarily in that the variations allow for a more appropriate and permissible use in the 4A zoning of the subject site by removing the retail element of the adopted uses under the current Master Plan and replacing it with the proposed industrial/warehouse development, which would also be in keeping with existing surrounding development. Overall the amendments to the Master Plan/Deemed DCP have merit and should be adopted.

 

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

 

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

 

The subject site is separated from existing residential development to the north by Beauchamp Road and, therefore, will have minimal amenity impacts on these residences. Potential noise impacts from the operations of the proposed facility have been addressed in a noise impact statement, which has been found to be acceptable subject to conditions.

 

The recommendation is for approval subject to conditions.

 

2.         THE PROPOSAL

 

The proposal is for the demolition of an existing building on-site and construction of industrial/warehouse development comprising the following:

 

    Two buildings to be strata-titled and containing 23 units on the western portion of the subject site

 

Building

No of units

Industrial

(GFA)

Warehouse

(GFA)

Office

(GFA)

Building 1

12

809 sqm

2536 sqm

1000 sqm

Building 2

11

421 sqm

1273 sqm

215 sqm

 

The proposal will include a café use within Unit No.7 of strata-titled Building 1 to serve future workers in the proposed development.

 

 

 

 

 

    Six attached buildings to be Torrens-titled on the eastern portion of the subject site

 

 

Building

Industrial

Warehouse

Office

Building 1

277 sqm

833 sqm

440 sqm

Building 2

230 sqm

690 sqm

275 sqm

Building 3

149 sqm

446 sqm

175 sqm

Building 4

190 sqm

570 sqm

235 sqm

Building 5

167 sqm

503 sqm

180 sqm

Building 6

174 sqm

521 sqm

225 sqm

 

The proposal will have a total Gross Floor Area of 12,534 sqm.

 

On-site carparking will comprise a total of 156 carspaces inclusive of 7 disabled spaces. Each strata and Torrens-title unit will have a separate loading dock.

 

Access will be provided via a single entry/exit point on Beauchamp Road with a 6m entry and 6m exit separated by a tapered median.

 

The applicant advises that the future uses of the proposed development will likely be small scale local business requiring storage and industrial trade capacity involving wholesale distribution and sale of trade supplies.

 

3.         THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Beauchamp Road, at the south-eastern intersection of Beauchamp Road and Denison Street.

 

The subject site comprises Lot 267 and Lot 268 in DP 752015 with a total site area of 22,584. The subject site currently contains a large pre-cast concrete industrial/warehouse building on Lot 268 and fronting Beauchamp Road, and stockpile of construction material and parked construction equipment.

 

The land is irregular in shape with a frontage to Beauchamp Road of approximately 205m and is predominantly level with significant falls along the southern and western sections.

 

The locality predominantly is characterised by industrial uses with a residential interface on the northern side of Beauchamp Road. The site is bounded to the north by Beauchamp Road with dwelling houses within the Botany Bay LGA on the opposite side of this road; to the east by existing industrial development comprising mainly two-level factory units; to the south by existing industrial development; and to the west by Denison Road.

 

4.         SITE HISTORY

 

4.1      Application History

 

The subject site was formerly owned by Grocon Pty. Limited and is the subject of a  Master Plan/Deemed DCP adopted on 24 February 2004 for a neighbourhood service centre containing a hardware warehouse, a range of home improvement / trade uses, automotive retail use and a McDonalds restaurant in six separate large buildings and parking provided at grade. No subsequent DA was lodged for the adopted Master Plan/Deemed DCP with the site being sold to the current owners, Leighton Properties Pty Limited.

 

Council is currently in receipt of a Development Application (DA No. 490/2007) for the subdivision of the existing 2 lots into 7 lots, with 6 lots being Torrens Title (consistent with the subject proposal currently before Council in this DA).

 

4.2      History of site usage

 

The subject site has been used for industrial purposes since the 1950s. Recent development approvals granted for the site include the following:

 

·                DA/13/1977 for erection of 3 storage tanks - Approved on 7/4/1977

 

·                DA/588/1995 for construction of a new warehouse building - Approved  on 23/2/1996 for Grocon Pty Ltd

 

·                DA/785/2001 for external storage of builders equipment and materials, and construction of stormwater drainage system - Approved –on 24/1/2002 for Grocon Constructions Pty Ltd

 

5.         COMMUNITY CONSULTATION:

 

The proposal was notified and advertised as an Integrated Development Application for a period of 30 days from 4 July 2007 to 3 August 2007. One submission as follows:

 

P. Shepherd, Director Technical & Regulatory Services, Botany Bay City Council, 141 Coward Street, Mascot NSW 2020

 

Botany Bay City Council advises as follows: “Council has considered the impact the development may have on its local government area and has determined that from the information provided it will have minimal impact”

 

6.         TECHNICAL OFFICERS’ COMMENTS

 

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

 

6.1    Development Engineering Comments

 

Council’s Development Engineer advises that no objections in relation to matters are raised subject to conditions should approval be granted.

 

 

6.2    Environmental Health Comments

 

 

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

 

“Introduction

The proposal includes the development of a new industrial estate (warehouse development with associated parking, stormwater drainage and landscaping) and the demolition of an existing structure on the site.

 

 

Background

Additional information was requested on 8 August 2007 pertaining to the contamination of the site and previous investigations undertaken. This information was received on 28th August 2007.

 

Key Issues

 

Land Contamination

The Department of Environment, Conservation and Climate Change (DECC, formerly known as NSW EPA) has previously identified the subject site as a Significant Risk of Harm (SRoH). Subsequently, DECC issued a “Voluntary Remediation Agreement” (VRA) to the owners of the site (Notice number 26092 dated 8 November 2006). The main requirement of this VRA was for the groundwater to be monitored and investigated. On 12 January 2007 DECC advised they were satisfied that the VRA had been complied with and that the terms of the proposal which was the subject of the agreement has been carried out. The monitoring works are still required and the enforceability of the groundwater monitoring program will now continue via a ‘maintenance of remediation notice’ issued by DECC under section 28 of the CLM Act. This notice requires the site owner to complete three years of biannual groundwater monitoring as required by the Non Statutory Site Audit Statement 121 issued by Dr Ian Swane on 7th November 2006.

 

The appointed site auditor has provided an ‘interim advice’ for the subject site dated 21 August 2007 regarding the environmental assessments and reports submitted supporting this development application. In summary, the site auditor’s comments include:

 

·                Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) are intended to be prepared following the finalisation of the soil vapour assessment and the environmental management plan (EMP)

·                Copies of the draft SAS and EMP shall be provided to the developers and Council for comment and agreement prior to finalisation

·                No development shall occur at the property until the statutory SAS has been issued

 

Appropriate conditions to be imposed requiring contamination (in particular groundwater monitoring and the EMP) are adequately addressed.

 

 

Acoustics

An acoustic report titled “133-149 Beauchamp Road, Matraville, Assessment of Industrial Noise Impact” has been prepared by Acoustic Logic Consultancy and has been submitted as part of this development application. The recommendations will be incorporated as part of the consent conditions and appropriately worded conditions will be outlined below.

 

 

Future Uses

The development assessment officer is requested to include a condition requiring the relevant approval to be sought prior to the fit out/use and operation of each individual unit.

 

Food Safety

The architectural plans indicate a food premises/café will be provided. Relevant conditions shall be imposed requiring the relevant legislative requirements to be observed.

 

 

 

RECOMMENDATION

Should the application be approved, the following conditions are recommended to be included in any approval for the subject application:”

 

6.3 Building Comments

 

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

 

“The Proposal

 

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new industrial complex.

 

BCA Building Classification

 

Class   -        7/8     (Factory/warehouse)

 

Background

 

The existing building on site is a post war warehouse and will be demolished.

 

Key Issues

 

Building Code of Australia (BCA):

 

Full details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information would need to be incorporated in the documentation for a construction certificate.

 

Site Management:

 

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

 

Access for people with a disability:

 

The proposal appears to demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

The applicant or other person having the benefit of the consent will also be advised to fulfil their obligations under the DDA.”

 

RECOMMENDATION:

 

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

 

Civil Works / Traffic Comments

 

Conditions relating to design and construction of civil works in Beauchamp Road have been included within this report.

 

The subject application was referred to the SRDAC for traffic comments and a response was received dated 20/8/07. The SRDAC raised no objections to the proposal and the recommended conditions have been covered in this report.

 

The development proposes both right turn and left turn entry movements into the development site. The applicant’s traffic consultant has proposed a small section of timed no standing, (should be no stopping or no parking), on the section of Beauchamp Road opposite the entry driveway. This no stopping area would allow vehicles to manoeuvre around vehicles waiting to turn right into the site. The subject section of Beauchamp Road requiring the no stopping restriction is in the City of Botany Bay LGA. Randwick City Council forwarded a copy of the development application to Botany for comment and in a response dated 26/7/07 Botany Council raised no objections to the proposal and stated that they would be making no more submissions. Botany Council does not appear to have referred the proposed No Stopping section to their traffic committee. Randwick City Council, therefore, cannot condition the applicant to install the No Stopping area until such time as Botany Council’s traffic committee considers the request. General conditions have been included covering the possibility of a No Stopping area being installed. The No Stopping are would be beneficial to traffic flows within Beauchamp Road however the right turn movements are still acceptable even if no approval for the No Stopping are is granted.

 

The parking provision, layout of the parking area and vehicular circulation paths are considered satisfactory.

 

Drainage Comments

The subject site is burdened by a Sydney Water controlled stormwater channel and the application was referred to Sydney Water for comment. Sydney Water’s recommendations have been included within this report.

 

The stormwater strategy submitted with the amended stormwater details is generally acceptable to Council. Note: onsite detention requirements and discharge into the stormwater channel within the development site is controlled by Sydney Water.

 

The applicant relies on a flood study undertaken by Bewsher for Grocon Pty Ltd. Council has been forwarded a letter from Grocon authorizing the applicant for this site to use and rely on the findings of the Bewsher study.

 

Standard conditions relating to protection of openings / habitable floor levels have been included within this report. A swale positioned along the Beauchamp Road frontage will convey a significant portion of any overland flow into the site from Beauchamp Road and direct it to the Sydney Water channel. A portion of the overland flow from Beauchamp Road into the development site during major storm events will be discharged into the Sydney Water channel via the internal access road.

 

Landscape Comments

Standard landscape conditions have been included in this report.

 

Should the application be approved the following conditions shall apply.

 

6.4      Department of Water and Energy

 

The proposal involves works to an existing water course (Water Management Act 2000), requiring a Permit under Part 3A of the Rivers and Foreshores Improvement Act 1948 (RFI Act) and has been referred to the Department of Water and Energy as Integrated Development. The Department’s General Terms of Approval were issued in a letter dated 9 August 2007 and applied as condition of consent should approval be granted. 

 

6.5      Sydney Regional Development Advisory Committee

 

The proposal was referred to the Sydney Regional Development Advisory Committee (SRDAC) in relation to traffic, and the Committee’s comments and recommendations (received in a letter dated 20 August 2007) will be applied as conditions of consent.

 

6.6      Sydney Water

 

The proposal was referred to Sydney Water in relation to drainage and stormwater. Sydney Water’s comments and recommendations (received in a letter dated 17 July 2007) will be applied as conditions of consent.

 

7.         MASTER PLANNING REQUIREMENTS

 

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

 

A master plan/Deemed DCP for the subject site was adopted on 24 February 2004 for a neighbourhood service centre containing a hardware warehouse, a range of home improvement / trade uses, automotive retail use and a McDonald’s restaurant in six separate large buildings and at-grade carparking. The applicant seeks to vary the Master Plan to accommodate the proposed development. The variations to the Master Plan/Deemed DCP are addressed in Section 10.1.2 below.

 

8.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1      Randwick Local Environmental Plan 1998

 

The site is zoned Industrial 4A under Randwick Local Environmental Plan 1998 and the proposed activity, comprising primarily an industrial/warehouse development with associated office space and café, is permissible with Council’s consent.

 

The following relevant numerical control applies to the proposal:

 

Clause No.

Requirement

Provided

Compliance

32 – FSR

1:1

0.55:1

Yes

 

In addition, the following clauses are relevant to the proposal (and are addressed in detail in Section 10.1.2 below):

 

Clause 36      Additional development in industrial zones

Clause 40        Excavation and filling of land

Clause 40A     Master plans

Clause 42B     Contaminated land

 

8.2    Relevant State Environmental Planning Policies

 

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

       

·         State Environmental Planning Policy No. 55 – Remediation of Land.

 

The application of this SEPP is addressed in Section 10.1.3 below.

 

9.         POLICY CONTROLS

 

The following Council policy controls apply to the proposed development and are addressed in Section 10.2 below:

 

  DCP – Parking

  DCP – Outdoor Advertising

 

10. ENVIRONMENTAL ASSESSMENT

 

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

 

10.1  Statutory Controls – S79C (1) (a)

 

10.1.1        Section 91 EP&A Act (Integrated Development)

 

The proposal is integrated development being development within 40 m of a watercourse (Water Management Act 2000). Accordingly, the application was referred to the Department of Water and Energy and General Terms of Approval from the Department were received in a letter to Council dated 9 August  2007 and will be applied as a condition of consent should approval be granted.

 

10.1.2 Randwick Local Environmental Plan 1998

 

The proposed activity, comprising primarily an industrial/warehouse development with associated office space and café use, is permissible in the Industrial 4A zone under the Randwick Local Environmental Plan 1998 with Council's consent.

 

The subject site is zoned Industrial 4A. Clause 15 of the Randwick LEP 1998 details the uses that are prohibited in this zone and includes “business premises”.

 

Clause 36(1) states that Council may grant consent for business premises within zone No. 4A (or 4B) where, (a) such development is appropriate for an industrial zone and land for the proposed development is not available within existing business centres in the locality or (b) the proposed development serves the daily needs of the workforce of the industrial area. The proposal is primarily for the erection of industrial/warehouses units with associated office component. Any future proposal for business premises as defined in Clause 36(1) will be subject to future development applications for the specific individual uses within each unit. It should be further noted that the current adopted Master Plan/Deemed DCP for the subject site allows for the “large format hardware warehousing, trade supplies, home improvement, showrooms and warehouses” as business premises on the basis that these uses satisfy the specific requirements of Clause 36(1)(a). Council has introduced administrative amendments to the Randwick LEP 1998, including amongst other things, deletion of the provisions of Clause 36.

 

Clause 36(2) states that Council may grant consent for development for the purposes of a panel beating workshop premises within zone No. 4A but only if (a) the land in question does not adjoin land within a residential zone and (b) Council is satisfied that appropriate arrangements are made for the storage of cars undergoing repair/collection. The proposal is primarily for the erection of industrial/warehouses units with associated office component and no panel beating workshop premises are proposed in the application. Notwithstanding this, a condition will be applied prohibiting panel beating workshop premises in the proposed development.

 

Clause 36(3) states that Council must not grant consent for development for the purposes of a container depot or transport depot within zone No. 4A. The proposal is primarily for the erection of industrial/warehouses units with associated office component and not for the purposes of a container depot or transport depot. A condition will be applied prohibiting development for the purposes of a container depot or transport depot in the proposed development.

 

Clause 36(4) requires proposed developments within zones No. 4A (and 4B) to consider the Port Botany Landuse Safety Study 1996 prepared by DUAP. The proposal is primarily for the erection of warehouses and container storage areas and does not involve the production and/or handling of hazardous and/or offensive products. As such the proposal will have minimal, if no, impact on existing cumulative risk levels as defined in the Port Botany Landuse Safety Study 1996. Conditions will be applied (a) prohibiting the storage of potentially hazardous materials and potentially offensive materials in the proposed development and (b) requiring development consent to be obtained in relation to the specific ‘use and operation’ of industrial/warehousing tenancies or occupancies which will further control future uses in this regard.

 

Clause 40           Excavation and filling of land

 

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

 

Clause 40A                Master plans

 

A Master Plan/Deemed DCP for the subject site was adopted on 24 February 2004 providing for a neighbourhood service centre containing a hardware warehouse, a range of home improvement / trade uses, automotive retail use and restaurant in six separate large buildings and parking provided at grade. The applicant seeks to vary the Master Plan to accommodate the proposed development. These variations are contained in Table 2 of Section 5.2 of the applicant’s Statement of Environmental Effects and reproduced as follows:

 

Table 2 : Variation to the Master plan (Section 5.2 of the Statement of Environmental Effects  prepared by Urbis JHD)

 

Approved Component

Proposed Variation

Justification

Use

 

 

A neighbourhood service centre, encompassing Large format hardware warehousing, trade supplies, home improvement, showrooms and warehouses, automotive retail use, and a restaurant.

The proposal generally includes development for industrial warehousing and distribution. Some industrial units will have a trade only supply function. A café is proposed to service the immediate development.

The proposed use is more appropriate than the current approved master plan, taking into account the objectives of the zone. The objectives state that retail and commercial development should only be permitted where their use is ancillary to industrial or warehousing development.

Where the development approved in the master plan was predominantly retail, the proposed development comprises industrial /warehousing development.

In addition, as opposed to the McDonalds restaurant that was approved as part of the master plan, the proposed café is intended to service the development itself and not a water catchment, and is therefore a more appropriate use for the site.

Built Form

 

 

1.   Density

 

 

The approved Master plan involved the construction of 6 separate buildings, predominantly around the outside of the site. The larger building was proposed to be built to the eastern boundary of the site. Parking was proposed within the centre of the site.

The Master plan approved an overall GFA of 9,205m2, with a resulting FSR of 0.40:1.

 

The proposal involves the construction of two buildings in the western portion of the site, one on the southern boundary similar to the former proposal, and one in the centre of the site.

The eastern portion of the site will comprise buildings along the southern and eastern boundaries, built to the boundary.

The proposed development has a GFA of 12,485m2, and a resulting FSR of 0.55:1.

 

The proposal seeks to increase the GFA and resulting FSR from what was approved.

It is considered that the proposal will result in a more efficient use of the site, still well below the permitted FSR, being 1:1.

The proposed development will have less car parking and by nature will be a significantly less intense activity than the approved Master plan uses.

As with the approved master plan, the proposal constitutes a low scale development, in keeping with surrounding similar uses.

2.    Scale

 

 

The maximum height of the proposed buildings is 10 metres.

Generally, the buildings are massed around the edges of the site.

The largest building is located along the site’s eastern boundary, with separate buildings located on the southern, western, and part of the northern boundary.

The maximum height of the proposed buildings is 10 metres.

The proposal involves a similar configuration along the site’s eastern and southern boundaries.

Part of the buildings has been reconfigured to include a central building within the site’s strata subdivision.

The scale of the proposal compliments the approved master plan. There are some differences in the configuration of buildings, however the height and general scale remain the same.

As demonstrated within the elevations, the buildings maintain articulation in building form, variation in roof form, façade treatments, and complimentary selection of materials and external finishes.

Where possible, buildings are orientated to the street, particularly the centrally located building within the strata subdivision, reinforcing the site’s frontage to Beauchamp Road.

3.  Setbacks

 

 

Setbacks include a continuous 6 metre wide buffer along the site’s street frontages to Beauchamp Road, and a 3 metre buffer to Denison Street.

The 6 metre setback along Beauchamp Road is maintained.

The setback along the Denison Street frontage is varied in comparison to the approved master plan in order to facilitate the slightly altered built form.

The setback along Beauchamp Road is and somewhat embellished through the location of part of the car park along this boundary.

Although the continuous 3 metre setback along Denison Street is not maintained, this reflects the fact that access along this frontage is no longer sought, and therefore Denison Street is no longer considered a road.

In addition, the approved master plan included a continuous wall along the 3 metre alignment, whereas the proposal involves the building being set back further and the creation of smaller modulated walls.

The buffering proposed as part of the development is suitable to the nature of the uses proposed, and their surroundings, and will achieve perimeter planting to soften the western edge of the development.

Ultimately, the width of the Denison Street buffer (with a total area similar to that originally proposed) will enable a variety of trees to soften this edge of the site.

Aesthetic Character

 

 

The following design principles were adopted in the design of the approved master plan:

  Undertake site remediation works;

  Enhance the physical environment by removing unsightly structures to improve residential amenity;

  Provide an integrated neighbourhood centre combining complimentary uses at a convenient location;

  “U”-shaped building layout to allow physical and visual linkages.;

  Landscape buffering along street alignment to improve public domain;

  Construction of Denison Street extension to avoid traffic conflicts between service vehicles and consumers cars.

The majority of the design principles have been adopted and maintained as part of the proposed development.

Generally, the proposal seeks to remove the existing structure on the site, and will provide a vast improvement to the amenity of the residential area.

The proposal seeks to provide a development in keeping with surrounding light industrial development.

The buffer along Beauchamp Road will effectively be extended by incorporating car parking along this frontage.

The proposed café will be located close to the site’s access to Beauchamp Road.

The proposed buildings will be oriented to the street.

The proposal includes a mature strong landscape presence to the street and also introduces landscaped “fingers” within the estate and buffering the channel.

Although the appearance of the site from Beauchamp Road will be varied from the approved Master plan, it is still considered an acceptable proposal from a visual point of view, and a vast improvement on the existing development.

The proposed formation of buildings is considered appropriate to the site and its use. The buildings will be articulated and provide visual interest from Beauchamp Road.

The removal of the access point from Denison Street is discussed below.

The location of the proposed café remains in a convenient location, close to the access to the site from Beauchamp Road.

 

Access

 

 

Access to the site was proposed to be provided from two points:

  Customer vehicles from 1 access point off Beauchamp Road;

  Service vehicles from one access point of Denison Street.

The proposal will include a combined driveway from Beauchamp Road, with separate entry and exit points.

The access from Denison Street is not required for the revised proposal, given that predicted traffic levels generated will remain well below the traffic that would have been generated by the previous scheme.

Stormwater Design

 

 

The stormwater and drainage system was designed in accordance with the requirements of Sydney Water.

Of note, the drainage easement was to be predominantly covered, except for the portion closest to Beauchamp Road.

The key difference in the stormwater design as part of this development application is the opening in the drainage channel being shifted back.

 

The movement of the opening of the drainage channel has allowed it to double in size.

This is a more acceptable solution from a public safety perspective.

A significant landscaped buffer is proposed to surround the open channel. This will add a green component to the site.

 

The amendments to the Master Plan as listed in Table 2 have been assessed and the following comments are made:

 

Use :  The proposed  industrial/warehouse development with associated office space and café use is permissible in the Industrial 4A zone under the Randwick Local Environmental Plan 1998 with Council's consent. In comparison,  the uses adopted under the Master Plan/Deemed DCP was primarily retail including hardware store, trade supplies, automotive goods and McDonald’s drive-through restaurant. The proposed amended uses would be more in keeping with the objectives of the Industrial 4A zone and consistent with the existing industrial development in the locality.

 

It should be further noted that the adopted Master Plan/Deemed DCP for the subject site allows for the “large format hardware warehousing, trade supplies, home improvement, showrooms and warehouses” as business premises on the basis that these uses satisfy the specific requirements of Clause 36(1)(a). Council has introduced administrative amendments to the Randwick LEP 1998, including amongst other things, deletion of the provisions of Clause 36.

 

The proposed amendment to Master Plan/Deemed DCP in terms of use is considered reasonable and acceptable.

 

Built formThe amended proposal is for two strata titled buildings containing a total of 23 units and six attached Torrens-titled buildings for industrial/warehouse use with a maximum FSR of 0.55:1 which complies with the maximum 1:1 FSR control in the 4A zone. Whilst the adopted Master Plan/Deemed DCP proposal has a lesser maximum FSR of 0.4:1, it proposed 6 large format retail buildings including a McDonalds Restaurant that will generate more intense and active use of the subject site. The amended proposal will maintain the same maximum 10m height approved under the Master Plan/Deemed DCP. Additionally, the amended proposal maintains the setbacks contained in the Master Plan/Deemed DCP with the exception of the required 3m setback to Denison Street which will vary between a minimum 2m and maximum 16m. The variation in the setback to Denison Street is considered acceptable because the encroachment of the required setback occurs for a length of 20m (compared to the total 90m Denison Street frontage of the subject site, that is, 21 per cent) and will be appropriately landscaped to soften any impact of visual bulk and scale. Furthermore, there are no residential uses on Denison Street adjacent to the subject site that would be affected by visual bulk and scale. For the remainder of the Denison Street frontage, the proposal will have a setback well in excess of the required 3m setback. Accordingly, the proposed amendment to the adopted Master Plan/Deemed DCP in terms of density, scale and setback is considered reasonable and acceptable.

 

Aesthetic character :  The amended proposal will maintain/preserve the design principles adopted in the Master Plan/Deemed DCP (section 6.1, page 24), essentially in terms of the following:

 

·         Enhancement of the physical environment by removal of unsightly building materials and equipment on site and remediation of the subject land

·         Introduction of complementary and compatible uses for the subject site

·         Providing an attractive and safe design including “U”-shaped building layout to allow physical and visual linkages; separation of car and truck movements; and appropriate landscape setting

 

Accordingly, the proposed amendment to the adopted Master Plan/Deemed DCP in terms of design and aesthetic character is considered reasonable and acceptable.

 

Access : The adopted Master Plan/Deemed DCP requires that development of the subject site should ensure that:

 

·       carparking is provided in accordance with Council’s DCP – Parking and designed in accordance with AS2890.1-1993 and AS 2890.2-1989

·       Access and traffic impacts are subject to appropriate assessment at DA stage and RTA be consulted regarding any impacts on the signalised intersection of Beauchamp Road and Denison Street

 

The amended proposal will maintain these requirements (as assessed in relevant sections below). The Master plan/Deemed DCP provided for 2 access points to the neighbourhood centre development, namely, a customer vehicle access point off Beauchamp Road and a service vehicles access point of Denison Street. The amended proposal provides for a single access point for all vehicles on Beauchamp Road with separate entry/exit driveways. This variation from the Master Plan is considered acceptable as it maintains adequate access to the subject site commensurate with the traffic and circulation needs of the proposed industrial/warehouse development (see traffic assessment in Section 10.4.2.4 below). Additionally, the proposal has been referred to the Sydney Regional Development Advisory Committee (SRDAC) and no objections are raised subject to conditions of consent.

 

Accordingly, the proposed amendment to the adopted Master Plan/Deemed DCP in terms of access, carparking and traffic is considered reasonable and acceptable.

 

Water and Drainage : The Master Plan/Deemed DCP contains a range of criteria to be addressed in the design of the stormwater and drainage system for the development subject of the Master Plan. The amended proposal will maintain these criteria including the requirement for:

 

·         the stormwater and drainage system to be designed in accordance with the requirements of Sydney Water.

·         detailed drainage design, supported by catchment area plan and drainage calculations, to be developed in consultation with Council’s development engineering section

·         design and engineering details at DA stage to demonstrate how flows are to be directed to any new culvert and the culvert to contain all flows up to the 100 in 1 year storm event

·         consideration to be given to the probable maximal flood (PMF) event as defined in the floodplan Management Manual.

 

Accordingly, the proposed amendment to the adopted Master Plan/Deemed DCP in terms of water and drainage is considered reasonable and acceptable.

 

In summary, the variations proposed under the amendments to the Master Plan, as discussed above, are considered acceptable and allow for the amended Master Plan to provide for a more appropriate and permissible use in the 4A zoning of the subject site (namely the proposed industrial/warehouse development) that would be in keeping with surrounding development. Overall the amended proposal has merit and should be adopted.

 

Clause 42B        Contaminated land

 

Clause 42B requires that Council not grant consent to the development of contaminated land within any zone unless, among other things, the contaminated land, after being remediated, is suitable for the intended use. Conditions will be applied requiring a Site Audit Statement and Site Audit Report to be submitted confirming that the land has been remediated and the site is suitable for the intended development and use. Accordingly, subject to conditions of consent, the site ultimately will be suitable for the proposed industrial and warehouse use.

 

10.1.3                 Relevant State Environmental Planning Policies

 

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

 

State Environmental Planning Policy No. 55 – Remediation of Land.

 

This SEPP provides a state wide practice for the remediation of contaminated land. The applicant has provided a preliminary site contamination reports prepared by Douglas Partners. The appointed site auditor has provided an ‘interim advice’ for the subject site dated 21 August 2007 regarding the environmental assessments and reports submitted supporting the development application. In view of this, Council’s Environmental Health Officer advises that conditions will be applied requiring, amongst other things, a Site Audit Statement and Site Audit Report to be submitted confirming that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

10.2    Policy Controls

 

10.2.1     Development Control Plan - Parking

 

The DCP – Parking requires carparking to be provided for the proposal as follows:

 

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

Industrial

1 space per 80 mGFA

2,417 m2

30.2 spaces

 

Warehouse

1 space per 300 m2 GFA

7,372 m2

24.5 spaces

 

 

156 carspaces

Office

1 space per 40m2 GFA

2,745 m2

68.6 spaces

Café

1 space per 40m2 for the first 80m2 then 1 space per 20m2 thereafter

 320m2

14 spaces

TOTAL

 

 

137 spaces

156 spaces

 

The proposal will comply with the DCP - Carparking requirement, having an excess of 19 car parking spaces.

 

10.2.2 Development Control Plan – Outdoor Advertising

 

Council’s DCP–Outdoor Advertising has as objectives the reduction in visual complexity of the streetscape by providing fewer, more effective signs and improving the visual quality of the public domain.  While the proposal does not provide for any specific (business) identification sign, it includes external “signage zones” (that is, external wall space for future individual business signs). An assessment of the proposed “signage zones” indicates that it will not comply with the DCP controls for industrial zones as : 

 

·        The proposed signage zones are excessive and will result in future signage visually dominating all areas of building walls and parapet facing the street.

 

·        The proposed signage zones will result in future outdoor signs that will not complement the overall development as they have not been design as integral parts of any architectural or landscape features.

 

·        The proposed signage zones will result in a clutter of signs for multiple industrial occupants with no coherent and uniform system of sizes, shape and general presentation.

 

·        There is no firm indication in the Statement of Environmental Effects that the proposed signage zones will relate to the use of each building/unit on which it is situated other than a broad statement  that signage will be design in accordance with the DCP.

 

In view of the above, a condition will be applied requiring the deletion of all signage zones on external walls and amended plans to be resubmitted indicating a reduced number of signage zones of uniform size and orderly distribution. Details of signage for future tenancies/occupiers will be subject to future DAs for the specific use of individual industrial/warehousing units.

 

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

 

10.4.1        Natural Environmental Impacts

 

The applicant has provided advice from environmental consultants, Eco Logical Australia, advising that, as part of the preparation of the Vegetation Management Plan for the subject proposal:

 

“…the site was found to be dominated by weeds and provides little habitat for native species. It was highly unlikely to provide habitat for species listed on the NSW Threatened Species Conservation Act 1995 or the Commonwealth Environmental Protection and Biodiversity Conservation Act 1999… As there is no habitat for threatened species we do not consider it necessary to undertake further impact assessment as per Part 5A of the Environmental Planning and Assessment Act 1979. ”

 

The applicant’s advice is supported having regard to the fact that the subject site has a history of industrial use dating back to the 1950s with the site variously used for warehousing and external storage of builders equipment, construction material and stormwater drainage system. Physically, the subject site is significantly affected by industrial/warehousing use with construction material and machinery currently stored on extensive parts of the site.

 

Accordingly, the proposal will be acceptable in terms of natural environmental impacts which will be minimal, if not, nonexistent.

 

10.4.2        Built Environmental Impacts

 

10.4.2.1    Urban Design

 

The proposed warehouses will be constructed of steel frame structure and precast reinforced concrete panels with combination of colour bond-cladding and selected textured paint finish, aluminium framed powder coated glazed windows,  and steel roof structure and roof-sheeting.

 

The submission elevations indicate that the proposed building will have appropriate articulation and modulation to address the Beauchamp Road frontage containing various appropriate textures and stepped building lines on the external façade to provide interest and reduce any reflectivity.

 

The proposed warehouse building will have a maximum height of approximately 10m to the roof ridge which will be located centrally within the building envelope/footprint on low sloping roofs behind parapet walls so that the visual bulk and scale will be imperceptible and minimally intrusive from the street level and the adjoining residential properties to the north. Furthermore, the design will be compatible with the existing industrial streetscape on the southern side of Beauchamp Road.

 

10.4.2.2         Landscaping/Open Space

 

A landscape concept plan has been submitted for the proposal which provides for the following landscaping:

 

·                Buffer planting along Beauchamp Road to screen the industrial/warehouse building facing this road. This buffer will include vegetated bio-swales and batter along the drainage channel with low grass and groundcover and medium-tall native trees.

·                Accent planting to accentuate entry and exit point

·                Lawn, shrubs, ground-covers and mulching in planter beds within the carpark and along the section of the open drainage channel in the centre of the subject development.

 

The overall landscaping treatment is considered satisfactory to both screen and soften the proposed development and is consistent with the adopted Master Plan/Deemed DCP.

 

10.4.2.3    Impact on adjoining development

 

The proposed development adjoins existing industrial areas on the eastern, southern and western sides. Existing residential development is located approximately 13m away on the opposite side of Beauchamp Road. At this distance, the proposed warehouse and container storage facility will have no impact in terms solar access, privacy and views on these residential properties.

 

Potential noise impacts arising from the proposed use have been addressed in a Noise Impact Assessment submitted with the application. Council’s Environmental Health Officer has found the acoustic assessment acceptable subject to suitable conditions should approval be granted.

 

The overall bulk, scale and visual appearance of the proposed development are considered satisfactory in the context of the existing site and surrounding industrial uses (see Section 10.4.2.1 above).

 

10.4.2.4    Traffic and access

 

The proposal includes the provision of a new access/egress driveway on Beauchamp Road. The applicant’s Traffic Report advises that access/egress point will be located at 95m east of the intersection of Beauchamp Road and Denison Street and approximately 92m west of the bend in Beauchamp Road to the east of the site. The applicant’s traffic consultant advises that this location provides adequate sight distance in both directions for vehicles entering and exiting the site.

 

The proposal will also include unsignalised right-turn movements into the subject site from Beauchamp Road. The SRDAC has raised no objections to this access arrangement subject to appropriate conditions. 

 

The applicant’s traffic report indicates that the proposal is expected to generate approximately about 115 additional vehicle trips per hour above the existing use of the site during peak periods. The applicant’s traffic consultant states that this level of traffic generation compares with a predicted traffic generation for the adopted Master Plan/Deemed DCP proposal of 360 vehicles/hour on a Thursday afternoon and 540 vehicles/hour on a Saturday morning so that the subject proposal represents a significantly improved outcome in traffic planning terms.  The Traffic Report contains an intersection performance analysis which indicates that the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the nearby intersections and the adjacent classified road network. No capacity problems would be created on the surrounding road network by such an increase.

 

10.4.2.5    Ecologically Sustainable Development

 

The proposal will make efficient use of industrial land within the subject site by centralising and co-locating identical industrial/warehousing uses to those already operating in the wider industrial area of Matraville. This will allow for shared services for the future tenants which, overall, assist in reducing scale inefficiencies in terms of transportation thus contributing towards ecological sustainability.

 

The proposal has been designed with a northerly aspect to ensure that maximum light penetration can be achieved into office and warehouse/industrial areas. Appropriate natural ventilation systems have also been incorporated into the design of the industrial/warehouse units to reduce energy consumption.

 

10.4.2.6    Site Remediation

 

Conditions are to be applied to achieve a remedial strategy for the subject site to ensure that it is suitable for the intended use pursuant to SEPP 55 as discussed in Section 10.1.3 above.

 

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

 

The proposal will have a positive social and economic impact primarily as a consequence of the increased employment opportunities that will be available from the construction and operation stages of the proposed development and from the overall development of infrastructure in the subject site.

 

Additionally, the applicant advises in the SEE that the proposal will:

 

·                     Provide opportunities for local business through expanded economic linkages in the local business area

·                     Remove current unsightly appearance of the site

·                     Provide more informal surveillance of the adjoining public domain

 

 

The social and economic impacts of the proposal in the site and locality are considered reasonable and have merit.

 

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

 

The subject site is located within the existing industrial area of Matraville and is zoned for industrial use 4A. The subject site is also identified in a Master Plan/Deemed DCP adopted by Council on 24 February 2004 for industrial/commercial use. In doing so, Council considered the suitability of a range of proposed landuses and their location within the subject site, the proposed industrial/warehouse use being a most appropriate use in this regard.

 

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

 

The proposal has been notified and advertised for a period of 30 days between 4 July  2007 and 3 August 2007 in accordance with the DCP – Public Notification of Development Proposals and Council Plans. One submission was received from Botany Bay City Council raising no objections to the DA (see Section 5 above).

 

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

 

The proposed development is consistent with the adopted Master Plan/Deemed DCP subject to amendment and will provide a more appropriate development than that originally adopted in the Master Plan in that it would be a permissible use under the 4A zoning and will remove the more intensive retail element envisaged under the original Master Plan. The proposal will provide increased employment opportunities both locally and in the wider Sydney Region. As a consequence, the proposal will have a positive social and economic benefit and is considered to be in the wider public interest.

 

11        RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 8 : A Strong Local Economy – The proposal promotes a vibrant industrial sector (specifically the port-related warehousing and container handling sector) to provide ongoing and diverse economic and employment opportunities.

 

Direction 8a & associated key action : Industrial land within our City supports a range of industries and employment opportunities –The proposal will augment the economic base of the port and specifically in the warehousing and industrial sector which will in turn support local businesses and employment.

 

12.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11.      CONCLUSION

 

The proposal is permissible in the Industrial 4A zone with Council’s consent and complies with the relevant statutory controls in the Randwick LEP 1998.

 

The proposal is consistent with the adopted Master Plan/Deemed DCP for the subject site subject to amendments to the Master Plan that will ultimately result in a

 

permissible and appropriate development of the subject site with minimal impact on the amenity of the locality.

 

Adequate carparking will be provided in compliance with the DCP – Parking.

 

The subject site is located at a sufficient distance from residential properties to the north such that the proposal will have minimal adverse amenity impacts on residential properties. Potential noise impacts will be controlled through appropriate conditions of consent. 

 

The application is recommended for approval.

 

RECOMMENDATION:

 

A.       THAT Council adopt the amendments to the Deemed DCP applicable to the site to provide for an industrial warehouse development comprising 2 strata titles buildings (containing a total of 23 units) 6 Torrens-title buildings, on-site parking and landscaping at 133-149 Beauchamp Road, Matraville, and a new DCP be submitted to Council incorporating the variations detailed in Table 2 of Section 5.2 of the applicant’s Statement of Environmental Effects, pursuant to Section 74 of the Environmental Planning and Assessment Act 1979.

 

B.       THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/491/2007 for demolition of existing building & construction of industrial warehouse development comprising 2 strata titles buildings (containing a total of 23 units) 6 Torrens-title buildings, on-site parking and landscaping at 133-149 Beauchamp Road, Matraville, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans A10, A11, A12, A13 and DEM01, all Revision A and all dated 13 June 2007, stamped received by Council on 18 June 2007; and A20 and A21, all Revision B and dated 13 September 2007 and stamped received by Council on 13 September 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:

 

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

 

2.       The external colours, materials and finishes of the proposed development (with the exception of the proposed glazed acoustic screen structure) shall be in accordance with the sample board details and elevations prepared by Thiessen Architects, submitted to and received by Council on 9 August 2007.

 

3.       Details of bicycle parking/storage indicating compliance with the Development Control Plan – Parking 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 a Construction Certificate being issued for the development.

 

4.       Details of carparking distribution for tenants/occupiers of industrial/warehouse units and visitors 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 a Construction Certificate being issued for the development.

 

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

 

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

 

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

 

8.       Details of the proposed colour of the roof are to be submitted to and approved by the Director of City Planning, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a Construction Certificate being issued for the development.

 

9.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area. Details of the proposed outdoor lighting designed to comply with AS4282 – 1997 Control of Obtrusive Effects of Outdoor Lighting and any other relevant standard are to be prepared by a qualified lighting specialist/consultant and are to be submitted to and approved by the Director of City Planning, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to a Construction Certificate being issued for the development.

 

10.     The development shall not be used for the purposes of a container depot or transport depot. A copy of this determination shall be included in any future sale or lease documentation so as to ensure future owners and occupiers are advised and aware of this relevant requirement.

 

11.     The storage of potentially hazardous materials and potentially offensive materials is prohibited without prior consent from Council and/or any other relevant authority should approval be granted for the application. A copy of this determination shall be included in any future sale or lease documentation so as to ensure future owners and occupiers are advised and aware of this relevant requirement.

 

12.     All signage zones on external walls shall be deleted and amended plans indicating a reduced number of signage zones of uniform size and orderly distribution shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

13.     The consent of Council must be obtained prior to the erection of any advertising unless exempted under Council’s Development Control Plan - Exempt and Complying Development.

 

14.     Development consent is required to be obtained in relation to the specific ‘use and operation’ of industrial/warehousing tenancies or occupancies, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

The following condition is applied to meet the requirements of the NSW Department of Water and Energy:

 

15.     Development of the site must be implemented substantially in accordance with the General Terms of Approval issued by the NSW Department of Water and Energy as detailed in the letter from the Department dated 9 August 2007.

 

The following condition is applied to meet the requirements of Sydney Water:

 

16.     Development of the site must be implemented substantially in accordance with the requirements of Sydney Water as detailed in the letter from Sydney Water dated 17 July 2007.

 

17.     The applicant/developer shall obtain a letter from Sydney Water indicating that the applicant/developer has made satisfactory arrangements with Sydney Water for the proposed work in the zone of influence of the stormwater channel and stormwater discharge prior to a construction certificate being issued for the development.

 

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

 

18.     The applicant is to engage a NSW Department of Environment and Conservation (DEC) (formerly EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to a construction certificate being issued or prior to a subdivision certificate being issued, which ever comes first, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

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

 

19.     The site must be remediated in accordance with the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and details of compliance are to be provided to Council from the Accredited Site Auditor upon completion of the remediation works.

 

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

 

a)     Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA) and the NSW Department of Infrastructure Planning & Natural Resources (formerly Planning NSW), Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

b)     The remediation of the site including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

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

 

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

 

e)     Should any underground tanks be discovered they shall be removed in accordance with relevant NSW DEC/EPA Guidelines; Australian Institute of Petroleum’s (AIP) Code of Practice for the Design, Installation and Operation of Underground Petroleum Storage Systems (CP4-1998); and WorkCover NSW requirements.  In the event of conflict between AIP Code of Practice and WorkCover requirements the latter shall prevail.

 

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

 

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

 

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

 

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

 

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

·           hazard identification and control

·           worker health & safety, work zones and decontamination procedures

·           cross contamination

·           site drainage and dewatering

·           air and water quality monitoring

·           disposable of hazardous wastes

·           contingency plans and incident reporting

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

 

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

 

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

 

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

Monday – Friday         7am – 5pm

Saturday                  8am – 5pm

No work permitted on Sundays or Public Holidays

 

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

 

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

 

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

 

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

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

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

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

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

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

 

23.     The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the community or Council in relation to contamination, remediation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after-hours emergency contract number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

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:

 

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

 

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

 

The report titled “133-149 Beauchamp Road, Matraville, Assessment of Industrial Noise Impact” prepared by Acoustic Logic Consultancy, reference number 2007393/2805/RO/WC dated 29 May 2007 forms part of this consent. The following recommendations apply to the ongoing use and operation of the site, except as may be varied by a separate application for the use of the specific lot:

 

a.         Operating hours for the subject site shall be limited to 7am to 10pm Monday to Saturday.

b.         Truck deliveries to Lot 7 Northern Façade, Lot 9 and Lot 10 shall be restricted to 7am to 6pm Monday to Saturday

c.         All garbage shall be retained within the premises and removed after 7am on the following day.  Garbage collections and truck deliveries should not occur between 8pm to 7am Monday to Saturday and 8pm to 9am on Sundays and Public Holidays.

Copies of this determination shall be included in any future sale or lease documentation so as to ensure future owners and occupiers are advised and aware of the relevant requirements.

 

25.     The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage to other premises.

 

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

 

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

 

27.     There are to be no emissions or discharges from the premises which give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

28.     Pollution control devices shall be installed and maintained to ensure there will be no water borne pollutants discharging or are likely to discharge into any natural water course or the stormwater or sewerage drainage systems.

 

Full details of the proposed pollution control devices to be installed are to be submitted to and approved by Council’s Director of City Planning in accordance with Section 80 A(2)  of the Environmental Planning and Assessment Act 1979, prior to a construction certificate being issued for the development.

 

29.     Open parking areas must drain to a stormwater treatment device capable of removing litter, oil, grease and sediment prior to discharge to the stormwater system complying with:

 

·            Environmental Protection Authority’s Environment Protection Manual for Authorised Officers:  Technical Section (Stormwater First Flush Pollution); and

·            Environmental Protection Authority’s Managing Urban Stormwater: treatment techniques;

·            Council’s Stormwater Management Policy and conditions of consent.

 

Stormwater treatment device(s) must be maintained at all times to Council’s satisfaction.

 

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

 

30.     The premises is to be designed, constructed and operated in accordance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

35.     Liquid trade waste materials are to be disposed of in accordance with the requirements of the Sydney Water, Trade Waste Department and details of compliance are to be submitted to the certifying authority prior to any occupation certificate being issued for the food outlet.

 

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

 

36.     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.

 

37.     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.

 

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

 

39.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

43.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work 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.

 

44.     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.

 

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

 

46.     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.

 

47.     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 issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

48.     The demolition work, 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.

 

49.     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.

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

55.     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.

 

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

 

57.     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.

 

58.     A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction;

·    provisions for public safety;

·    dust control measures;

·    site access location and construction

·    details of methods of disposal of demolition materials;

·    protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/bulk bins;

·    details of proposed sediment and erosion control measures;

·    construction noise and vibration management;

·        construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·    Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

61.     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

62.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

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

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

63.     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 upon any part of the footpath, road or nature strip or in any public place:-

 

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

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

·       Placement of a waste skip or any other container or article in a public place.

 

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

 

64.     Premises to be used for any of the following purposes must be registered with Council prior to issuing an occupation certificate and relevant fees to be paid to Council. The premises must be inspected by one of Council’s Environmental Health Officers and any relevant requirements of Council’s Environmental Health Officers must be satisfied prior to commencement of the use.

 

·                     Any food businesses (ie restaurant, café, take-away food shop, grocer, bistro, deli and any other business in which food (including confectionery and packaged food) is sold, prepared, manufactured or stored),

·                     Any boarding house, bed & breakfast, backpackers or the like,

·                     Any hotel or place of public entertainment,

·                     Hairdressing salons, beauticians and skin penetration businesses,

·                     Any premises providing approved sexual services,

·                     Cooling towers and warm water systems.

 

65.     The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·       WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                  Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

66.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

The Work Plan must include the following information (as applicable):

·                      The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·                      Details of hazardous materials, including asbestos

·                      Method/s of demolition and removal of asbestos

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

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

·                      Methods and location of disposal of any asbestos or other hazardous materials

·                      Other relevant details, measures and requirements to be implemented as identified in the Asbestos Survey

·                      Date the demolition and removal of asbestos will commence

 

The Demolition Work Plan must be submitted to Council and the Principal Certifying Authority (PCA) if the Council is not the PCA, not less than two (2) working days before commencing any demolition works involving asbestos products or materials.  A copy of the Demolition Work Plan must also be maintained on site and be made available to Council officers upon request.

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

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

 

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

 

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

 

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

 

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

 

70.     Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with Parts D3 & F2 of the Building Code of Australia and AS1428.1, AS4299 & AS2890.1 to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

Security Deposit Conditions

 

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

 

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

 

a)     $15000.00     -        Damage / Civil Works Security Deposit

 

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

 

·                     A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

 

·                     Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

 

Traffic conditions/Civil Works Conditions

 

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

 

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

 

b)     Construct entry/exit driveways in Beauchamp Road to serve the proposed development. The construction of these entry/exit driveways shall be to Council’s satisfaction and the final layout of the driveways shall be determined upon consideration of swept path analysis of vehicles entering /exiting the development site.

 

c)     Remove all redundant concrete vehicular crossings and laybacks and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

d)     Replace any damaged sections of kerb and gutter along the site frontage.

 

e)     Construct a new concrete footpath extending from the end of the existing footpath that fronts a portion of the development site through to the Denison Street site boundary.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

f)      Relocate the existing bus stop that fronts the development site in accordance with State Transit/Sydney Buses’ requirements.

 

g)     Install / relocate parking restriction signposts as/if required in compliance with any recommendations of the City of Randwick or City of Botany Bay’ Traffic Committees.

 

h)     Undertake street tree planting along the Beauchamp Road site frontage in accordance with Council’s Street Tree Masterplan and to Council’s satisfaction.

 

73.     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.

 

74.     The applicant shall note that all external work, carried out on Council property, shall be in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works".

 

75.     Prior to the issuing of a Construction Certificate for the development site the applicant shall submit to Certifying Authority for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures, landscaping works and site regrading, (including detailed levels, contours and cross sections that make reference to both existing and proposed surface levels). The engineering details and specifications shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council and to the satisfaction of the Certifying Authority. The engineering details and specifications must be prepared by suitably qualified engineering consultants who must certify that the details and specifications meet best engineering practice and relevant standards. The applicant must liaise with Council’s Development Engineer Coordinator prior to preparation of the subject details/specification.

 

76.     The drainage construction specification and details referred to in the previous condition shall include the following:

 

·                     Supply, laying and backfilling of the stormwater pipelines.

 

·                     Construction of stormwater pits and other associated structures.

 

·                     Full design and construction details for the main central trunk drainage line.

 

77.     The minimum design serviceable life for all road pavements shall be 40 years, (with the minimum design traffic for the travel lanes of the pavement 12,300,000 ESA’s and the parking areas being 2,500,000 ESA’s) and designed in accordance with AUSTROADS PAVEMENT DESIGN GUIDE. All other infrastructure i.e. kerb and gutter, footpaths, retaining walls, pipe drainage etc shall have a minimum design serviceable life of 80 years. The specification and engineering details prepared for the Construction Certificate must demonstrate compliance with this requirement.

 

78.     Prior to the issuing of a Construction Certificate the applicant must demonstrate to the Certifying Authority, through the use of detailed swept path analysis, that the internal road design will operate satisfactorily for service and delivery vehicles, (i.e will satisfy Section 3 of AS 2890.2-2002). The swept path analysis must be prepared using the largest trucks/worst case likely to service the various areas of the development.

 

79.     The applicant shall meet the full cost for the design and construction of all new civil infrastructure, traffic facilities, signposting and alterations to existing infrastructure both within the development site and in Beauchamp Road.

 

80.     All kerb ramps must be designed and constructed to RTA Technical Direction TDT 2002/08.

 

81.     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 construction works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works, (as a minimum this will include drainage works and entry/exit road construction).

 

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

 

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

 

84.     Prior to the issuing of a Construction Certificate the applicant must submit to Council for approval, and have approved, detailed swept path analysis for large vehicles entering/exiting the proposed development from/to Beauchamp road. The swept path analysis shall be undertaken for both the 11metre rigid truck and 19metre articulated truck. The entry/exit driveways must be suitably designed such that large vehicles will not be required to cross onto the incorrect side of the road.

 

85.     B-Double trucks are not allowed onto the site at any time.

 

86.     Appropriate noise attenuation in accordance with EPA criteria for land use developments (The Environmental Criteria for Road Traffic Noise, May 1999) must be provided for the development site. The Construction Certificate application must demonstrate how this requirement is to be achieved.

 

87.     A Works Zone is to be provided in Beauchamp Road for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

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

 

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

 

89.     The internal roadways, car parking areas, aisle widths, service / delivery areas and circulation paths must be designed in strict accordance with AS 2890.1-2004 and AS 2890.2-2002 movements. The Construction Certificate plans must demonstrate compliance with this requirement.

 

90.     Prior to the issuing of a Final Occupation Certificate all driveways should be clearly marked with pavement arrows/signposting, Car Entry/Exit Only, Car & Truck Entry/Exit, etc as required.

 

91.     All trucks entering the development must be wholly contained within the site before being required to stop. All vehicles must enter and exit the site in a forward direction. All loading and unloading for the development must be undertaken wholly within the site. The Construction Certificate application must demonstrate compliance with these requirements.

 

92.     Internal roadways shall be wide enough to accommodate through and turning two-way traffic with passenger vehicles. The Construction Certificate Application must demonstrate compliance with this requirement.

 

93.     The proposed entry/exit point to Beauchamp Road must comply with the appropriate sight distance criteria as stated within Section 3.2.4 of AS 2890.1-2004. The Construction Certificate Application must demonstrate compliance with this requirement.

 

94.     All costs of traffic management measures associated with the development shall be borne by the developer.

Alignment Level Conditions

 

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

 

95.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for the Beauchamp Road site frontage, excluding the entry/exit driveways, must be 100mm above the top of the kerb at all points opposite the kerb, along the full site frontage. The alignment level at the entry/exit driveway will be determined following final approval of the design of the subject driveways.

 

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

 

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

 

97.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $9064.00 calculated at $44.00 (inclusive of GST) per metre of site frontage to Beauchamp Road. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

Service Authority Conditions

 

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

 

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

 

100.    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.

 

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

 

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

 

103.    The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

Drainage Conditions

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

 

Sydney Water Requirements

 

105.    Prior to the issuing of a Construction Certificate the applicant/developer must obtain from Sydney Water a letter from Sydney Water indicating that the applicant/developer has made satisfactory arrangements with Sydney Water for the proposed work in the zone of influence of the stormwater channel and stormwater discharge.

 

106.    Prior to the issuing of a Construction Certificate the applicant/developer must submit to Sydney Water all permissible site discharge calculations and onsite stormwater detention calculations. This must include calculations of the effective discharge from the site, provision of onsite stormwater detention and the orifice plate diameters for each Discharge Control Pit.

 

107.    Prior to the issuing of a construction certificate the developer/applicant must submit to Sydney Water for approval, and have approved, a detailed proposal for ensuring that Sydney Water nominated stormwater structures remain in private ownership, (with associated responsibility for maintenance etc). The structures shall include but not be limited to:

 

·            All structures covering the channel;

·            All internal drainage systems including GPT’s and overland flow inlet structures; and

·            Batter slopes above the channel coping.

 

108.    Prior to the issuing of a Construction Certificate the applicant must submit to Sydney Water for approval, and have approved, details confirming that all piers supporting structures are a minimum of 1 metre clear of the channel coping together with full structural and associated hydraulic details of the cantilevered deck over the stormwater channel, (refer to Sydney Water letter to Council dated 17/7/07 reference 2007/00587F).

 

Department of Water and Energy Requirements

109.   

110.    The Construction Certificate Application and all works on the development site and in Beauchamp Road must comply with the Department of Water and Energy’s General Terms of Approval issued for this development, (issued by letter to Council dated 9/8/07 reference ERM2007/007320).

 

111.    Prior to the issuing of a Construction Certificate for this development a copy of the Part 3A Permit, issued by the Department of Water and Energy, must be provided to Randwick City Council.

 

Protection from flooding

 

112.    All habitable floor levels, windows, vents and other openings must be located at least 300 mm above the determined 1 in 100 year ARI flood level for both the trunk drainage system and any overland flowpath draining through the site to the trunk drainage system. All open carpark areas must be at least 150mm above the determined 1 in 100 year ARI flood level for both the trunk drainage system and any overland flowpath draining through the site to the trunk drainage system. The Construction Certificate Application must tabulate the critical 1 in 100 year ARI flood levels for the trunk drain and overland flowpaths and must demonstrate compliance with this requirement.

 

113.    The floor level of any habitable or storage area constructed adjacent to the swale/channel located along the Beauchamp Road site frontage shall be a minimum of 300mm above the top water level in the swale/channel (as determined for a 1 in 100 year ARI storm event), or suitably water proofed to this same level. The level of any open carspace constructed adjacent to the swale/channel located along the Beauchamp Road site frontage shall be a minimum of 150mm above the top water level in the swale/channel (as determined for a 1 in 100 year ARI storm event), or suitably water proofed to this same level. The Construction Certificate Application must tabulate the critical 1 in 100 year ARI flood level for the swale and must demonstrate compliance with this requirement.

 

114.    Prior to the issuing of a Construction Certificate the applicant must submit to the Certifying Authority and Council for approval, and have approved, a detailed analysis of post development flows associated with the trunk drainage system, immediately downstream of the development site, for storms up to the 1 in 100 year ARI event. The analysis must demonstrate that there is no increase to the top water level and no increase in the potential for stormwater inundation of any development downstream of the development site.

 

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

 

116.    All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

External Drainage works

 

117.    A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, must be submitted to Council prior to the issuing of a Final Occupation Certificate, detailing the as constructed details for all works within Council’s road reserve (including detailed levels).

 

118.    All drainage details (for the external drainage works) shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards. The plans and specifications for all works on Council property shall be submitted to and approval by Council prior to the issuing of a Construction Certificate.

 

Internal Drainage

 

119.    Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the Certifying Authority prior to a Construction Certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall be in general accordance with plans prepared by Warren Smith and Partners C-01 to C21 inclusive Issue D and Fig 01 – Fig 02 inclusive Issue D as received by Randwick City Council on 16/8/07 and shall include the following information as a minimum:

 

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

 

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

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The internal pipe system must be designed to cater for the critical 1 in 20 year ARI storm event with overland flows contained within the roadways or other suitable flowpaths for up to the 1 in 100 year storm event. The applicant must fully demonstrate compliance with this requirement and make specific reference to the swales at the front of the site and the internal access road during major storm events.

 

d)       The velocity depth restriction of VDs < 0.4 for a 1 in 100 year ARI storm should be applied along the overland flow paths.

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

120.     All site stormwater must be discharged (by gravity) to the Sydney Water controlled channel that is located within the site. Connection into the channel shall be to the satisfaction of Sydney Water.

 

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

 

122.    Any detention area must be regularly cleaned and maintained to ensure it functions as required by the design.

 

123.    The maximum depth of ponding in above ground detention areas shall be as follows:

 

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

 

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

 

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

 

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

 

Notes:

     Above ground storage will not be permitted in any area which may be used for storage of goods.

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

 

124.    Any above ground stormwater detention areas must be suitably signposted where required, warning people of the maximum flood level.

 

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

 

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

 

126.    All open carspaces / parking areas adjacent to any detention area must be a minimum of 150mm above the maximum water level in the detention area for the design storm.

 

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

 

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

 

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

 

129.    Prior to the issuing of a Final Occupation Certificate the applicant must have created suitable width drainage easements, in favour of Randwick City Council, over any stormwater overland flowpath within the development site that drains stormwater overland flow from Beauchamp Road for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s development Engineer Coordinator prior to the creation of these easements to obtain Council’s requirements.

 

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

 

Notes:

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

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

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

 

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

 

·         The location of the detention basin with finished surface levels;

·         Finished site contours at 0.2 metre intervals;

·         Volume of storage available in the detention areas;

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

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

·         Details of any infiltration/absorption systems; and

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

 

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

 

Waste Management Conditions

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

 

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

 

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

 

Notes: All waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water. The waste storage areas shall be clearly signposted.

 

Landscape Conditions

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

 

134.    The landscaped areas shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers. Note: Council would seek the inclusion of uniform, feature tree and/or palm plantings in the 6metre wide buffer strip along the Beauchamp Road frontage, utilising species which will achieve a size similar in scale to the proposed structures, with decorative under-planting to be provided. The applicant must liaise with Council’s Landscape Development Officer prior to preparation of landscape details for the buffer zone.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

136.    In order to prevent the encroachment of motor vehicles into the landscaped areas a 150mm high concrete edge or suitable wheel stops shall be constructed between the landscaped areas and roadway. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

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

 

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

 

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

 

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

 

140.    All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

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

 

Tree Management

 

142.    Permission is granted for the removal of only those trees falling within the area occupied by the approved works. Removal of any remaining trees on the site is subject to separate application under the Tree Preservation Order.

 

2.   The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

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.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

A2.     The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

CO-ORDINATOR - MAJOR ASSESSMENTS

 

 

 

 


Director, City Planning Report 75/2007

 

 

 

SUBJECT:

COUNCIL'S POLICY - FORMER INCINERATOR LAND, MATRAVILLE

 

 

DATE:

13 September 2007

FILE NO:

F2006/00652

 

 

REPORT BY:            DIRECTOR, CITY PLANNING    

 

INTRODUCTION:

 

Council’s environmental consultants, HLA ENSR have recently completed a comprehensive environmental site assessment of the land contained within the vicinity of the former incinerator, which was located adjacent to Kain Avenue, Matraville and operated approximately between 1932 and 1960.

 

The investigations carried out to date have included an analysis of over 500 soil samples taken at various depths from private and public land in the area generally bounding Kain Avenue, Wilkes Avenue, Hurley Crescent, Oxley Street, Hillary Parade, Lawson Street and Fincucane Crescent.

 

As a result of this comprehensive environmental site investigation, Council is able to identify the specific properties and land that has been found to contain ash-material, which exceeds or may exceed the relevant health-based investigation levels for residential land-use.

 

Council is also now able to review the properties identified within its existing Policy – Former Incinerator Land, Matraville, by removing those properties which have been assessed and found not to exceed the relevant health-based investigation levels.

 

BACKGROUND:

 

A domestic refuse incinerator operated upon the land adjacent to Kain Avenue, Hurley Crescent and Wilkes Avenue, Matraville between 1932 and the early 1960s.  The incinerator was mostly used to recycle the municipality’s rubbish and the ash waste material was mainly re-used as road-fill or the like.

 

The incinerator was designed by Walter Burley Griffin and was constructed by the Reverberatory Incinerator Company (REICo) on behalf of Randwick Municipal Council in 1932.

 

At the time of the operation of the incinerator, most of the land in the area was owned by the Crown and leased to Council during the operation of the incinerator.  The majority of the land in the area of the former incinerator was subdivided in the late 1960s and now comprises established residential properties in streets such as Wilkes Avenue and Hurley Crescent. 

 

Randwick Council was notified of the potential land contamination by the Department of

Environment & Conservation (DEC) in 2006, following an investigation carried out by Sydney Water on the land previously occupied by the vent pipe located on the corner of Kain Avenue and Finucane Crescent. Council was requested by the DEC to investigate the possible extent of any contaminated materials on adjacent properties.

 

The DEC advised that the contaminated material may extend beyond the Sydney Water site onto adjacent lands, including established residential properties and Council was asked to undertake an investigation to determine the nature and extent of contaminated fill material in this area.

 

Council subsequently engaged the services of HLA-Envirosciences to carry out a preliminary environmental site investigation, encompassing a soil sampling and analysis program in the vicinity of the former incinerator, including over 40 test-pits or bore-holes on public and privately owned land.

 

Groundwater monitoring wells were also installed in various locations to assess and monitor any potential impacts upon the local groundwater. In addition, contaminant mobility and bioaccessibility tests were carried out to determine the potential effect of the contaminants on human health.

 

In summary, the initial soil sampling programs identified that a number of privately owned properties and public areas contained (or potentially contained) ash-material within the land. 

 

The results showed that the ash-material contains elevated levels of lead and other heavy metals, which exceed relevant health and or ecological criteria for low-density residential land use. The results of the initial investigation identified that the contaminants are   principally located within an ashy layer, located between approximately 100mm and 1.7m below the ground surface.

 

In addition to the properties and land which were found to contain the ash- material, a number of properties located immediately adjacent to the affected properties and former incinerator were also considered to potentially contain ash-material within their land and therefore, at that stage, they could not be discounted from being potentially affected or contaminated.

 

On 12 December 2006, Council adopted its Policy – Former Incinerator Land, Matraville, which identifies the particular land that contains (or potentially contains) ash-material, which may have levels of lead or other heavy metals that exceeds the national standard for low-density residential land-use.

 

The original Policy included 76 properties, generally bounding Finucane Crescent, Kain Avenue, Oxley Street, Hillary Parade, Lawson Street and including Wilkes Avenue and Hurley Crescent, Matraville.

 

Since the adoption of the Policy, Council has included a statement upon Planning Certificates issued for the subject land, in accordance with the provisions of Section 149 (2) of the Environmental Planning & Assessment Act 1979, Clause 279 of the Environmental Planning & Assessment Regulation 2000 (the ‘Regulation’) and Clause 7 of Schedule 4 in the Regulation.

 

The Policy assists in ensuring that property owners are made aware that the land is potentially contaminated, which may potentially affect the development and use of the land.

 

Since becoming aware of the contamination, Council has developed a range of strategies to manage any potential public health concerns and various correspondence and information sheets have been provided to the residents advising of Council’s investigations, actions and the potential health impacts.

 

Human Health Assessment

 

In August 2006, Council engaged Professor Garry Smith (formerly of New South Global, UNSW), to provide advice to Council in relation to any potential public health impacts and concerns for the residents.

 

Professor Garry Smith advised that direct contact or ingestion of the soil is the most relevant exposure route, should the buried ash be exposed.  He also advised that the potential breathing of the contaminant in the air; surface or groundwater exposure; and direct contact with the skin, are considered to be low risk exposure routes because of the low incidence of ash contaminants expected in these media and the low likelihood of direct contact or uptake and bioavailability.

 

In his report, Professor Garry Smith provided the following conclusion and recommendations:

 

“Consideration of the contaminant disposition in buried ash, the residential scenarios and activities potentially disturbing the buried layer, the toxicity of contaminants and the potential exposure to the range of receptors in the residential area, have been used as a basis for a qualitative risk assessment of potential human health impact that may be posed from the buried Matraville incinerator ash.

 

The significant health risk of concern is considered to be from potential lead uptake by young children exposed directly to the ash through play or other activities and exhibiting hand to mouth ingestion of soil.  This health concern is effectively addressed, in the short-term, by ensuring that direct access to the ash continues to be prevented by maintenance of the existing play ground rubber mats, and grassed surfaces of the playground area.