Administrative Centre

30 Frances St

Randwick 2031

Tel: 02 9399 0999

Fax 02 9319 1510

DX 4121 Maroubra Junction

general.manager@randwick.nsw.gov.au

INCORPORATED

AS A MUNICIPALITY

22 FEBRUARY 1859

PROCLAIMED AS

A CITY JULY 1990

 

 

24th October, 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, 30TH OCTOBER, 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 EXTRAORDINARY COUNCIL MEETING HELD ON TUESDAY, 18TH SEPTEMBER, 2007.

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 25TH SEPTEMBER, 2007.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

6.1                      

MAYOR'S MINUTE 101/2007 - LOCAL GOVERNMENT MANAGEMENT EXCELLENCE AWARDS 2007.

2

6.2                      

MAYOR'S MINUTE 102/2007 - AUSTRALIAN DRAGON BOAT TEAM - REQUEST FOR FINANCIAL ASSISTANCE.

4

6.3                      

MAYOR'S MINUTE 103/2007 - PROPOSED PARTNERSHIP WITH THE CANCER COUNCIL NSW.

5

6.4                      

MAYOR'S MINUTE 104/2007 - CAROLS BY CANDLELIGHT – MATRAVILLE.

7


6.5                      

MAYOR'S MINUTE 105/2007 - COOGEE FAMILY FUN DAY - GOLDSTEIN RESERVE - WAIVING OF FEES.

9

6.6                      

MAYOR'S MINUTE 106/2007 - RANDWICK SHIELD AT COOGEE BEACH - REQUEST FOR WAIVING OF FEES.

13

 

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

 

7           Urgent Business – Distributed separately

 

7.1                      

LATE GENERAL MANAGER’S REPORT 43/2007 – FINANCIAL SUSTAINABILITY INQUIRY.

 

7.2                      

LATE GENERAL MANAGER’S REPORT 44/2007 – INSURANCE CLAIM SETTLEMENT – PERSONAL INJURY AT GILES BATHS – DECEMBER 2003.

 

 

 

8           Director City Planning Reports

 

8.1                      

DIRECTOR, CITY PLANNING REPORT 88/2007 - 6 - 32 GUBBUTEH ROAD, LITTLE BAY.

15

8.2                      

DIRECTOR, CITY PLANNING REPORT 89/2007 - 73 CLOVELLY ROAD, RANDWICK.

63

8.3                      

DIRECTOR, CITY PLANNING REPORT 90/2007 - 6 GALE ROAD, MAROUBRA.

67

8.4                      

DIRECTOR, CITY PLANNING REPORT 91/2007 - 4 KEITH STREET, CLOVELLY.

73

 

9           General Manager's Reports

 

9.1                      

GENERAL MANAGER'S REPORT 37/2007 - RANDWICK CITY COUNCIL 2006-07 ANNUAL REPORT AND STATE OF THE ENVIRONMENT REPORT.

94

9.2                      

GENERAL MANAGER'S REPORT 38/2007 - 2007 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT.

96

9.3                      

GENERAL MANAGER'S REPORT 39/2007 - COUNCIL CONSOLIDATION AGREEMENT.

98

9.4                      

GENERAL MANAGER'S REPORT 40/2007 - SECURITY PERSONNEL - GOLDSTEIN RESERVE PUBLIC TOILETS.

111

9.5                      

GENERAL MANAGER'S REPORT 41/2007 - 2006/2007 DISCLOSURE OF INTEREST RETURNS.

115

9.6                      

GENERAL MANAGER'S REPORT 42/2007 - AFFIXING OF THE COUNCIL SEAL.

117

 

10         Director City Services' Reports

 

10.1                      

DIRECTOR, CITY SERVICES' REPORT 72/2007 - OPEN AIR CINEMA 2007-2008.

119

10.2                      

DIRECTOR, CITY SERVICES' REPORT 73/2007 - PUBLIC LIBRARIES NSW - METROPOLITAN ASSOCIATION (PLM) INC.

133

 

11         Director Governance & Financial Services' Report

 

11.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 65/2007 - NOTICE OF VESTING OF LAND IN COUNCIL - 1R & 2R WATERSIDE AVENUE, MAROUBRA.

137

 

12         Petitions

 

13         Motions Pursuant to Notice

 

13.1                      

MOTION BY COUNCILLOR BELLELI - MATRAVILLE TOWN CENTRE PUBLIC TOILETS. 

141

13.2

MOTION BY COUNCILLOR BELLELI - RENAMING BARWON PARK TO JAMES MATRA PARK.

141

 

14         Confidential Items (Closed Session)

 

14.1                      

CONFIDENTIAL DIRECTOR, CITY SERVICES' REPORT 74/2007   - DEPARTMENT OF COMMERCE TENDER FOR THE DESIGN, SUPPLY AND INSTALLATION OF BACKWASH AND BORE WATER FILTRATION SYSTEM AT DES RENFORD AQUATIC CENTRE.

142

14.2                      

CONFIDENTIAL DIRECTOR, CITY SERVICES' REPORT 75/2007 - PIONEER PARK CLOSED LANDFILL REMEDIATION TENDER REPORT.

164


 

14.3                      

CONFIDENTIAL DIRECTOR, CITY SERVICES' REPORT 76/2007 - TENDER T10/07 SUPPLY OF GARBAGE COMPACTOR TRUCKS.

173

14.4                      

CONFIDENTIAL DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORT 66/2007 - SSROC TENDER FOR THE SUPPLY OF STATIONERY AND TONER CARTRIDGES.

182

 

15         Notices of Rescission Motions

 

 

 

 

 

 

 

…………………………………………………..

GENERAL MANAGER


MAYOR'S MINUTE 101/2007

 

 

 

 

SUBJECT:

LOCAL GOVERNMENT MANAGEMENT EXCELLENCE AWARDS 2007

 

DATE:

11 October, 2007

FILE NO:

F2006/00414

 

 

REPORT BY:            MAYOR

 

 

INTRODUCTION:

 

As Mayor of Randwick City Council I am very proud to report to you on Council’s success at the recent Local Government Management Excellence Awards 2007.

 

ISSUES:

 

Council received an award for our “Sustaining our City Program in the category of “Excellence in Sustainability within Local Government.” This category has an external focus considering the role of local government as stewards of our natural and built environment. This award promotes new ideas or approaches which will bring significant benefits to Local Government or the application of established processes in an imaginative, productive and innovative manner.

 

Key components of Council’s “Sustaining our City Program” include Council’s recent energy and water saving initiatives; Randwick’s Home Energy Makeover Campaign; developing sustainable transport options; the draft Biodiversity Strategy;  City-Country Sustainable Schools Exchange; Local Government Emissions Trading Scheme; 3 Council Ecological Footprint Projects; and numerous community education events including the Summer Activities Program, EcoLiving Fair, Sustainable Living Workshops and the ‘Come and Have a Sticky Beak’ Open Days.

 

Council congratulates Peter Maganov, Richard Wilson and all the Sustainability Team on a tremendous achievement.

 

The second award received by Council was for our “Achieving Equity Project” in the category of “Service to Community Within Local Government.” It is the role of Council to support community groups and organisations through the provision of a range of grants, donations and subsidies including access to Council owned buildings and rental subsidies. The aim of the Community Facilities Policy and the Grants, Donations and Subsidies Policy is to deliver equitable, transparent and accountable processes.

 

Thanks to the hard work of Council staff namely Kerrie Walshaw, Sharon Plunkett and Shane Lowe and the valuable input of representatives of Clovelly Child Care Centre, the Junction Neighbourhood Centre, Kingsford Legal Centre and Randwick Occasional Care Centre (ROCC) the policies have been successfully developed and implemented.

 

The third award received by Council was for the online delivery of Randwick City Council's “Councillor Online Training Program” in the category of “Governance Excellence within Local Government.” This Program is a first for local government in Australia.

Randwick's Councillor Online Training Program provides potential and new councillors with a thorough understanding of local government functions and processes, planning legislation and council operations.  By encouraging councillors to make more strategic decisions, this mandatory training improves the quality of governance for the Council and the community in both the short and long term.

 

Randwick City Council's Councillor Online Training Program uses best practice learning technology to deliver information conveniently, efficiently and effectively.

The online system does not require any special hardware, software or client technical support. It is provided as a fully managed service that is supported remotely by Randwick's business partner, Learning Seat.

 

Prospective, new and existing councillors can access the program at their own pace, from their home or office at a time that suits them.  The delivery method is flexible, non-threatening and is designed to encourage learning.

 

This system eliminates many of the problems associated with previous face-to-face councillor induction training sessions which included large volumes of paperwork, staff time and effort, difficulties coordinating councillor's availability, and obstacles to frank and open discussions. The online delivery method is also an extremely cost effective training tool.

 

The Councillor Online Training Program can be easily adapted by other local government organisations across Australia which means Randwick City Council's innovative learning strategy for potential and new councillors has widespread applicability for the local government sector.

 

Congratulations to the General Manager, Directors, Julie Hartshorn, David Kelly and other staff involved on a well deserved award for an industry leading project.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Randwick Council was the most successful Council at the Local Government Management Excellence Awards and it highlights the fact that Randwick Council is now a leader in the Local Government industry.

 

RECOMMENDATION:

 

That Council pass on its congratulations to all the staff involved in the three Local Government Management Excellence award winning projects.

 

ATTACHMENTS:

 

Nil

 

………………………………

………………………………

BRUCE NOTLEY-SMITH

 

MAYOR

 


 

MAYOR'S MINUTE 102/2007

 

 

 

SUBJECT:

AUSTRALIAN DRAGON BOAT TEAM - REQUEST FOR FINANCIAL ASSISTANCE

 

DATE:

11 October, 2007

FILE NO:

F2004/07396

 

 

REPORT BY:            MAYOR

 

INTRODUCTION:

 

Correspondence has been received from Steven Davidson and Pam Sheppard advising Council that they have been selected to represent Australia in the World Dragon Boating Championships being held in Sydney in September 2007. Council has been asked to assist financially to cover the costs associated with attending this competition.

 

ISSUES:

 

The costs associated with allowing Steven and Pam to attend this international competition are considerable and, as they are both residents of Randwick City, I believe support from Council is appropriate.

 

FINANCIAL IMPACT STATEMENT:

 

A donation under the Mayoral Requests Budget of $250.00 has been allowed for in the 2007/08 budget.

 

CONCLUSION:

 

As this event is of international significance, this request meets the requirements to qualify for financial assistance.

 

RECOMMENDATION:

 

That Council donate $250.00 to help cover the costs involved in allowing Steven Davidson and Pam Sheppard to represent Australia at the World Dragon Boating Championships being held in Sydney in September 2007, such funds to come from the Mayoral Requests Budget.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

BRUCE NOTLEY-SMITH

 

MAYOR

 


  

 

MAYOR'S MINUTE 103/2007

 

 

 

SUBJECT:

PROPOSED PARTNERSHIP WITH THE CANCER COUNCIL NSW

 

DATE:

12 October, 2007

FILE NO:

F2004/06217

 

 

REPORT BY:            MAYOR

 

 

INTRODUCTION:

 

An approach has been made and meetings held with the Cancer Council NSW with a view to entering into a community partnership in an effort to increase public awareness of the impact of cancer on our community as well as educating the community in various prevention strategies.

 

ISSUES:

 

Cancer directly affects one in three people in the community – and everyone else will see and feel the impact in physical and emotional suffering, premature death and financial burden. In a recent Roy Morgan poll Australians have identified it as their number one health concern.

 

While Local Government doesn’t have control over spending in hospitals or on Medicare, there are many ways to help reduce the impact of cancer on our community, and Councils are well placed to provide a real boost to the wellbeing of residents.

 

The Cancer Council NSW has been working with Local Government across NSW on an informal basis for a long time through a range of activities, including Relay For Life, Smoke-free playgrounds, advice on sun-safety for workers, and the provision of free cancer information through local libraries.

 

The Cancer Council NSW has approached Council to enter into a community partnership: a formal relationship between The Cancer Council NSW and Randwick City Council.  This involves Council affirming its commitment to reduce the impact of cancer in the local community by –

 

·                Learning about and adopting new policies that will lead to a reduction in the incidence of cancer;

·                Supporting Cancer Council advocacy campaigns that benefit the residents of Randwick City Council;

·                Using Council communication channels, venues, staff and networks to disseminate Cancer Council health promotion and patient support materials;

·                Helping the Cancer Council to support patients and their families in your community by allowing use of Council venues for support group meetings and education programs; and

·                Supporting Cancer Council efforts to raise money in the local area.

 

Should Council become a Community Partner, The Cancer Council NSW will provide materials, draft policies, and a suggested range of activities free of charge.  Each year, new programs will be developed to help educate and support councils, their residents and their staff.

 

In the coming year these will include the provision of cancer information and support centres in local libraries; advice on shade provision in childcare centres and skin cancer prevention materials for older residents. The Cancer Council NSW will also provide free health-related copy for use in Council columns in newspapers and in Council newsletters.

 

Council will be required to nominate two senior staff as Relationship Managers with the Cancer Council.  These people will receive all correspondence from The Cancer Council NSW regarding the Partnership, and will facilitate future contact with appropriate Council staff as needed.

 

The Cancer Council NSW will provide information updates on a quarterly basis to Council’s Relationship Managers. Council will then be able to decide which programs to participate in.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Council acknowledges the high level of physical and emotional suffering, premature death and financial burden caused by cancer in this community.  By becoming a Cancer Council Community Partner, Council can undertake to help lower the impact of this insidious disease in our community.

 

RECOMMENDATION:

 

That:

 

(a)      Council enters into a Community Partnership with the Cancer Council NSW and gives an undertaking to support the Cancer Council through various education campaigns, by adopting relevant policies and providing suitable venues for meetings and education programs; and

 

(b)      the General Manager be authorised to nominate two staff members to act as the dedicated Relationship Managers for this community partnership.

 

ATTACHMENTS:

 

Nil

 

 

 

 

………………………………

………………………………

BRUCE NOTLEY-SMITH

 

MAYOR

 


 

MAYOR'S MINUTE 104/2007

 

 

 

SUBJECT:

CAROLS BY CANDLELIGHT - MATRAVILLE

 

 

DATE:

15 October, 2007

FILE NO:

F2004/07079

 

 

REPORT BY:            MAYOR   

 

 

INTRODUCTION:

 

The following resolution was passed (subsequent to a Notice of Motion put forward by Councillor White) at the 27 March 2007 Council Meeting:

 

“(White/Belleli) that Council endorse and seek funding by local business to stage a Carols By Candlelight in the park at Matraville bounded by Franklin Street, Awydir Avenue and Barwon Crescent.”

 

ISSUES:

 

The organising Committee (comprising representatives from a number of Matraville businesses) has been unable to secure business funding to concur the entire event and have asked for Council’s assistance. 

 

Given that it will be a non-profit community event, it is suggested that Council provide financial assistance in order to get the event up and running.  The financial assistance required is in the order of $8,000.  This amount is made up as follows:

 

Approval fee                                                                      $240.00

Food registration fee                                                               95.00

Supply/removal of bins                                                           174.00

Financial assistance to community group                              7,491.00*

TOTAL:                                                                                           $8,000.00

 

(* This amount is to cover all other expenses of the event including - installation/dismantling of portable stage; supply of audio equipment; supply of generator; printing of pamphlets etc).                                                                                                                                             

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $8,000.00 and currently there are sufficient funds in the Contingency Fund 2007/08 to cover this event.

 

CONCLUSION:

 

This would be the first Carols By Candlelight event for the suburb of Matraville and financial assistance from Council will assist in getting the inaugural event up and running.  Whilst Council holds a major Carols By Candlelight at Coogee Beach, financial assistance for this event will enable residents residing in this area of the city to attend a Carols event in their own area.

 

RECOMMENDATION:

 

That:

 

(a)  Council vote $8,000 from the 2007/08 Contingency Fund to cover the fees associated with a “Carols By Candlelight” to be held in the park at Matraville bounded by Franklin Street, Awydir Avenue and Barwon Crescent;

 

(b)  The event organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event;

 

(c)  The Mayor or his representative be given the opportunity to address the event on behalf of Council; and

 

(d)  The event organisers provide Council with information following the event on the number of attendees.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

BRUCE NOTLEY-SMITH

 

MAYOR

 

 

 

 

 

 

 


  

MAYOR'S MINUTE 105/2007

 

 

 

 

SUBJECT:

COOGEE FAMILY FUN DAY - GOLDSTEIN RESERVE - WAIVING OF FEES

 

 

DATE:

13 August, 2007

FILE NO:

F2004/08145

 

 

REPORT BY:            MAYOR      

  

INTRODUCTION:

 

Council has received a request for event approval and a financial assistance from the Coogee Chamber of Commerce Inc.  The purpose of the financial assistance is for a contribution towards the running of the proposed annual Coogee Family Fun Day community event to be held at Goldstein Reserve, Coogee on Saturday, 1 December 2007. The major aims of the event are to promote community spirit building in a fun filled day with the provision of free public entertainment and to donate any proceeds from the event to the Sydney Children’s Hospital Foundation Randwick.

 

By letter dated 12 October 2007, the Coogee Chamber of Commerce has thanked Council for its contribution to the 2006 event and provided a short summary of the community benefits attributable to the event.

 

ISSUES:

 

The Coogee Chamber of Commerce Inc have requested assistance from Council with the following, given that this is a charitable community fundraising event:

 

Installation and dismantling of portable stage and sound                  $6,000.00

Installation and removal of banner (Arden St & Malabar Rd)              $1,500.00

A cash donation                                                                       $5.000.00

Administration Fee                                                                    $   650.00

Food Stalls (6) ($95.00 per stall)                                                $   570.00

Supply and removal of extra bins                                                 $1,650.00

(based on 10 - 240 litre bins emptied 3 times a day)

Additional Toilet Cleaning                                                            $  405.30

Parking of 10 vehicles in metered parking bays ($88.00 per

vehicle per day) in the Dolphin Street Car Park                               $  880.00

TOTAL:                                                                                                   $16,655.30

 

Council’s contribution to this event has been significant over the years. Council will receive appropriate acknowledgement and promotion via all advertising and promotion for the event.

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $16,655.30 and currently there are sufficient funds in the Contingency Fund 2007/08 to cover this contribution. 

 

CONCLUSION:

 

The Coogee Family Fun Day is a significant local event and one that is well supported and attended by the community.  Funds raised through this event are donated to the Sydney Children’s Hospital.

 

It is considered that Council should continue to support and sponsor this event through a cash contribution of $5,000, including payment for the provision of stage and sound equipment, and its “in-kind” financial contribution via the waiving of fees payable to Council.

 

RECOMMENDATION:

 

That:

 

(a)      Council vote $16,655.30 to cover the fees associated with the Coogee Family Fun Day and that these funds be allocated from the 2007/08 Contingency Fund budget.

 

(b)      Council advise the organisers of the Coogee Family Fun Day, that Council be given adequate and appropriate acknowledgement for its contribution to the running of this event generally in accordance with the Coogee Chamber of Commerce’s letter dated 14 June 2007.  Such acknowledgement is to include Council’s logo for inclusion on promotional literature and Council’s banner is to be displayed at the event.

 

(c)      The organisers be advised that Council requires an acceptance in writing that should Council property be damaged in any way the organisers of the event will compensate Council for the repair or replacement of the damaged item(s).

 

(d)      The Mayor or his representative be given the opportunity to address the event on behalf of Council.

 

ATTACHMENT/S:

 

1.  Letter from Coogee chamber of Commerce Inc dated 14 June 2007

2.  Letter from Coogee Chamber of Commerce Inc dated 12 October 2007  

 

 

 

 

………………………………

………………………………

BRUCE NOTELY-SMITH

 

MAYOR

 

 

 


Attachment 1

 

 

 

 


Attachment 2


 

MAYOR'S MINUTE 106/2007

 

 

 

SUBJECT:

RANDWICK SHIELD AT COOGEE BEACH - REQUEST FOR WAIVING OF FEES

 

 

DATE:

18 October, 2007

FILE NO:

F2004/08302

 

 

 

REPORT BY:            MAYOR  

 

 

INTRODUCTION:

 

An application has been received from Mr Doug Hawkins, Coogee Surf Life Saving Club seeking Council’s assistance in the waiving of fees for the Randwick Shield Carnival incorporating Coogee, Clovelly, South Maroubra and Maroubra Nipper Clubs.  The Carnival will be held at Coogee Beach on Sunday, 11 November 2007, from 8am to 2pm, with approximately 800 juniors between the ages of 8 to 14 participating in the organised activities, which include beach events (sprint and flag races) and water events (swim and board races).

 

ISSUES:

 

The annual non-profit community beach event gathers the local community and visitors to Coogee Beach and its surrounds and draws many competitors to enjoy the day and organised activities.  It is considered that this event is very worthwhile and is well received within the community. 

 

Listed below are associated fees:

 

Application Fee                                          $134.90

Beach Hire                                                 $554.60

One staff member @ $86.80 p/h x 7 hours       $607.60

TOTAL:                                                            $1,297.10

 

FINANCIAL IMPACT STATEMENT:

 

Should Council accept the report recommendation, the financial implication to Council is $1,297.10 and currently there are sufficient funds in the 2007/08 Contingency Fund to cover these fees.

 

CONCLUSION:

 

On previous occasions Randwick City Council has provided considerable support for the junior surf life saving activities and it is considered that Council’s support be given again this year by waiving the associated fees.

 


 

RECOMMENDATION:

 

That

 

a)     Council vote $1,297.10 to cover the fees associated with the holding of the Randwick Shield on Sunday, 11 November 2007 and that the funds be allocated from the 2007/2008 Contingency Fund;

 

b)     the organiser of the Carnival undertake to appropriately and prominently acknowledge and promote Council’s contribution to the Carnival; and

 

c)     the Mayor or his representative be given the opportunity to address the Surf Carnival on behalf of Council.

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

BRUCE NOTLEY-SMITH

 

MAYOR

 

 

 

 

 

 

 


 

Director, City Planning Report 88/2007

 

 

SUBJECT:

6 - 32 GUBBUTEH ROAD, LITTLE BAY

 

 

DATE:

17 October, 2007

FILE NO:

DA/421/2007 & PROP051976

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for construction of 14 two-storey terrace style dwellings, associated earthworks, landscaping and Torrens-title subdivision into 14 allotments at No. 6 – 32 Gubbuteh Road, Little Bay.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 15 October 2007.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

CO-ORDINATOR - MAJOR ASSESSMENTS

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

15 October, 2007

FILE NO:

DA/421/2007 & PROP051976

 

PROPOSAL:

 Construction of 14 two-storey terrace style dwellings, associated earthworks, landscaping and Torrens-title subdivision into 14 allotments.

PROPERTY:

 6 - 32 Gubbuteh Road, Little Bay

WARD:

 South Ward

APPLICANT:

 Stockland Development (PHH) P/L

OWNER:

 Stockland Development (PHH) P/L

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.      EXECUTIVE SUMMARY

 

The subject application is for the construction of 14 two-storey terrace style dwellings, associated earthworks, landscaping and Torrens-title subdivision into 14 allotments. The subject site is regular in shape and comprises vacant land in the Prince Henry site on Gubbuteh Road. The application is referred to Council as the proposed development is valued at $6 million.

 

The proposal is permissible under Randwick Local Environmental Plan 1998 and complies with all the controls contained in the LEP with the exception of the maximum FSR and building and wall height controls. The proposal has an FSR of 0.82:1 which exceeds the maximum FSR control of 0.75:1. The proposal also breaches the maximum wall height control by 1.4m and the maximum building height control by 400mm to the top of the pitched roof covering 4 small localised “watch-tower” features facing Gubbuteh Road. Objections under State Environmental Planning Policy No.1 (SEPP No.1) have been submitted in relation to the breach of these controls. The non-compliances have been assessed and found acceptable as the breach in the FSR and height controls are minor and/or localised; the proposed building affected by the breach will not be visually intrusive or bulky; and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The application complies with all the relevant prescribed controls in the Prince Henry Development Control Plan with the exception of the FSR, and wall and building height, rear setback, vehicular access/parking and soft landscaping. These non-compliances have been assessed and considered minor in nature and are acceptable and reasonable. Specifically, the breaches in FSR and height controls have been adequately addressed in the SEPP 1 Objections while the breaches in the setback, vehicular access/parking arrangements and soft landscaping are reasonable and acceptable primarily as they are not considered to detrimentally affect the amenity of properties adjoining and surrounding in terms of sunlight, ventilation, privacy, views, bulk, scale and traffic impacts.

 

The proposal was notified and advertised as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended).  Six submissions were received in response to the proposal.

 

The proposal is an “integrated development” as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. Accordingly, the application was referred to the Heritage Council of NSW for approval, and notified and advertised for a period of 30 days in accordance with the EP&A Act 1979 (as amended). The Heritage Council has issued its General Terms of Approval for the proposed development which have been incorporated as conditions of consent. 

 

The recommendation is for approval of the application subject to conditions.

 

2.      THE PROPOSAL

 

The proposal is for the construction of 14 two-storey terrace-style attached dwellings associated earthworks, landscaping and Torrens-title subdivision into 14 allotments. 

 

The proposed development will contain 14 three-bedroom + study dwellings typically configured as follows:

 

 

Ground Floor

·         Combined living & dining room and kitchen linked to outdoor deck areas

·         Single garage and carspace in tandem

·         Study room

·         WC

·         Storage areas

 

First Floor

·         three bedrooms including a master bedroom with ensuite and walk-in-robe.

·         A common bathroom and WC

·         Laundry room and storage space

 

It is proposed to Torrens-title sub-divide the proposed development with each lot having a typical width of approximately 6.5m (with the exception of end allotments which will be approximately 7.5m (western end) and 11.5m (eastern end) wide.

 

The dwellings units will all have deep soil front and rear gardens with the latter orientated north at a typical minimum depth of 3.5m from their respective boundaries.

 

3.      THE SUBJECT SITE AND SURROUNDING AREA

 

The former Prince Henry Hospital site is located on the eastern side of Anzac Parade approximately 14km south of the Sydney GPO. The site, now referred to as the Prince Henry site, is bounded to the north by the University of New South Wales, to the north and east by the Coast Golf Course, to the east by Little Bay and to the south by the Coast and St Michaels Golf Courses and to the west by Anzac Parade.

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the adopted Master Plan (now a Deemed DCP) for the Prince Henry site. The subject site is known as Lot 15 in DP 270427. The site is also referred to as Lot A in Council’s Prince Henry Site DCP (the DCP). The subject site is located on the northern side of Gubbuteh Road, approximately 50m to the east of Anzac Parade, and comprises vacant land with an area of 2686m2

 

The subject site is bounded by Gubbuteh Road to the south with a development super lot (Lot 19) approved for a attached dwelling-house development (DA 573/2006) on the opposite side this road; a vacant superlot (Lot 24) for an approved multi-unit residential development (DA 1107/2006 )to the west; the University of New South Wales playing fields and research land recently approved for a Stage 1 residential sub-division (DA 264/2007) to the north; and a residential dwelling house allotment at No.34 Gubbuteh Road (Lot 2 DP 285908) to the east.

 

4.      SITE HISTORY

 

The site forms part of the wider Prince Henry site which is the subject of a Master Plan/Deemed DCP adopted on 27 May 2003 and subsequently amended on 18 October 2005 and 30 May 2006. These latter two amendments do not affect the subject site.

 

Amendment 28 to Randwick Local Environmental Plan 1998 was gazetted on 26 November 2004 and had the effect of rezoning the Prince Henry site to a mix of 2D Residential (Comprehensive Development), 6 Special Uses and 7 Environmental Protection. The amendment also contains height, FSR and landscape area requirements for development within the 2D area of the site.

 

The Prince Henry Site Development Control Plan (the DCP) was approved by Council on 27 July 2004 and became effective after the gazettal of Amendment 28 to RLEP1998 on 8 December 2004.

 

A number of other development applications have been approved for proposals in the wider Prince Henry site including the demolition of identified buildings and the decontamination and rehabilitation of land, erection of buildings for specific social/community bodies and infrastructure, civil and streetscape works, and private residential developments ranging from dwelling houses and multi-unit housing developments.

 

A prelodgement meeting was held in 23 April 2007 (PL 12/2007) for the proposed development.

 

5.      COMMUNITY CONSULTATION

 

5.1    Advertising/Notification

 

The proposal was notified as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended). A notice was placed in the local newspaper and on-site, and letters were sent to adjoining and adjacent landowners advising of the proposal and inviting comment and submissions. The following submissions were received in response to the proposal:

 

C. & N. Siboulet, 34 Gubbuteh Road, Little Bay

K. Burgess-Kime & T. Kime, 36 Gubbuteh Road, Little Bay

F. Zhang & P. Su, 38 Gubbuteh Road, Little Bay

N. Naeimi & S. Wong, 40 Gubbuteh Road, Little Bay

Z. Hou & S. Zhang, 44 Gubbuteh Road, Little Bay

D. Reed, 30 Smith Street, Surry Hills (on behalf of owners of the adjoining property at No. 34 Gubbuteh Road).

 

5.2 Objections

 

The following issues were raised in the submissions and are addressed by planning comments below and where relevant in the Environmental Assessment Section of the report (Section 10):

 

       Lack of basement garages contrary to Master Plan

Comment: This objection is addressed in Sections 10.1.2 (Clause 40A Master Plan) and 10.3.1 (Vehicular access and carparking) below. Essentially, the applicant has advised that provision of a basement carpark for the proposal would be excessive in that it would project beyond the building footprint and reduce the deep soil planting area; result in an increase in building height to accommodate natural ventilation for the basement; and reduce parking provision to accommodate a 90 degree turn in the access. The advice is acceptable and reasonable. Furthermore the built form element/envelope depicted for Lot 15 (inclusive of the driveway to the basement capark) in the Master Plan/Deemed DCP is only an indicative builtform as the Master Plan/Deemed DCP provides only a conceptual framework for the development of the Prince Henry site. In fact, the more current control, the DCP – Prince Henry Site, states that the vehicular access point along the eastern boundary (to a single level basement carpark) is only an “indicative vehicular entry point” (Figure 8 Precinct P1-1) and that “In multi-unit housing developments, residents and visitor carparking is to be provided below the building to which it is allocated” (Section 6.3 Vehicle Access and Parking, page 45). As the proposal is for a row of attached Torrens-titled dwelling houses, the requirement for a basement carpark is not strictly applicable.

 

       Direct off-street carparking instead of basement garages creates danger to pedestrians and children

Comment: This objection is addressed in Section 10.4.3 below. The provision of direct at-grade carparking for dwelling houses is not atypical of most residential areas and is permissible for dwelling houses under Council’s DCP-Parking. Accordingly, with a low traffic generation rate equivalent to on average only one vehicle every five minutes, the proposed access arrangement is reasonable and acceptable. Furthermore, in terms of design, each driveway will rise gently at a 1:20 maximum grade such that there will be adequate sight-line to the footpath and street. The driveways have been adequately configured and spaced apart to ensure minimal impact on pedestrian movement on the footpath. Additionally, the proposed access arrangement including layout and circulation is in accordance with Australian Standard AS2890.1-2004 (Parking Facilities: Off-street Carparking). The combined effect of a low traffic generation rate and driveways designed to appropriate standards would minimise any potential for danger to pedestrians.

 

       Loss of street parking sets a precedent

Comment : The proposed at-grade parking is not considered to set a precedent for other future developments because the context and circumstances of Lot 15, the subject site, are unique to this allotment. These circumstances have been assessed on the merits of the case (as discussed in Section 10.1.2 (Clause 40A Master Plan); Section 10.3.1 (Vehicular access and carparking) and Section 10.4.3 below) such that the provision of at-grade carparking with its attendant acceptable impact on on-street parking is justified. It should be noted that no other allotment with a similar site configuration dedicated for terrace housing (and potentially the subject of a similar at-grade carparking arrangement) exists on Gubbuteh Road.

 

       Direct off-street driveways occupy 46% of street frontage and  dominate streetscape

Comment : This objection is addressed in Section 10.3.1 below. Notwithstanding that the proposed driveways would take-up a combined 46% of street frontage along Gubbuteh Road, the overall design and presentation of the proposed building will ameliorate any potentially detrimental visual effect that the driveways would have on the streetscape. In particular, the proposal will have a bulk and scale that will not be visually intrusive, but rather complementary to, the streetscape. The design includes the use of timber batten to the panel-tilt garage doors to obscure any detrimental visual effect that the garages may have on the streetscape. Furthermore, the variable 3m to 6m setback of the proposed buildings from Gubbuteh Road (in excess of the required 3m setback under the DCP – Prince Henry Site), will provide for front garden areas to these streets and assist in softening the presentation of the building to the streets and any associated carparking at the front.

 

       Soft landscaping does not comply with DCP – Prince Henry Site

Comment: This objection is addressed in Section 10.3.1 below. The proposal provides for 16 per cent soft landscaping area which does not comply with the 20 per cent requirement. The applicant advises that the shortfall occurs because the use of permeable pavers rather than turf in the rear garden area is more appropriate in order to minimise watering for turf. Furthermore, the garden areas are relatively small such that any turf or plantings in the area would be difficult to adequately maintain due to, amongst other things, the inconvenient access for mowing which would need to be (gained) through the terrace (dwelling house). The applicant’s advice is considered reasonable and acceptable especially given that the provision of permeable paving facilitates on-site deep soil water absorption and conserves the use of water for turf. Furthermore, should future residents wish to replace the paved areas with plantings, the areas will be readily suitable for this because they are made up of deep soil areas (ie., are not built over a basement garage).

 

       Front garages result in rear setback encroachment

Comment: The garages of all proposed dwellings are recessed into the building line of the proposal, are not considered to add to visual bulk to the streetfront. The inclusion of garages within the building envelope is supported from both a design and streetscape point of view and any potential building impact on the rear setback is not considered significant especially given that the encroachment into the rear setback is in minor and localised sections of the kitchen area of each dwelling (see also Section 10.3.1 below). 

 

       Proposal fails to comply with the side setback requirement indicated in the Master Plan

Comment :  The Master Plan/Deemed DCP indicates a conceptual building envelope in Lot 15 that is setback from the common boundary to the objectors’ property on the adjoining Lot 2 (No.34 Gubbuteh Road). The objector estimates the setback to be “around 6m to the carpark entrance and a further 6m to the terrace housing” (that is, a rough measurement of the distance between the building envelope and the common eastern boundary). However, it should be noted that this estimation is based on concept plans contained in an overall (concept) Master Plan/Deemed DCP prepared for the subject site earlier in the master planning stage of the Prince Henry Site. More precise controls are now provided in the DCP – Prince Henry Site (approved 27 July 2004) which, in relation to the subject site, Lot 15, does not prescribe any side setback requirement from the eastern (and western) side boundaries, that is, a zero lot alignment from east to west with the allowable building envelope extending from the eastern to the western boundary. Notwithstanding the DCP’s provision of a zero lot alignment on the eastern (and western) boundary, the applicant has provided a 4.5m setback to the building from the eastern common boundary to No. 34 Gubbuteh Road (see Section 10.1.2 (Clause 40A Master  Plan) below).

 

       No link to UNSW site

Comment: The provision of a vehicular and/or pedestrian link through the subject site to connect the Prince Henry Site with the adjoining UNSW site to the north (that has an approved Stage 1 DA for residential sub-division) has been discussed extensively with both applicants for the subject DA and the Stage 1 sub-division DA for the UNSW site. Consequently, agreement has been reached on both sides for the future provision of a pedestrian link through Lot 24 (owned by Stockland) connecting with a dedicated pedestrian link between Lots 63 and 64 of the approved Stage 1 residential sub-division of the UNSW site. The applicant has also advised that the relocation of the substation to accommodate such a link is not feasible because of the lack of any alternative functional sites in the vicinity for such a critical infrastructure. Furthermore, it would be unreasonable to compel the applicant to provide a public access link over privately owned land that is the subject site, Lot 15, where no corresponding connection has been provided in the UNSW site under the Stage 1 concept approval. In view of this, the provision of a second pedestrian link through Lot 15 as requested by the objectors at No. 34 Gubbuteh Road is considered unwarranted and unreasonable.

 

       DA proposal is contrary to Council’s PreDA advice (PL/12/2007)

Comment: Council’s PreDA advice, amongst other things, raised concerns regarding the potential effects of the proposed at-grade carparking provision and the absence of a vehicular/pedestrian link to the UNSW site. These issues are addressed in  sections  10.1.2 and 10.4.3 of this report

 

6.      TECHNICAL OFFICERS COMMENTS

 

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

 

6.1    Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

“Background

The subject site is located within the Prince Henry Hospital Heritage Conservation Area under Randwick Local Environmental Plan Amendment No.28.  The site and a number of the buildings are listed on the State Heritage Register, in recognition of its Aboriginal, natural, landscape and built heritage values. 

 

The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site. 

 

The Site

The sites are in the north western corner of the development area, within Precinct P1 as identified in the Prince Henry Site Development Control Plan.  Lot 15 is bounded to the north by the UNSW playing fields, to the east by single dwelling lots, to the south by Gubbuteh Road and to the west by medium density Superlot 24. 

 

The Proposal

The proposal for Superlot 15 comprises a residential development in the form of 14 attached two storey dwellings.   Carparking is provided in the form of a single ground level garage to each dwelling.  The dwellings are generally identical.  Open space to individual dwellings is provided in the form of a small courtyard in the front setback area and a more generous rear courtyard. 

 

Approvals

As Prince Henry is included on the State Heritage Register (SHR), any development generally needs to be the subject of an Integrated Development Application or a prior application under s60 of the NSW Heritage Act.  As the NSW Heritage Office is the consent authority for the application, Council cannot issue approval until the Heritage Office has provided conditions of consent. 

 

Submission

The development application submission includes a Heritage Impact Statement, prepared by Tanner Architects which notes that the site has little historical significance as it supported no building functions and it is located adjacent to buildings constructed during the post 1960s phase of the development of the Coast and Prince Henry Hospitals, and has no landscape elements of significance.  The HIS advises that Lot 15 is located outside the Aboriginal and Historical Archaeological Zone as denoted in the Prince Henry Conservation Management Plan May 2002 Figure 4.3. The HIS also indicates that lot 15 is located over 260 m from the Artisan’s Cottages (lot 26) and the Matron Dickson Building (Lot 27) both of which are located within the Historic Precinct. 

 

Comments

The proposal appears to be generally consistent with the Performance Criteria and Controls of the Prince Henry Site Development Control Plan in relation to Built Form and Heritage. 

 

 If the site has been remediated, it is unlikely that further items of Aboriginal or Historical significance remain. 

 

Subject to consent conditions, the proposal is unlikely to impact on the Aboriginal and Historical Archaeological significance of the site.

 

Recommendations

 

The following conditions should be included in any consent, in addition to any provided by the NSW Heritage Office:”

 

(Comment: The Heritage Planner’s recommended conditions will be applied in any consent for the application should approval be granted).

 

6.2    Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of a 14 two storey terrace houses and Torrens Title subdivision.

 

This report is based on the following plans and documentation:

  Architectural plan by Tony Caro Architecture dated March 2007, stamped received by Council 29 May 2007;

  Statement of Environmental Effects by Helen Mulcahy Urban Planning Pty Ltd dated May 2007, stamped received by Council 29 May 2007.

 

Landscape Comments

While there is no vegetation within the site due to the extensive remediation works performed, the avenue of fourteen (14) recently planted street trees along the length of the Gubbuteh Road frontage will be  impacted by the construction of fourteen (14) individual crossings as shown. A condition requiring that the applicant cover all costs associated with the planting of replacement street trees in their new locations to Council’s requirements has been applied.

 

Further details of all proposed landscape works within the site will also need to be provided in order to confirm that this proposal will comply with the landscape performance criteria and controls set out for Precinct P1, in the Prince Henry DCP, with a particular emphasis on ensuring that any new landscaping compliments rather than dominates nearby areas of ESBS, and that no overshadowing of these areas will occur.

 

The submitted SEE also states that extensive flora and fauna studies undertaken as part of the master planning exercise confirmed that while there are areas of remnant Eastern Suburbs Banksia Scrub (ESBS) within a separate lot on the opposite side of Gubbuteh Road, identified as the ‘Northern Bushland Park’, there is an absence of any threatened fauna or flora species at Lot 15, and as such, the proposed development would not result in any adverse impacts.

 

Drainage Comments

Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 15 being discharged through the underground drainage system into the on-site stormwater detention system within Lot 20.

 

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

 

Traffic Comments

Vehicular Access - The submitted plans indicate driveways that are 2.4 metres wide whilst the Statement of Environmental Effects states that the driveways are 3m wide. The assessing officer is advised that Council’s DCP- Parking requires the driveways to be 3 metres wide for each of the terraces. Also, driveway openings are usually required to be offset by at least 1 metre from the side boundary, however due to the narrow nature of the site the proposed reduction in offset is acceptable.

 

On-site Parking provisions – the proposal provides 2 onsite parking spaces for each dwelling, configured as a single car garage with a carspace provided in tandem. This arrangement is permissible for dwelling houses by Council’s DCP- Parking.

 

Should the application as submitted be approved the following conditions shall apply:”

 

6.3    Building Services Comments

 

No objection has been raised to the development application in relation to building services subject to appropriate conditions.

 

6.4    Environmental Health Comments

 

No objection has been raised to the development application in relation to environmental health subject to appropriate conditions.

 

6.5    Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter issued to Council on 11 October 2007 with its accompanying general terms of approval. The general terms of approval will be included 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 4,000m2 and which must be adopted and in force prior to the grant of development consent. A Master Plan/Deemed DCP  for the Prince Henry Site was adopted on 27 May 2003, with subsequent amendments adopted on 18 October 2005 and 30 May 2006.

 

8.      RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

8.1    Randwick Local Environmental Plan 1998

The Prince Henry Hospital site is zoned Residential 2D, Open Space 6A, and Environmental Protection-Natural Heritage Areas Zone 7 under the Randwick Local Environmental Plan 1998. The subject site is zoned Residential 2D. The proposal is permissible with development consent.

 

The following relevant clauses apply to the proposal (and are addressed in detail in Section 10.1 below):

 

Clause 30A   Development of Certain Land in Zone No. 2D

Clause 40     Excavation and filling of land

Clause 40A   Master plans

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

 

Clause 30A of the Randwick LEP 1998 states that the controls applicable to land Zone 2D are identified in the supporting built form control maps applicable to the specific site (in this case the Prince Henry Site) which are as follows:

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0:82:1

No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 7m

 

Maximum 8.4m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 8m

 

Maximum 8.4m

No (SEPP No1 Objection submitted)

Minimum Landscaped Area (% site area)

Minimum 40%

44%

Yes

 

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 Contaminated Land

     State Environmental Planning Policy 2004 – Application of Development Standards

 

The application of these policies to the proposal is addressed in Section 10.1 below.

 

9.      POLICY CONTROLS

 

9.1    Prince Henry Development Control Plan

The Prince Henry DCP applies to the developable land within the Prince Henry Site and contains controls that are specifically precinct based. The subject site lies within Precinct P1 and, as such, is subject to the following specific precinct controls:

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0.82:1

 No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 7m

 

Maximum 8.4m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 8m

 

Maximum 8.4m

No (SEPP No1 Objection submitted)

Minimum Landscaped Area (% site area)

 

Minimum 40%

44%

Yes

Minimum Soft Landscaped Area (% site area)

 

Minimum 20%

16%

No

Setbacks

Setback from Gubbuteh Road boundary – 3m

 

 

Setback from Rear boundary – 8m

 

 

Side setbacks – nil

 

Setback from Gubbuteh Road boundary – minimum 3m

 

Setback from Rear boundary – minimum 7m

 

Side setback

West – 900mm

East – 4m (from the eastern common boundary to the adjoining property at No. 34 Gubbuteh Road)

Yes

 

 

 

 

No

 

 

 

Yes

 

The DCP also contains a range of performance criteria for five key elements of the DCP namely site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access. The relevant performance criteria are assessed in Sections 10.3 and 10.4 below where any inconsistencies between the proposal and these performance criteria are discussed accordingly.

 

9.2    Development Control Plan - Carparking

The DCP – Parking requires carparking to be provided for dwelling houses at a rate of 2 spaces per dwelling house with 3 or more bedrooms. The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking.

 

9.3    Section 94 Contributions Plan

Section 94 contributions are not payable for developments that meet the Deemed DCP standards as the open space and community facility provisions in the Deemed DCP were designed to meet the requirements of the projected number of residents established in the Deemed DCP. The Master Plan/Deemed DCP projected 14 three-bedroom dwelling units for subject site. The proposal complies with this requirement. Accordingly, a Section 94 contribution does not apply.

 

9.4    Rainwater Tanks Policy, 2003

Council’s Rainwater Tanks Policy requires installation of rainwater tanks for all residential development. Council’s Strategic Planner has advised that the requirement for rainwater tanks does not apply in the subject site as the stormwater from the site will be harvested into designated storage ponds to contribute to the whole of Prince Henry site irrigation needs under the total water cycle strategy of the DCP. The Deemed DCP also recommends collection of roof water for irrigation as per the total water cycle strategy. Furthermore, the applicant has provided a Sustainability Report containing a BASIX assessment and detailing all ESD measures to be applied in the proposed development to achieve the BASIX criteria including the use of water conservation strategies detailing, amongst other things, the use of high efficiency fixtures and fittings, and water-saving landscape irrigation systems. Accordingly, the subject site is exempt from Council’s Rainwater Tank Policy.

 

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)

Section 91 of the EP&A Act relates to development that requires development consent and one or more other approvals under relevant nominated Acts. The former Prince Henry Hospital site is located within a conservation area, which has been gazetted in the State Heritage Register, so that any development proposal requires the consent of the Heritage Council of NSW. Accordingly, the application was referred to the Council as integrated development on 8 June 2007. The Heritage Council has issued its General Terms of Approval for the proposed development which have been incorporated as conditions of consent. 

 

10.1.2        Randwick Local Environmental Plan 1998

 

Clause 21 Sub-division

The draft sub-division plans provided are consistent with the architectural plans that will be the subject of approval if granted. The proposed sub-division is consistent with Part 3.0 of the relevant requirements of the Prince Henry DCP. Standard conditions relating to sub-division will be applied should approval be granted.

 

Clause 30A (2) Development of certain Land in Zone No 2D (maximum Floor

                            Space Ratio)

A floor space ratio of 0.75:1 is applicable to the subject site pursuant to Clause 30A (2) of Randwick Local Environmental Plan 1998. The proposal development has a FSR of 0.82:1.

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 30A (2) of Randwick LEP is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

1.      Whether or not the planning control is a development standard

 

The FSR control in question is a development standard contained in the Randwick LEP 1998.

 

2.      The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

To establish reasonable upper limits for development in residential, business, industrial and special use zones through a limit on the amount of floor space that can be provided. This will help reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.”

 

3.      Consistency of the development with local planning objectives for the locality aims of SEPP No.1 and the objectives of the Act.

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 15, for medium density terrace housing, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP.

 

The proposed development will be consistent with planning objectives for the locality in that: 

1.     It fulfils the Masterplan principle contained in the Prince Henry Masterplan (Section 5.5 page 10) , namely to

 

  Create a new residential and community precinct within a site of natural beauty and heritage significance

  Retain openness and well-being felt by people on the site which is so dominated by the natural elements of open sky, sea and coastal winds.

  New building faces generally to be parallel to street alignments.

 

2.     It will promote the redevelopment of the Prince Henry Site, in the case of Lot 15, for medium density terrace style attached dwellings to form an appropriate built form and massing in this lot which has been identified for medium density and height as an interface between the high density development on Lot 15 to the west and the low density dwelling house lots to the east.

3.     It will implement the Prince Henry DCP Precinct P1 Objectives (Section 7.1, page 49) namely “To ensure a consistent built edge along park and street frontages” and “To encourage a mix of housing types within the precinct whilst maximising view sharing”

4.     The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to :

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(i)       The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(ii)      The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the FSR control is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the overall Prince Henry Master Plan/Deemed DCP and DCP – Prince Henry.

 

4.      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable in the subject site in that it would not achieve a reasonable and efficient level of redevelopment for the subject land vis-à-vis the need to provide an appropriate mix of apartment sizes whilst maintaining adequate level of amenity for the proposed development especially in terms of solar access, ventilation and landscaping.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land but with a better urban outcome in terms of the following:

     bulk and scale that would not be visually intrusive in the existing coastal and heritage setting given that the proposal will occupy a smaller footprint than that allowed for in the DCP (thus providing for open space at ground level)

     have an architectural urban design comprising primarily a builtform that crucially will strengthen the streetscape and edge along the relevant section of Gubbuteh Road as envisioned in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP.

     the façade of the new building will be designed to reduce its apparent scale and respond to the contextual character, including a balance of vertical and horizontal elements which provide symmetry to the building, and articulation and modulation that breaks the visual bulk of the building form.

       the proposal will also maintain adequate levels of amenity for the proposed development especially in terms of solar access, ventilation and landscaping.

     the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access, privacy and views (see Section 10.4.2.3 below).

     the increase in FSR will be minor and not result in a builtform that would be contrary to the above-listed planning objectives for the locality in the preceding section above.

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets with the purpose of Clause 30A(2).

 

5.      Whether the objection is well founded.

 

An assessment of the SEPP No. 1 objection indicates that the applicant has:

     Articulated the underlying stated objectives of the standard clearly.

     Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

     Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

     Stated why compliance with the development standard is unreasonable and unnecessary, namely that:

     The proposed non-compliance do not result in any inconsistencies with the objectives of either the 2D zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the FSR standard.

     The extent of the non-compliance is relatively minor and does not result in any substantive adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining development

     The proposal will provide a high quality contemporary design that is sympathetic to the desired future character of the area.

     The scale and nature of the non-compliances do not give rise to matters of state or regional significance, nor do the non-compliances adversely impact the public interest.

 

It is considered that the SEPP 1 objection is well founded and should be supported considering that the proposed building will not be visually intrusive in the existing coastal and bushland setting and is consistent with the desired future character of the Prince Henry Site as expressed in the Prince Henry Master Plan/Deemed DCP and the DCP – Prince Henry Site.

 

Clause 30A (4) Development of certain Land in Zone No 2D (maximum

                            building and wall height)

 

The proposal does not comply with the maximum building and wall height control of the Randwick Local Environmental Plan 1998 as follows:

 

Control

Requirement

Proposal

Complies

Maximum Wall Height

Max 7m

Max 8.4m (localised at “pop-up” feature roof elements)

No

Maximum Building Height

Maximum 8m.

 

Max 8.4m (localised to top of the “pop-up” feature roof elements)

 

No

 

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 30A (4) of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

1.      Whether or not the planning control is a development standard

 

The building and wall height controls in question are development standards contained in the Randwick LEP 1998.

 

2.      The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

" to set upper limits for the heights of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas”.

 

3.      Consistency of the development with local planning objectives for the locality, aims of SEPP No.1 and the objectives of the Act.

 

The proposed development will be consistent with planning objectives for the locality in that: 

1.     It fulfils the Masterplan principle contained in the Prince Henry Masterplan (Section 5.5 page 10) , namely to

  Create a new residential and community precinct within a site of natural beauty and heritage significance

  Retain openness and well-being felt by people on the site which is so dominated by the natural elements of open sky, sea and coastal winds.

  New building faces generally to be parallel to street alignments.

2.     It will promote the redevelopment of the Prince Henry Site, in the case of Lot 15, for medium density terrace style attached dwellings to form an appropriate built form and massing in this lot which has been identified for medium density and height as an interface between the high density development on Lot 15 to the west and the low density dwelling house lots to the east.

3.     It will implement the Prince Henry DCP Precinct P1 Objectives (Section 7.1, page 49) namely “To ensure a consistent built edge along park and street frontages” and “To encourage a mix of housing types within the precinct whilst maximising view sharing”

4.     The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the Prince Henry site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

The aims and objectives of SEPP No.1 are to :

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in section 5 (a) (i) and (ii) of the Act.”

 

The objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(i)       The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purposes of promoting the social and economic welfare of the community and better environment;

 

(ii)      The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the FSR control is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the overall Prince Henry Master Plan/Deemed DCP and DCP – Prince Henry.

 

4.      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed maximum building and wall height would be unreasonable in the subject site for the following reasons:

 

     It would preclude the provision of a building with a distinct architectural urban design comprising primarily a linear builtform with a feature “watch-tower/pop-up” element to provide visual interest and symmetry to the overall builtform along Gubbuteh Road as envisioned in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP.

     It would preclude the provision of an appropriately articulated built edge along the relevant section of Gubbuteh Road.  

     The breaches (in the “watch-tower/pop-up” sections) are so localised and minor that any requirement to delete the areas in breach of the height control will be of no significant benefit in terms of the amenity of adjoining and surrounding properties.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land but with a better urban outcome in terms of the following:

 

     the proposed bulk and scale that would not be visually intrusive in the existing coastal setting given that the proposal will occupy a smaller footprint than that allowed for in the DCP (thus providing for larger open spaces at ground level)

     it would allow for a reasonable redevelopment of the land with landscaping and setbacks that generally comply with the requirements of the Randwick LEP 1998 and Prince Henry DCP. In addition, the bulk and scale will not be visually intrusive in the context of the existing streetscape and proposed future developments, and the bushland within the Prince Henry site. The proposed new building will also be sympathetic in bulk and scale to the Prince Henry Heritage Conservation Area and its built and landscape heritage elements.

     the maximum breach occurs in 4 localised sections evenly distributed along the north-elevation fronting Gubbuteh Road the form of a sloping feature roof that seeks to add visual interest.

     the new building will not have an adverse impact on the amenity of adjoining and neighbouring properties in terms of solar access and privacy (see Section 10.4.2.3 below).

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets with the purpose of Clause 30A(4).

 

5.      Whether the objection is well founded.

 

An assessment of the SEPP No. 1 objection indicates that the applicant has:

 

     Articulated the underlying stated objectives of the standard clearly.

     Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

     Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

     Stated why compliance with the development standard is unreasonable and unnecessary, namely that:

 

     The proposed non-compliance do not result in any inconsistencies with the objectives of either the 2D zone in which the site is located or the general objectives for the built and natural environment and amenity or the objectives of the FSR standard.

     The extent of the non-compliance in both instances is relatively minor and does not result in any substantive adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining development

     The proposal will provide a high quality contemporary design that is sympathetic to the desired future character of the area.

     The scale and nature of the non-compliances do not give rise to matters of state or regional significance, nor do the non-compliances adversely impact the public interest.

 

It is considered that the SEPP 1 objection is well founded and should be supported having regard to the minor breach in the maximum wall and localised breach in the building height. In addition, the proposed building will not be visually intrusive in the existing coastal setting nor detrimentally affect the amenity of adjoining and surrounding properties.

 

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 to construct foundations for the buildings. 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 scenic quality 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 for the Prince Henry site, inclusive of the subject site, was adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The proposal is generally consistent with the Master Plan/Deemed DCP with the exception of the setback of the proposed east elevation from the eastern boundary in that the Master Plan/Deemed DCP indicates, in relevant parts of the document, a built form element/envelope in Lot 15 that is setback from the eastern boundary to the adjoining Lot 2 (No.34 Gubbuteh Road) by approximately 10m - 12m. Notwithstanding this discrepancy between the proposal and the Master Plan, the proposal is considered acceptable and reasonable for the following reasons:

 

  The built form element/envelope depicted for Lot 15 in the Master Plan/Deemed DCP is only an indicative envelope as the Master Plan/Deemed DCP  provides only a conceptual framework for the development of the Prince Henry site.

 

  The DCP – Prince Henry site provides more precise controls for the development of the Prince Henry site and in relation to  Lot 15, does not prescribe any side setback requirement from the eastern (and western) side boundaries, that is, a zero lot alignment from east to west with the allowable building envelope extending from the eastern to the western boundary.

 

The Master Plan/Deemed DCP also indicates that carparking for Lot 15 be provided in a single level basement carpark accessible via a single entry/exit point adjoining the eastern boundary whereas the proposal provides for carparking at grade off Gubbuteh Road with each dwelling having a single car garage with tandem cars space. In support of the at-grade parking the applicant has advised as follows:

 

  A basement carpark would project almost 3m beyond the building footprint into the rear setback area, which is contrary to Council’s DCP requirements and would have the effect of reducing the amount of deep soil planting.

 

  A basement carpark would increase the height of the overall development by 1.2-1.5 m in order to achieve natural ventilation of the basement carpark. Such an elevation would serve to dislocate the internal living areas from the private open space.

 

  Due to the length of the ramp for a basement carpark and the need to turn 90 degrees, two terraces would have only one parking each.

 

The applicant’s advice is considered reasonable and acceptable having regard again to the fact that the built form element/envelope depicted for Lot 15 in the Master Plan/Deemed DCP is only an indicative envelope as the Master Plan/Deemed DCP  provides only a conceptual framework for the development of the Prince Henry site.

 

Clause 43 - Protection of heritage items, heritage conservation areas and relics

Clause 43 of RLEP98 relates to heritage items and heritage conservation areas. The subject site lies within the Prince Henry Site which is located within a conservation area that has been gazetted in the State Heritage Register. A Heritage Impact Assessment has been prepared and lodged with the application which has been assessed by Council’s Heritage Planner. In addition, Council has referred the proposal to the Heritage Council of NSW as an integrated development and General Terms of Approval have been issued by the Heritage Council.

 

10.2           Relevant State Environmental Planning Policies

 

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

 

SEPP 55 –Remediation of Contaminated Land

This SEPP provides a state wide practice for the remediation of contaminated land. In relation to Lot 15, the subject site, a site audit statement (SAS) has been issued on 2 May 2005 indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

SEPP 2004 – Application of Development Standards

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

 

Clause 7 of the Draft SEPP specifies that an application for departure from a development standard must demonstrate that the departure will result in a better environmental planning outcome than that which could have been achieved on the site had the standard been complied with and that the proposed development will be in the public interest by being consistent with any aims and objectives expressed or implied from the zone, the development standard, or any relevant environmental planning instrument. The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the Draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however, it is considered that the proposal results in a better environmental outcome on the site than that which could have been achieved had the standards been complied with due to its design quality, in particular its scale and form within the streetscape.

 

10.3           Policy Controls – 79C(1)(a)

 

10.3.1        Development Control Plan – Prince Henry Site

The proposal has been assessed in relation to the Prince Henry Development Control Plan.  The DCP provides a framework for the redevelopment of the Prince Henry site containing performance criteria and controls to guide builtform, provide environmental and amenity standards, and give appropriate heritage protection for the site both on a precinct-by-precinct basis as well as a general overview.

 

The site the subject of this development application is located within Precinct P1 of the DCP and complies with all the applicable precinct-specific controls with the exception of the FSR, wall and building height, rear setback and vehicular access requirements. The variation from the FSR, and wall and building height controls have been assessed under the relevant SEPP 1 objections (see Section below). The other variations from the DCP are assessed as follows:

 

Rear Setback

The DCP requires an 8m rear setback to be provided to allow for adequate open space at the rear. The proposed building will comply with the 8m rear setback requirement apart from localised encroachments where the kitchen area of each dwelling extends into the setback by 1m for a length of 3m. This encroachment is considered minor and reasonable as it will have minimal impact on visual quality and function of the rear open space. Rather, the minor encroachment allows for an appropriate interface between the building and the rear open space through the provision of an outdoor BBQ and deck area abutting the extended kitchen, in effect bringing the external open space into the internal living areas of each dwelling and vice versa.

 

Vehicular access and carparking

The DCP indicates that a single vehicular access point along the eastern boundary to a single level basement carpark is to be provided. The applicant proposes carparking at grade off Gubbuteh Road with each dwelling having a single car garage with tandem cars space. The variation from the DCP is considered acceptable and reasonable for the following reasons:

 

1.    The DCP states that the access point is only an “indicative vehicular entry point” (Figure 8 Precinct P1-1). Accordingly, this description does not stress a definitive location and form of access point for development on the subject site and allows for variation where justified and appropriate. The applicant has provided appropriate reason for departure from the DCP as described in Section above. 

 

2.    The DCP – Prince Henry Site states that “In multi-unit housing developments, residents and visitor carparking is to be provided below the building to which it is allocated” (Section 6.3 Vehicle Access and Parking, page 45). As the proposal is for a row of attached Torrens-titled dwelling houses, the requirement for a basement carpark is not strictly applicable.

 

The DCP also states that “Driveways, carparking spaces and car parking structures are not to occupy more than 35 per cent of the width of the allotment” (Section 6.4 page 45). The proposal’s driveways will occupy approximately 46 per cent of the width of individual allotments. Notwithstanding this, the proposed buildings will have a bulk and scale that will not be visually intrusive, but rather complementary to, the streetscape. The variable 3m to 6m setback of the proposed buildings from Gubbuteh Road (in excess of the required 3m setback under the DCP – Prince Henry Site), will provide for front garden areas to these streets and assist in softening the presentation of the building to the streets and any associated carparking at the front. Furthermore, the use of timber batten to the panel-tilt garage doors further obscures the visual-effect of the garages to the public.  

 

Soft Landscaping

The proposal provides for 16 per cent soft landscaping area which does not comply with the 20 per cent requirement. The applicant advises that the shortfall occurs because of “a development decision to install permeable pavers rather than turf in the rear garden area. This decision was made to minimise the requirement for watering the turf and the areas were small and unlikely to be adequately maintained as access for mowing would need to be (gained) through the terrace (dwelling house)”. The applicant’s advice is considered reasonable and acceptable especially given that the provision of permeable paving facilitates on-site deep soil water absorption and conserves the use of water for turf. Furthermore, should future residents wish to replace the paved areas with plantings, the areas will be readily suitable for this because they are made up of deep soil areas (ie., are not built over a basement garage). In effect, the total soft landscaping area of 1152 sqm and the permeable paved area of 527 sqm would yield a total deep soil area of 1679 sqm.

 

Apart from the above non-compliances, the proposal generally complies with the range of performance criteria for the key elements of the DCP including site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access.

 

10.3.2        Development Control Plan - Parking

The proposal will provide two carparking spaces per dwelling which complies with the numerical requirements of the DCP – Parking (2 spaces per dwelling house with 3 or more bedrooms).

 

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

 

10.4.1 Natural Environmental Impacts

 

The subject site comprises land that has been cleared of all built structures and landscape features; subjected to previously approved site preparation/levelling and civil works; and currently used as a construction workers’ carpark. As such, the site contains no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.  

 

The Northern Bushland Park, containing Eastern Suburbs Banksia Scrub, is located in the adjoining Lot 21 approximately 12m to the south-east. The proposal will have no effect on this bushland in terms of overshadowing.

 

10.4.2 Built Environmental Impacts

 

10.4.2.1 Urban Design

The proposal will comprise attached two-storey dwellings fronting Gubbuteh Road with a north-south building alignment determined and shaped by the east-west orientation of the allotment.

 

The proposed buildings will have a bulk and scale that will not be visually intrusive in, but rather complementary to, the streetscape. The variable 3m to 6m setback of the proposed buildings from Gubbuteh Road (in excess of the required 3m setback under the DCP – Prince Henry Site), will provide for front garden areas to these streets and assist in softening the presentation of the building to the streets.

 

The architectural design of the proposed terrace houses is considered to be of good quality and will complement the architectural style of the buildings already approved in other lots within the Prince Henry site (such as  Lots 19 and 24 which will be modern contemporary designed terrace-style and multi-unit residential buildings respectively). The raised roof design with punctuated by “watch-tower” elements that result in localised breaches of the maximum wall and building height control are considered to have merit and provide for good modulation of the proposed building.

 

In terms of its massing, the proposal essentially will have a low to medium-scaled built form with a well articulated façade with modulated framed bay design interspersed with indentations and louvre elements.

 

A variety of external building finishes as reflected in a sample board submitted with the application will give expression to the architectural form and visual character of the proposed development. The sample board contains a good balance of natural materials such as timber (for feature walls, panel-lift doors and louvres) and man-made materials such as fibre cement, masonry, metal cladding and glass to create appropriate articulation and modulation and provide a quality visual interest for the development. In addition, the facade composition achieves an appropriate balance of vertical and horizontal elements, which provide symmetry to the terrace houses.

 

Given that the proposal essentially is for a series of attached two-storey dwelling houses it does not fall within the provisions of SEPP 65, and accordingly, does not require a review by the SEPP 65 Design Review Panel. Nevertheless, the proposal was referred to the Panel for comments on 3 July 2006 in view of its location within the Prince Henry site. The Panel has found the proposal satisfactory on all the SEPP 65 assessment criteria with the Panel’s comments listed (in italics) below (followed by Council’s comments wherever necessary):

 

1. Relationship to the Context of the Proposal

 

The critical site / context issue associated with this application is achieving robust and legible public connections to the UNSW site to the north, which is subject to a redevelopment proposal currently.  It is critically important that future connections are put in place now, so that the rear boundary does not form a permanent barrier and that each site does not develop as an autonomous enclave. Such connections need to be shown on the DA plans.

 

The Panel has raised this issue on numerous occasions over many months in relation to both this site and the adjoining site to the north. There has been no action has been taken to this important issue, therefore the Panel strongly recommends that at least two new connections north from Gubbuteh Street be provided at either end of this development site; These should be public footpaths and associated traffic control measures if required (for example the apartment building to the west could have its driveway come off a new public connection). Continuity of width and a clear alignment are very important considerations, for legibility, good access and urban integration (a dog-leg walkway behind a substation would not be acceptable). The opportunity to achieve such a link at the eastern end of the site that does not require a dogleg by establishing a path at an angle to the side boundary should also be investigated.

 

The Panel recommends that a 6 metre wide reserve is preferable. The most walkable, safest, most permanent and durable connections are public streets. The applicant should refer to the recent UDAS publication on Subdivision, available from the NSW Department of Planning. The Panel strongly recommends that the substation be relocated, and that a public connection be created at the eastern end. This is likely to mean deleting a town house (relocating the associated FSR elsewhere on the site) or resuming the house adjoining to the east - minor issues compared to creating a dysfunctional urban pattern for future generations. 

 

The Panel had previously commented favourably on the design’s otherwise excellent urban presence, well related to the disparate scale of the future buildings in the street. The Panel also noted some refinement of the street tree planting, nature strips and on-street parking had been achieved.

 

Comment: The pedestrian link to the adjoining UNSW land to the north will be provided via the adjacent super lot, Lot 24, as part of the approval granted for DA No. 1107/2006 for Lot 24. Accordingly, the Panel’s requirement for a pedestrian and/or vehicular link along the eastern end of the subject site is considered unwarranted. The applicant has also advised that the relocation of the substation to accommodate such a link is not feasible because of the lack of any alternative functional sites in the vicinity for such a critical infrastructure. Furthermore, it would be unreasonable to compel the applicant to provide a public access link over privately owned land that is the subject site, Lot 15, where no corresponding connection has been provided in the UNSW site under the Stage 1 concept approval. 

 

2.         The Scale of the Proposal

The proposed subdivision and lot size is appropriate, and the variety of 4 versions of the house type will provide reasonable housing choice.

The Panel was disappointed that the occasional 3 storey house had been deleted, as they well modulated the street façade and building silhouette. The Panel recommends that at least roof terraces be investigated instead, even if they slightly break the 8 meter overall height limit.

Comment: The pre-DA presentation to the Panel included a third storey component in the development well in breach of the Randwick LEP. The Panel’s requirement to reinstate this third storey component is not supported because of the potential visual bulk and scale issues this may raise. The current breach in height in the “watch-tower/pop-up” sections is considered adequate to provide for the necessary modulation in the street façade and building silhouette.

 

 

 

3.         The Built Form of the Proposal

 

Acceptable – the houses with vertical emphasis provide a fine rhythm to the streetscape.

 

Despite modifications, the rear setback strategy has clear benefits in terms of privacy between neighbours, and creating a variety of useable spaces in the compact rear gardens.

 

4.         The Proposed Density

 

Acceptable.

 

5.         Resource and Energy Use and Water Efficiency

 

Well considered.

 

Rainwater tanks have now been sensibly located under the rear decks and solar hot water units on all roofs

 

6.         The Proposed Landscape

 

More work has now been done on the landscape design, which now complements the good qualities of the architecture.

 

7.         The Amenity of the Proposal for its Users

 

The arrangement of kitchen / living and courtyard, all north facing, was strongly supported.

 

The studies at the entries were an innovative initiative.

 

North-facing toplight and natural ventilation over the stairs and bathrooms / studies in the centre of the plan should preferably be provided for all houses.

 

It is suggested that some of the units could be made at least partially accessible to wheelchair users by eliminating the ground floor steps.

 

Comment: A condition will be applied requiring the provision of openable skylights over internal stairs, bathrooms and laundry room on the first floor will be applied.

 

It should be noted that, as the proposal contains 14 dwellings, no adaptable dwellings for people with a disability is required under the DCP – Prince Henry. Notwithstanding this, the removal of ground floor steps to facilitate wheel-chair access can be undertaken reasonably easily through future amendments to the DA as and when the specific needs of residents in relation to disabled access becomes apparent in the future.

 

8.         The Safety and Security Characteristics of the Proposal

 

Excellent overlooking to and down the street is provided.

 

9.         Social issues

 

Less choice of housing now provided, as the houses are now more similar to each other.

 

Comment: The provision of three bedrooms for all 14 dwellings seeks to optimise the proposed Torrens-title sub-division which is considered acceptable and reasonable.  

 

10.      The Aesthetics of the Proposal

 

Well designed, further refinement carried out during design development.

The material palette is well considered and suitably understated, with occasional highlight colours only.

 

SUMMARY AND RECOMMENDATIONS

This is a fine project, which performs well across all SEPP 65 areas of consideration.

 

However the Panel encourages the applicant to fully explore the public benefits and longer-term vision of making public connections to the north, which must be embodied in this DA. The Panel would like to see this proposal again, when the public domain connections are fully incorporated.

 

Comment: In view of the assessment made to each of the Panels concerns above and given the applicant’s agreement to address a number of issues by way of conditions of consent, referral of the proposal to the Panel is now not considered necessary. The Panel members have been advised of the applicant’s response accordingly.

 

10.4.2.2    Heritage Impact

The Prince Henry site and a number of the buildings on it were listed on the State Heritage Register in May 2003. The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan for residential use of the former hospital site.  Specific Elements Conservation Policies (SECPs) are being prepared progressively for individual buildings and items. The site also encompasses Aboriginal, natural, landscape and built heritage values. The built heritage on the site includes many buildings which were part of the former Coast and Prince Henry Hospitals on the site.

 

In relation to the subject site, a Heritage Impact Statement (HIS), prepared by Tanner Architects Pty Ltd, was submitted with the application.  The HIS indicates that the site has minor historical significance for its historic associations with the post 1960s phase of the development of the Coast and Prince Henry Hospitals, and has been cleared of built structures and landscape features.

 

Council’s heritage planner assessed the proposal and finds that it is generally consistent with the Performance Criteria and Controls of the Prince Henry Site Development Control Plan in relation to Built Form and Heritage.  Subject to consent conditions, the proposal is unlikely to impact on the Aboriginal and Historical Archaeological significance of the site.

 

Overall, the proposal is considered reasonable and acceptable in terms of its impact on the heritage significance of the Prince Henry site given that there are no heritage significant items in and around the subject site and given that the subject site and its immediate surrounds have been cleared of built structures and landscape features.

 

The Heritage Council of NSW has provided appropriate conditions in its General Terms of Approval issued for the proposed development.

 

10.4.2.3   Sunlight, Privacy and Views

 

The subject site is bounded by Gubbuteh Road on the southern side. Shadow diagrams submitted with the application indicate that at 9am overshadowing will occur predominantly onto Gubbuteh Road and minimally onto the adjoining western Lot 24. By 12 noon, all shadows from the proposal will fall wholly within Gubbuteh Road. By 3:00pm, shadows will remain predominantly within Gubbuteh Road with a smaller portion falling on the south-western corner (front yard) of the adjoining eastern property at No. 34 Gubbuteh Road. This afternoon overshadowing of the front yard of No.34 Gubbuteh Road is considered acceptable as the north-facing rear yard No. 34 Gubbuteh Road will not be overshadowed by the proposal at all.

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter and that solar access to at least 50% of the communal and private open space of adjoining properties must be achieved for at least 3 hours 9am to 3pm midwinter. All north-facing rear courtyards will have full solar access all day with sunlight penetrating the living areas of the proposed dwellings. Furthermore, all dwellings in the proposal will have dual aspect so that most dwelling units within the proposed development will have access to the minimum 3 hours solar access between 9am and 3 pm in mid-winter.

 

In terms of privacy, the proposal will perform well in that:

 

  All dwellings will face the streetfront to Gubbuteh Road and living areas will have north-facing openings to the rear courtyards.

 

  Windows on the first floor of the eastern-end dwelling, east elevation, will be linked to bathroom and bedrooms (and not to living rooms) which are primarily uses that will not be conducive to overlooking into the adjoining eastern property at No. 34 Gubbuteh Road. A similar configuration of windows is proposed on the first floor of the western-end dwelling so that no loss of privacy to the adjoining western allotment, Lot 24, will occur.

 

  The proposal’s landscape plan indicates substantial screen planting along the common eastern boundary to No. 34 Gubbuteh Road which will be further reinforced by way of landscaped conditions should approval be granted.

 

 The proposal will have generous separation distances of (min) 11 m to (max) 20m between the proposed Northern and Southern blocks.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP as it complies with the maximum storey height control of the DCP – Prince Henry Site. Furthermore the proposal, in general, is not considered excessive in height, bulk and scale.

 

Overall, the proposal is satisfactory with regard to solar access, privacy and views.

 

10.4.3        Traffic, access and parking

The applicant’s traffic report indicates that the proposal is expected to generate approximately 12 vehicles per hour two-way during the morning and afternoon peak periods. The proposal will provide for the same number and size of dwellings (ie., 14 three bedroom terrace dwellings) as that projected in the Master Plan/Deemed DCP. The traffic report advises that the expected traffic generation will be low (equivalent to on average only one vehicle every five minutes) which would not have a significant effect on the operation or amenity of the surrounding road network and its intersection. This assessment is considered reasonable and adequate and the proposal will be acceptable in relation to traffic impacts.

 

Concern has been raised by adjoining property owners that the provision of at-grade parking will be dangerous to pedestrians. The proposal provides 2 onsite parking spaces for each dwelling, configured as a single car garage with a carspace provided in tandem. This arrangement is permissible for dwelling houses under Council’s DCP- Parking and not atypical in residential area. Accordingly, the proposed access arrangement is reasonable and acceptable. Furthermore, in terms of design, each driveway will rise gently at a 1:20 maximum grade such that there will be adequate sight-line to the footpath and street. The driveways have been adequately configured and spaced apart to ensure minimal impact on pedestrian movement on the footpath. Additionally, the proposed access arrangement including layout and circulation is in accordance with Australian Standard AS2890.1-2004 (Parking Facilities: Off-street Carparking). The combined effect of a low traffic generation rate and driveways designed to appropriate standards would minimise any potential for danger to pedestrians.

 

Concern also has been raised by adjoining property owners that the provision of at-grade carparking directly off Gubbuteh Road will result in the loss of on-street carparking. There are currently approximately 11 parking spaces available along the site frontage, the provision of the driveway accesses to the dwellings will result in a loss of 5 spaces (that is, 6 street spaces remaining). The applicant advises that the driveway and carparking for each dwelling has been strategically spaced to minimise, as far as possible, the loss of on-street carparking. The applicant provides the following assessment in support of the impact on on-street carparking:

 

     The loss in on-street car parking is minor and will have no material effect on the overall on-street parking provision as there are no major commercial, retail or community uses that have a high demand for on-street carparking in the vicinity of the subject site. The use of Little Bay Beach will be limited by its size and, together with the distance of the Beach from the subject site, minimises the likelihood for competition for on-street parking in the immediate vicinity. 

 

     Council’s DCP- Parking does not include requirements for the provision of visitor parking spaces for dwelling houses. If the development is considered as Multi Unit Housing the DCP- Parking it will require 1 visitor space per 4 dwellings resulting in a requirement for visitor spaces. The 6 remaining available on-street spaces effectively exceed the DCP – Parking requirement.

 

     In additional information to Council (letter dated 31 August 2007) the applicant has  proposed the introduction of an on-street Car Share facility to be managed by a car share provider, Go Get, to promote a car share initiative for the Prince Henry site (and if required to the wider Little Bay community). The applicant advises that, typically, one share car replaces approximately 7 privately owned vehicles with up to 20 residents having access to a single share car. The applicant has offered to proactively promote the car share initiative through the Prince Henry Community website with the proposed location of the dedicated car share parking bay to be in Gubbuteh Road and preferably in front of Lot 15. The applicant advises that, as the share car facility replaces 7 privately owned cars, effectively there will be no loss of on-street parking. The applicant’s car share proposal is considered to have merit and assists in ameliorating the effects of loss of on-street carparking. Furthermore, the proposal is consistent with Council’s ESD initiatives as it will be complementary to public transport and, if promoted widely in the Prince Henry site, will assist significantly in the reduction of the carbon footprint in the Randwick LGA. A condition will be applied requiring the applicant to provide details of the car share initiative and its implementation.

 

Overall, the applicant’s advice in support of the loss in on-street carparking is considered reasonable especially considering also that the DCP – Prince Henry Site states that “In multi-unit housing developments, residents and visitor carparking is to be provided below the building to which it is allocated” (Section 6.3 Vehicle Access and Parking, page 45). As the proposal is for a row of attached Torrens-titled dwelling houses, the requirement for a basement carpark is not strictly applicable.

 

Contrary to the concerns raised by objectors, the loss in on-street carparking as a result of the at-grade parking, whilst unavoidable, does not set a precedent for other future developments because the context and circumstances of Lot 15, the subject site, are unique to this allotment. These circumstances have been assessed on the merits of the case, as described above such that the provision of at-grade carparking with its impact on on-street parking justified. It should be noted that  no other allotment with a similar site configuration dedicated for terrace housing (and potentially the subject of a similar at-grade carparking arrangement) exists on Gubbuteh Road.

 

10.4.4        Ecologically Sustainable Development

The Prince Henry DCP requires the preparation of a Sustainability Building Report by an appropriately qualified professional to improve the energy efficiency of the proposed building. The applicant has provided a Sustainability Report prepared by a consultant engineer, outlining the ESD objectives for the proposed development and strategies for evaluating and achieving those objectives. In accordance with this brief, the proposal will incorporate the following sustainability measures:

 

     Building orientation to provide future occupant with optimum sun-control.

     Building materials that provide a balance of external insulation for thermal protection and internal thermal mass for heat absorption.  

     Use passive design measures including natural cross-ventilation and external shading to achieve maximum thermal comfort.

     Use sun control elements comprising a combination of vertical and horizontal external shading devices, internal blinds and glare control.

     Building to be insulated with a minimum R2.5 wall insulation as recommended in the BASIX Report

     Use of high efficiency lighting such as compact fluorescent with dimming control or zoned switching to control light levels.

     Landscaping designed to require minimal irrigation.

     Use of best practice water management solutions including 3 star-rated fixtures and ratings and dual flush WCs.

 

These measures are considered appropriate in achieving ESD objectives.

 

The applicant has also provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements for multi-unit housing showing that the proposed development will achieve a 49% energy saving target which would comply with the 40% saving target under BASIX; a 43% water saving target which would comply with the 40% water saving requirement under BASIX; and a ‘Pass’ for thermal comfort. Accordingly, the proposal is considered acceptable in terms of energy and water conservation and thermal comfort.

 

The proposed development will be well served by public buses along Anzac Parade, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction thus promoting public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

Overall, the proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

10.4.5        Site Remediation

A site audit statement (SAS) has been issued for the subject lot, Lot 15, on 2 May 2005, indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council development consent No. 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

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

 

The proposal will increase the availability of housing and promote the objectives of the zone.  The effect of the proposal would be to bring more people to the site resulting in a new community likely to include young families, “empty nester” household, and share households. The added population will generate additional needs for businesses, employees and patrons, which will in turn encourage the location of services and facilities into the broader area. The increase in density is not considered to generate an unreasonable demand on the availability of services, especially given that the overall development precinct will have a multi-purpose community centre to be built and provided by Landcom in the future, a future neighbourhood centre in Lots 11 and 13 which will include mixed development (including retail and commercial uses), and a range of passive and recreational open-spaces, all constructed and provided by Landcom.

 

Overall the proposal presents a positive impact within the site and locality.

 

10.4.7Suitability of the site – S79C(1)(c) 

The subject site is part of the developable land within the Prince Henry Site and is identified in the Master Plan/Deemed DCP as a location for low-medium density housing development. The subject site will be readily served by services and infrastructure that have been provided for as part of the overall civil and infrastructure works undertaken for the Prince Henry site.

 

The proposal generally is consistent with the terms of the Master Plan/deemed DCP  and, as demonstrated above, and will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended. A site audit statement (SAS) has been issued for the subject Lot 15.

 

10.4.8Any submissions made – S79C(1)(d)

The proposal being integrated development was notified and advertised for a period of 30 days between 13 June 2007 and 13 July 2007. The issues raised in submissions to this notification/advertising process have been addressed in relevant sections of this report as indicated in Section 5 above.

 

10.4.9The public interest – S79C(1)(e)

The proposed development is consistent with the deemed DCP and the Prince Henry DCP and will provide the local community with a form of high quality housing and takes advantage of its proximity to the full range of urban facilities and services available to the site. As a consequence, the proposal will have a positive social benefit for the local community 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 5 : Excellence in urban design – The proposal has a good architectural quality in that it has competently produced a modern and superior design and visual character that will enhance the streetscape in this part of the Prince Henry site.

 

Outcome 11 : A healthy environment – The proposal will promote the principles of environmental sustainable development (including solar access, cross ventilation and energy efficiency), comply with BASIX and occur on land that will be suitable for its intended use as required under SEPP No. 55 - Remediation of Contaminated Land.

 

Direction 5a & associated key action : Improved design and sustainability across all development –The proposal will create a good contemporary architectural design for the subject site whilst maintaining the quality of the nearby bushland and overall coastal setting. The proposal will therefore contribute to the overall pool of well-designed buildings in Randwick City that can be used as references for the development of design guidelines and programmes. 

 

Direction 11a & associated key action: Council is a leader in fostering sustainable practices  -  The proposed development will be designed in accordance with ESD principles (including solar access, cross ventilation and energy efficiency) and will incorporate a number of sustainability measures to achieve ventilation, thermal comfort, water conservation and energy efficiency.

 

12.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13.    CONCLUSION

 

The proposal is permissible with the consent of Council on the subject site and generally complies with the development standards contained in the RLEP with the exception of the maximum FSR and building and wall height controls. SEPP No.1 objections to these controls have been submitted with the application and considered to be well founded in the circumstances.

 

The application complies with all the relevant prescribed controls in the Prince Henry Development Control Plan with the exception of the FSR, and wall and building height, rear setback and vehicular access and parking. These non-compliances have been assessed and considered acceptable and reasonable. The breaches in FSR and height controls have been adequately addressed in the SEPP 1 Objections while the breaches in the setback and vehicular access and carparking arrangements are reasonable and acceptable primarily as they are not considered to detrimental affect  the amenity of properties adjoining and surrounding in terms of sunlight, ventilation, privacy, views, bulk, scale and traffic impacts.

 

The proposal was notified and advertised as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended).  Six submissions were received in response to the proposal.

 

The proposal is an “integrated development” as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. General Terms of Approval for the proposal have been issued by the Heritage Council.

 

The proposal will not have a significant impact on surrounding properties, heritage items and bushland areas. The non-compliances with the statutory controls will not exacerbate impacts, subject to compliance with conditions of consent.

 

The application is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

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

 

AND

 

B.         THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/0421/2007 for the construction of 14 two-storey terrace style dwellings, associated earthworks, landscaping and Torrens-title subdivision into 14 allotments, at 56-32 Gubbuteh Road, Little Bay, subject to the following conditions:-

 

1.      The development must be implemented substantially in accordance with the plans numbered AR.DA.100 Issue 09,  AR.DA.101 Issue 10, AR.DA.102 Issue 10, AR.DA.103 Issue 08, AR.DA.104 Issue 08, AR.DA.200 Issue 08, AR.DA.300 Issue 09, AR.DA.301 Issue 09, and AR.DA.302 Issue 07 and stamped received by Council on 29 May 2007, the draft sub-division plan prepared by Anthony Nicholas Rod of Whelans, Surveyor’s Reference D290-002.dwg dated/printed 22 May 2007 and received by Council 29 May 2007, the Sustainability Report No S4053 001, Lot 15, Revision A, dated 28 May 2007 and received by Council on 29 May 2007, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.      The colours, materials and finishes of the external surfaces of the new building are to be consistent with that indicated in the sample board accompanying the subject development application and received by Council on 29 May 2007.

 

3.      Details of the Car Share proposal as indicated in the applicant’s letter to Council dated 31 August 2007, including implementation measures/action, 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 relevant building works.

 

4.      An amended plan showing the provision of the provision of suitable openable skylights over internal stairs, bathrooms and laundry room on the first floor, 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 relevant building works.

 

5.      Details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site and showing a uniform/consistent form/type of fencing for all dwellings shall be submitted to and approved by Director – City Planning prior to a Construction Certificate being issued for the development.

 

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

 

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

 

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

 

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

 

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

 

a)    $1000.00 -        Damage / Civil Works Security Deposit

 

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

 

·            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.

 

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

 

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

 

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

b)       Remove the redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

11.     The driveway openings at the Gubbuteh Road frontage must be 3 metres wide.

 

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

 

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

 

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

 

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

 

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

 

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

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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 release of the plan of subdivision.

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

21.     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.

 

22.     Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 15 being discharged through the underground drainage system into the on-site stormwater detention system within Lot 20.

 

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

 

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

 

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

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

 

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

 

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

 

·            The pit constructed from cast in-situ concrete, precast concrete or double brick.

 

·            A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

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

 

·            The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

 

·            A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·            A sign adjacent to the pit stating:

 

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

 

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

 

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

 

a)     Finished site contours at 0.2 metre intervals;

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a.       A site plan at an appropriate scale showing existing site boundaries, 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, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting, and are to be drawn at their mature size with a dense planting of accent/feature species, shrubs, trees and ground covers within all garden beds so that a continuous planted cover is achieved.

 

c.       Garden areas immediately adjoining internal hardstands, within a distance of 2 metres of the property boundary, shall use only those species which will not exceed 600mm in height at maturity. (This condition is applied in order to maintain a clear line of sight of approaching vehicles and pedestrians when exiting the site).

 

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

 

Note: Species selection will contain a predominance of those which have been chosen from Appendix A of the Prince Henry Site Development Control Plan, dated 8 December 2004.

 

e.       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.

 

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

 

g.       The two feature trees nominated for the rear yards of each dwelling shall be a minimum pot/bag size at the time of planting of 45 litres and 100 litres.

 

h.       In order to reduce the amount of stormwater generated by the proposal, as well as to recharge groundwater supplies, porous/permeable paving shall be used in hard surfacing.

 

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

 

j.        The substation nominated for the southeast corner of the site shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

k.       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.

 

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

 

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

 

33.     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.

 

Tree Management

 

34.     Approval is granted for the applicant to remove (at their own cost) those existing street trees on the Gubbuteh Road nature strip which need to be removed in order to accommodate construction of the proposed vehicle crossings as shown. The applicant will be required to satisfy themselves as to the location of all site services within the vicinity of these works, prior to commencement. (Refer also Service Authority conditions).

 

35.     Upon completion of all proposed vehicle crossings, the applicant will be required to liaise with Council’s Landscape Development Officer (9399-0613) regarding species selection, pot/bag size at the time of planting and location for all new street trees along this frontage, and shall be completed to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

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

 

36.     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.

 

37.     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.

 

38.     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)

 

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

 

40.     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.

 

41.     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.

 

42.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

44.     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.

 

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

 

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

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

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

 

46.     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.

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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:

 

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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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 consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

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

 

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

 

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

 

57.     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.

 

58.     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.

 

59.     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.

 

60.     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.

 

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.

 

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

 

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

 

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

 

62.     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.

 

63.     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.

 

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.

 

64.     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.

 

65.     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 conditions are applied to ensure archaeological and heritage issues are addressed:

 

66.     Prior to any ground disturbance, further consultation should occur with the La Perouse Aboriginal Land Council (LPALC) to determine whether or not archaeological monitoring is required during the construction phase.

 

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

 

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

 

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

 

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

 

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

 

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

 

72.     The development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter issued to Council on 11 October 2007.

 

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

 

73.     A Site Audit Statement (SAS)  and Summary Site Audit Report (SSAR) have been issued for this site. The SSAR includes an Unexpected Finds Protocol, which must be complied with.

 

The owner, builder, site workers and the Principal Certifying Authority are to be made aware of this Unexpected Finds Protocol and its requirements prior to any works commencing.

 

74.     Details of any ‘unexpected finds’ including details of any investigation procedures, remedial actions taken and validation must be forwarded to Council accordingly.

 

75.     Any fill importation to the site is to be monitored and classified by a suitably qualified person. 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’.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

CO-ORDINATOR - MAJOR ASSESSMENTS


 

Director, City Planning Report 89/2007

 

 

SUBJECT:

73 CLOVELLY ROAD, RANDWICK  

 

 

DATE:

22 October, 2007

FILE NO:

DA/642/2005 & PROP004381

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING   

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for Section 96 Modification to the  approved development seeks consent to alter the window and door at No 73 Clovelly, Randwick.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 9 October 2007

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 October 2007

FILE NO:

DA/642/2005/B & PROP003381

 

PROPOSAL:

 Section 96 Application to modify approved development

PROPERTY:

 73 Clovelly Road, Randwick

WARD:

 North Ward

APPLICANT:

 M Leong

OWNER:

 Mr M C M Leong

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Council meeting for determination as the applicant is an employee of the Council.

 

The application seeks to modify the approved development.

 

There are no additional impacts upon the amenity of the adjoining properties.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The proposed modification to the approved development seeks consent to alter the window and door configuration within the southern and eastern elevation to delete a suite of four windows in the southern elevation and replace bi fold windows in the eastern elevation with four louvre windows.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located in the eastern side of Clovelly Road between Gilderthope Avenue and Frenchmans Road and has a street frontage of 6.7m to Clovelly Road a depth of 38.8m and a total site area of 263m². The site is occupied by a single storey semi detached dwelling which is within a residential area consisting of a mixture of semi detached and free standing dwellings and multi unit housing development.

 

4.    SITE HISTORY

 

The original application was determined at the Health Building and Planning Committee meeting of the 11th October 2005 where approval was granted subject to conditions.

 

5.    SECTION 96 ASSESSMENT:

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development is substantially the same development. The proposed modifications to the approved plans will result in the development being substantially the same development and therefore satisfies the definition as to what may be considered under a Section 96 application.

 

6. COMMUNITY CONSULTATION:

 

Due to the minor nature of the modification being a Section 96(1A) application which has minimal environmental impact formal notification of the application was not undertaken in accordance with the DCP-Public Notification.

 

7.         RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and is generally 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.

 

 

8.         ENVIRONMENTAL ASSESSMENT

 

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

 

9.         RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:    Excellence in urban design and development.

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

 

10.      CONCLUSION

 

The proposed modification to the approved development remains substantially the same development and will not result in any additional impacts upon the amenity of the adjoining property and is recommended for approval.

 

RECOMMENDATION:

 

That Council as the consent authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/642/2005/B for permission to alter window configuration to the rear of dwelling and deck at 73 Clovelly Road, Randwick in the following manner:

 

Amend Condition 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered A01 to A06, Issue A, dated July 2005 and received by Council on the 10 August 2005, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated September 2007 and received by Council on the 24th September 2007, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

ATTACHMENT/S:

 

Nil

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD 

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Director, City Planning Report 90/2007

 

 

SUBJECT:

6 GALE ROAD, MAROUBRA

 

 

DATE:

16 October, 2007

FILE NO:

DA/589/2007 & PROP033986

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for erection of a new garage to front of dwelling at No. 6 Gale Road, Maroubra

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 9 October 2007.

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

9 October 2007

FILE NO:

DA/589/2007 & PROP033986

 

PROPOSAL:

 Erection of a new garage to front of existing dwelling.

PROPERTY:

 6 Gale Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 S Ding

OWNER:

 Ms G Dielenberg

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Tracey, Seng and Notley-Smith.

 

The application details the erection of a single garage to the front of the dwelling.

 

The main issue is the impact of the proposed garage to the front of the dwelling upon the streetscape.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The application details the erection of a rendered masonry, tile roof single garage with dimensions of 3.38m x 6.245m to the front of the dwelling sited up to the front and western side boundary.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is on the northern side of Gale Road and has a street frontage of 6.685m, a side boundary depth of 34.745m and a site area of 252m². At present on site there is a two storey semi detached dwelling. The locality is residential in nature and contains a mixture of single and two storey semi detached and free standing dwellings.

 

4.    SITE HISTORY

 

The proposal has been the subject of a formal pre lodgement meeting and advice was provided that as the pair of semi detached dwellings, 6 & 8 Gale Road, are relatively symmetrical and as a pair make a positive contribution to the local streetscape the erection of a garage to one of the dwellings would significantly detract from the appearance of the dwellings as a pair.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Notification. No submissions have been received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

The Planning Officer is advised that the subject development site is located adjacent to a localised low point and may be subject to stormwater inundation during major storm events.

The applicant shall submit a flood study (including plans and drainage calculations compiled by a suitably experienced and qualified Civil Engineer) which determines the 1 in 100 year flood level for the site.

 

The flood study should be undertaken using “DRAINS” Urban Drainage Simulation Model (and HECRAS for determining flow depths). Alternative flood modelling programs may be used, however, the applicant will be required to meet the full cost for an independent hydraulic consultant to review the model as Council does not have the computer software to run alternative flood modelling programs.

 

The following information must be submitted to Council with the flood study:

 

a)       All “DRAINS” and “HECRAS” data files on 3 1/2" MS-DOS formatted diskettes together with a suitable index to relate data files to the various run parameters.

 

b)       Plans showing:

 

    All catchments and sub-catchments areas contributing to flows in the vicinity of the development site;

    “DRAINS” sub-catchments and areas and nomenclature used to define the various piped reaches;

    Overland flow paths;

    Location and sections of all drainage lines showing pipe sizes and grades;

    Pit/gully surface levels as well as invert levels of inlet and outlet pipes;

    Proposed finished surface levels and 0.2m contours over the development site (it is noted that all levels shall be relative to the Australian Height Datum); and

    Location of all “HECRAS” cross sections.

 

To minimise the possibility of localised floodwater affecting the site shall be a minimum of 300mm above the calculated 1 in 100 year flood levels.

 

Following completion of the flood study, the applicant shall also submit amended plans demonstrating compliance with the above requirement.

 

The recommendation is for refusal of this application based on its impact on the streetscape. Should Council consider it appropriate to consent to the application, it should be noted that the garage is likely to be flooded and given its siting at the front boundary, would not be able to be raised in height to prevent flooding.

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

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.

60% 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 92sqm. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above area has dimensions of 6.7m x 13m. 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.

35% of the site is permeable. Complies.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

Does not comply, the driveway is sited up to 440mm from the side boundary.

S1

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

Complies, driveway width of 2.7m.

S1

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

The proposed driveway gradient is less than 1 in 8. Complies.

S2

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

The proposed garage is located behind the building line. Does not comply – see assessment below

S2

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The proposed garage occupies about 50% of the width of the site frontage. Does not comply – see assessment below.

The Objectives and Performance Requirements of the DCP include that car parking and driveways are not visually obtrusive and do not detract from the appearance of the dwelling and the street scape; and structures are compatible in scale, form, materials and finishes with the associated dwelling.

The proposed new garage to the front of the property will not comply with the objectives and performance requirements of the DCP in that the garage will be visually obtrusive and will detract from both the appearance of the dwelling and local streetscape which is exacerbated by the fact that the garage will occupy approximately half of the width of the site.

 

It is noted that there are examples of other similarly sited structures located near the subject premises, however these are not the majority and an argument could not be made that the character of the streetscape is dominated by garaging within the front building line.

 

In addition, the other existing garages to front of dwellings in the street were granted consent to prior to the adoption of the current planning controls that place more weight on the visual qualities of the streetscape.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:     Excellence in urban design and development

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

 

The proposal will not contribute to the above outcome as it fails to meet the objectives and performance requirements of the DCP-Dwelling Houses and will detrimentally impact on the streetscape character of Gale Road.

 

10. CONCLUSION

 

The proposal does not comply with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will result in an adverse impact upon the appearance of the dwelling and the local street scape and the character of the locality.

 

For these reasons the application for the erection of this garage cannot be supported and is recommended for refusal.

 

RECOMMENDATION:

 

THAT Council as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.589/07 for permission to erect a new garage at 6 Gale Road Maroubra for the following reasons;

 

1.     The proposed garage does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that siting of the proposed garage to the front of the dwelling and up to the front and side boundaries will detract from the appearance of the dwelling and the local streetscape.

 

2.     The proposed garage does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the garage will occupy more than 35% of the width of the site.

 

3.     The proposed garage does not comply with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in relation to Building Setbacks as it does not conform to the dominant setback along the street.

 

ATTACHMENT/S:

 

Nil

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 

 


 

Director, City Planning Report 91/2007

 

 

SUBJECT:

4 KEITH STREET, CLOVELLY

 

 

DATE:

16 October, 2007

FILE NO:

DA/153/2007 & PROP050759

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for alterations and additions to the existing dwelling at No. 4 Keith Street, Clovelly.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 22 May 2007.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

22 May 2007

FILE NO:

DA/153/2007 & PROP050759

 

PROPOSAL:

 Alterations and additions to the existing dwelling.

PROPERTY:

 4 Keith Street, Clovelly

WARD:

 North Ward

APPLICANT:

 D Doff

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Council for determination at the request of Councillors Woodsmith, Matson and Notley-Smith.

 

The application details alterations and additions to the dwelling.

 

The main issues are the impact upon the amenity of the adjoining property with respect to loss of privacy and overshadowing.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

It is proposed to carryout alterations and additions to the existing dwelling to provide for an open plan kitchen and living area at ground level opening onto a timber deck and spa and a new upper level containing two bedrooms both with en suite bathrooms, with upper level balconies to the front and rear of the dwelling. The works will provide for an additional 60m² of floor area to the dwelling. A rainwater tank will be installed beneath the new deck at the rear of the dwelling.  

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Keith Street between Clovelly Road and Allan Avenue and is presently occupied by an existing single storey dwelling.  The site has a frontage width of 9.945m, a side boundary depth of 25.9m and has an overall site area of 254m². The locality is residential in nature and contains a mixture of semi detached and free standing dwellings and multi unit housing development.

 

4.    SITE HISTORY

 

The plans as originally submitted have been amended to address identified flooding issues and as a result the finished floor level of the new portion of the dwelling has been raised by 650mm.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

 

R & D Dunn of 2A Keith Street Clovelly

 

Issue

Comment

The proposed development will result in the north elevation of their building not receiving any sunlight during the winter equinox.

See discussion in Section 7.

There are concerns with respect to loss of privacy as a result of the new upper level balconies at the front and rear of the dwelling.

The rear balcony includes solid screening to both sides which will restrict the direct overlooking into the adjoining properties. A condition of consent is recommended to require that a screen also be provided to the southern side of the upper level balcony which will prevent the direct overlooking into the sunroom/office of the objector’s property.

There are concerns relating to noise from the proposed spa.

Conditions of consent are included with respect to noise attenuation for the spa pump.

 

R & D Dunn of 2A Keith Street Clovelly, 2nd submission in relation to amended plans.

 

Issue

Comment

The raising of the height of the building to address flooding issues will further increase the proposed bulk of the building.

The overall height of the dwelling still complies with the preferred solution maximum wall height of 7m.

The maximum floor space ratio in the DCP is not a right if the constraints of the site do not allow it.

The objectives and performance requirements of the DCP with respect to floor area seek to ensure that development is not excessive in bulk and scale and is compatible with the surrounding built forms. The floor space ratio of the dwelling complies with the preferred solution of the DCP, and in this circumstance there are no unusual site constraints which warrant a reduction in the accepted maximum floor space ratio. 

There are no provisions in the DCP to allow the preferred solutions with respect to minimum solar access to adjoining properties being disregarded, and the upper level should be amended to be sited at least 3m from the rear of the existing dwelling to maintain at least three hours of winter sunlight.

See discussion in Section 7 with respect to overshadowing.

The proposal will result in a loss of privacy from both the new upper level balcony and ground level deck.

Conditions of consent are recommended to require the installation of fixed screens to the upper level balconies and ground level deck to maintain privacy to adjoining properties.

An acoustic engineers report on the construction requirements for the acoustic enclosure of the spa pump prior to construction and engineer’s certification.

A condition of consent is recommended to require that the maximum noise levels of all plant and equipment comply with the accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent

 

7.    ENVIRONMENTAL ASSESSMENT

 

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.

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.

50% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 81m². 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 9m x 9m. 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.

20% 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 0.65:1 applies. 

The proposed FSR is 0.65:1. Complies.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.7 metres. Complies.

S3

No excavation within 900mm of a side boundary.

A condition of consent is included to require that the subject and adjoining site be properly retained during and after building works.

S4

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

The entire southern elevation of the proposed dwelling is 1.61 metres from the southern side boundary at first floor level. Complies.

Building Setbacks

 

Preferred Solution

Assessment

S2

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

The proposed dwelling is 6.18 metres from the rear boundary. Complies.

S3

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

There is no change to the existing side boundary setbacks of the dwelling.

S3

Side setbacks be 1.5m at second floor level.

The upper level setback is 1.61m from the southern and up to 1.324m from the northern side boundaries respectively. There are no objections to the northern side boundary setback not complying with the preferred solution in that this setback is to the portion of the building containing the stairwell and for the remainder of the building the preferred solution is complied with, and the degree of non compliance is not significant and will not result in any loss of amenity to the adjoining dwelling.

 

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.

There is not any potential for significant loss of privacy to the adjoining properties in that the window within the upper level side elevations are high light style and will not look directly into any private living areas of adjoining properties and the proposed stair well includes external louvre cladding. With respect to the rear deck and upper level balconies, screens are provided to both sides of the rear balcony and a condition of consent is recommended that a similar screen be provided to the southern side of the front balcony to prevent direct overlooking into the front living areas of the adjoining dwelling and a screen being installed to the southern side of the rear deck to prevent the direct overlooking into the adjoining property.

 

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.

No existing solar collectors noted on the southern adjoining dwelling at 2 Keith Street.

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.

There will be a loss of sunlight in mid winter to the north facing windows of the adjoining southern property. Does not comply, see assessment below.

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 principal private open space at the rear of the southern adjoining dwelling will receive at least 3 hours sunlight over part of its area between 9am and 3pm on the 21 June. Complies.

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

Due to the orientation of the site on an east west axis, there will be an unavoidable degree of additional overshadowing to the southern adjoining property at 2 Keith Street. Suggestions have been made by the objector that the upper level be reduced in length at the rear to improve solar access to the rear of their property and the resultant loss of floor area be provided at ground level. Such an amendment may improve solar access to the rear of the adjoining property but would not be supported as it would result in a reduction in the landscaping area within the rear yard of the property and not comply with the relevant objectives and performance requirements of the DCP.

 

In this instance it is not considered that the resultant overshadowing impact in itself should be seen as a reason for refusing this proposal as the additional impact to the adjoining property is a direct and natural consequence of the orientation of the site rather than an indication of an inappropriate building design.

 

8.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:    Excellence in urban design and development.

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

 

9.    CONCLUSION

 

The application complies with the relevant assessment criteria and the objectives and performance requirements of the DCP – Dwelling Houses. The application is recommended for approval.

 

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/153/2007 for permission to carryout alterations and additions to the dwelling at 4 Keith Street, Clvoelly 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 002-001, issue C, 002-002, issue B, 003-001, issue B, 003-002, issue B, 004-001, issue B, 004-002, issue B, 005-001, issue B, 005-002, issue B, 005-003, issue B, 006-001, issue B, 006-002, issue B, 007-001, issue B, 008-001, issue B, dated 9/4/06 and 21/9/07 and received by Council on the 25th 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:

 

2.     The colours, materials and finishes of the external surfaces to the building are to be consistent with the schedule of colours, materials and finishes numbered 011-001, issue A, dated 9/4/06 and received by Council on the 27th February 2007

 

3.     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.

 

4.     To maintain a reasonable level of privacy to the adjoining property a fixed 1800mm high privacy screen of obscured glazing or fixed louvres (suitably spaced and angled to prevent overlooking) must be installed to the southern end of the ground level deck and the upper level deck to the front of the dwelling. Details of the privacy screen are to be included with the Construction Certificate.

 

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

 

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

 

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

 

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

 

The principal certifying authority 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.

 

6.     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.

 

7.     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.

 

8.     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)

 

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

 

 

 

10.   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.

 

11.   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.

 

12.   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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

14.   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.

 

15.   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”.

 

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

 

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.

 

17.   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.

 

18.   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.

 

19.   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.

 

20.   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:

 

21.   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.

 

22.   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.

 

23.   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.

 

24.   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.

 

25.   A dilapidation report prepared by a professional engineer, accredited building surveyor or other suitably qualified person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

·         new dwellings or additions to dwellings sited up to the property boundaries (including additions to a semi-detached dwelling),

·         excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·         excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·         as otherwise required by the Principal Certifying Authority.

 

The report (including photographs) is to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.

 

26.   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).

 

27.   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.

 

28.   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.

 

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

 

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

 

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

 

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

 

If it is proposed to locate any site fencing, hoardings or amenities upon 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.

 

30.   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.

 

31.   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. 

 

32.   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:

 

33.   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 are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

34.   Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

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

 

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:

 

35.   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.

 

36.   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.

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

 

37.   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.

 

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

 

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

 

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

 

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

 

40.   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.

 

41.   The floor level of all new/reconstructed habitable, storage areas and the spa coping course shall be at a minimum of 300mm above the calculated 1 in 100 year ARI as determined in the flood study prepared by Hughes Trueman Pty Ltd, (Issue A and dated 18 July 2007), or suitably waterproofed up to this same level. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

42.   All new windows, vents and other openings into the proposed dwelling must be located at least 300 mm above the calculated 1 in 100 year ARI as determined in the flood study prepared by Hughes Trueman Pty Ltd, (Issue A and dated 18 July 2007). The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

43.   All new footings shall be suitably designed to ensure that they will not be adversely affected by stormwater/floodwater. The Construction Certificate application must demonstrate compliance with this requirement.

 

44.   All new 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.

 

45.   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.    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.

 

46.   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.

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

A2      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.

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 


  

GENERAL MANAGER'S REPORT 37/2007

 

 

 

SUBJECT:

RANDWICK CITY COUNCIL 2006-07 ANNUAL REPORT AND STATE OF THE ENVIRONMENT REPORT

 

 

DATE:

17 October, 2007

FILE NO:

F2007/00486

 

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

Under Section 428 of the Local Government Act 1993, Council must prepare an Annual Report and publish it by 30 November each year. The Annual Report must also include the Audited Financial Report.

 

In addition, the Local Government Amendment (Ecologically Sustainable Development) Act 1997, requires Councils to annually prepare a State of the Environment Report (SoER) and publish it by 30 November each year. A comprehensive SoER must be produced once every 4 years, whilst every other year Council compiles a supplementary SoER. The 2006-07 SoER is a supplementary report and is Attachment 1 to Council’s Annual Report 2006-07.

 

ISSUES:

 

The 2006-07 Annual Report has been prepared in accordance with the Act. The Act requires that the Annual Report includes (among other requirements) the Audited Financial Reports (which have been the subject of a previous report to Council and are not included as an attachment to this report), the State of the Environment Report (an Attachment to the 2006-07 Annual Report) and access and equity activities undertaken by Council during the year.

 

Since the adoption of the 20 year Randwick City Plan in 2006 Council has demonstrated a strong commitment and continuous improvement approach to integrated planning. It is this approach that has driven the completion of the Annual Report one month earlier than the statutory deadline. Similarly the SoER has also been completed one month earlier than previously, and in Randwick’s case it remains an attachment to the broader Annual Report as part of an initiative towards more holistic sustainability reporting.

 

Randwick Council’s commitment to producing high quality, cost-effective and transparent Annual Reports was recognised earlier this year when Council was awarded the prestigious RH Dougherty Award for our 2005-06 Annual Report (in the population division of greater than 100,000).

 

The 2006-07 Annual Report clearly outlines Council’s strong commitment to consulting with our community and providing high quality and cost effective services. Similarly, the SoER highlights Council’s pro-active approach towards environmental sustainability. Randwick City Council was the recipient of numerous highly prestigious awards during 2006-07, the most significant being the AR Bluett Memorial Award for Local Government – awarded by the Local Government and Shires Association NSW to the leading Council in NSW.

 

Three additional annual reporting requirements commenced for the 2006-07 reporting period, as stipulated by the Department of Local Government. The new requirements have been addressed in the Annual Report and include:

 

·         A statement of activities in relation to companion animal management;

·         Reporting on stormwater management charges; and

·         Additional reporting on Councillor expenses and facilities.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1: Leadership in Sustainability.

Direction 1a: Council has a long term vision based on sustainability.

Outcome 10: A Healthy Environment (all of the Directions).

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

The Randwick City Council 2006-07 Annual Report and SoER meet the statutory requirements and outline Council’s key community, business and environmental achievements over the reporting period. The Reports also outlines the highly prestigious awards received by Council during the last financial year.

 

RECOMMENDATION:

 

That the Randwick City Council 2006-07 Annual Report and its Attachment, the 2006-07 State of the Environment Report, be received and noted.

 

ATTACHMENT/S:

 

The Randwick City Council 2006-07 Annual Report, including the 2006-07 State of the Environment Report (UNDER SEPARATE COVER)

 

 

 

 

.....................................

GENERAL MANAGER

 


 

GENERAL MANAGER'S REPORT 38/2007

 

 

SUBJECT:

2007 NATIONAL GENERAL ASSEMBLY OF LOCAL GOVERNMENT

 

 

DATE:

10 October, 2007

FILE NO:

F2004/06670

 

 

REPORT BY:            GENERAL MANAGER  

 

 

INTRODUCTION:

 

This year’s National General Assembly of Local Government will be held in Darwin from 26 to 29 November 2007.  The National General Assembly is the principal conference of the Australian Local Government Association (ALGA). The Assembly will now include the Keep Australia Beautiful – Australian Sustainable Cities Awards dinner which has been transferred from Canberra.

 

 

ISSUES:

 

The theme for this year’s National General Assembly is ‘A Climate for Change’ and the Assembly will address a range of important and topical issues facing Local Government.

 

Under the theme ‘A Climate for Change,’ this year’s Assembly will further build on the ALGA’s 3F campaign - Fair Federal Funding; Fair Treatment and Formal Recognition.  The theme will enable a broad range of issues impacting on Local Government to be explored, including:

 

1.  the physical climate;

2.  the financial climate; and

3.  the political climate.

 

For only the 2nd time in the events 14-year history, the National General Assembly will be held outside of Canberra.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 1:   Leadership in sustainability

A ‘Sustainable City’ is one that meets the needs of the present, without compromising the ability of future generations to meet their own environmental, economic and social needs.

 

FINANCIAL IMPACT STATEMENT:

 

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

 

CONCLUSION:

 

This is an important conference for Local Government throughout Australia as it is the only conference where the States come together to discuss Local Government specific issues.

 

Authority is also sought for the Mayor and his partner to represent Council at the awards dinner. As Council has been officially invited to attend this function and the Mayor and his partner will attend as award recipients on behalf of Council, it is recommended that their airfares and associated costs be funded by Council.

 

RECOMMENDATION:

 

That:

 

(a)      any Councillors interested in attending the 2007 National General Assembly of Local Government in Darwin, advise the General Manager as soon as possible for registration purposes; and

 

(b)      the Mayor and his partner be authorised to represent Council at the Keep Australia Beautiful – Australian Sustainable Cities Awards dinner and the airfares and associated costs be funded from the Councillors’ conferences and seminars budget.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

.....................................

GENERAL MANAGER

 

 

 

 


GENERAL MANAGER'S REPORT 39/2007 

 

 

SUBJECT:

COUNCIL CONSOLIDATION AGREEMENT

 

DATE:

9 October, 2007

FILE NO:

F2006/00470

 

 

REPORT BY:            GENERAL MANAGER        

 

INTRODUCTION:

 

Given the current uncertainty regarding the application of WorkChoices to Local Government, it is desirable that the status quo remain with all terms and conditions contained in the Local Government (State) Award and or state enterprise agreements to continue.

 

It is possible that all NSW councils are not constitutional corporations, that WorkChoices does not apply to local government and that the local Government (State) Award is not a NAPSA.  Conversely, the proposed Local Government (State) Award 2007 has yet to be made.

 

In order to provide our employees’ certainty of terms and conditions of employment and a fair and equitable pay increase in the short to medium term, the Unions are willing to agree the following alternative proposal:

 

•      An enterprise based increase be negotiated between the Unions and council, such increase be paid by council on the first pay period on or after 1 November 2007 and apply for a period of twelve months. Any increase would need to mirror the wage increase negotiated for the first year of the Local Government (State) Award 2007.

 

·                     Any increase paid as a result of council applying the Australian Fair Pay Commission (AFPC) increase from June 2007 to be absorbed into the increase paid after 1 November 2007.

 

•      Councils enter into a written agreement either by way of a council agreement or some other arrangement with the Unions to maintain terms and conditions of employment until 31 October 2008.

 

Should the AFPC increase be lower than the post 1 November 2007 increase, the difference between the two amounts will apply.

 

In return for agreement from council, the Unions will give a written undertaking to the following:

 

•      Not campaign to seek a common law deed or unregistered agreement during the period of the agreement.

 

•      Attempt to resolve all issues wherever possible at the local level first.

 

 

ISSUES:

 

The Council currently operates with eighteen (18) Local Industrial instruments and the NSW Local Government (State) Award.  Since September 2006 the Unions and an Employee Negotiating Team have been preparing a “Consolidated Council Agreement”.

 

Council has allocated in the current 2007/08 budget an expected increase in wages/salaries for their employees for 2007 of 3%.  The allocation was based on CPI and the practice of percentage increases for Council staff in November of each year.  If no increase was provided by Council it would disadvantage our staff, effect productivity and be contravening to Council’s stated objective of being an employer of choice.

 

The purpose of the consolidated agreement is to provide a simple, easy to read document that preserve current conditions of employment for one (1) year.

 

The intention of the Agreement is to:

 

1.       Consolidate all of Council’s Local Workplace Council Agreements and Enterprise Agreements into one (1) Council Agreement;

 

2.       to establish an interim arrangement to provide for a 2007 pay increase for wages and salaries; and

 

3.       to maintain all current conditions of employment.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 11:        Excellence in Staff Management

                  

Direction 11a:       A working environment that provides a strong platform for productivity and achievement and allows all staff to contribute to the best of their ability to achieving Councils outcomes.

 

FINANCIAL IMPACT STATEMENT:

 

The 3% wage and salary increase was budgeted in the 2007/08 budget.  A 1% increase of approximately $370,000 is to be funded from the 2007/08 budget.

 

CONCLUSION:

 

Through a series of staff meetings, the Unions have organised a vote on the Agreement.  In addition, non-union members have met and voted to accept the agreement.  Employees have voted on accepting the 4% wages and salaries increase and the Unions will be signing the Consolidated Agreement on their behalf.

 

Simplification of all the previous agreements into one comprehensive agreement that clearly spells out all the “above award” entitlements of employees and for all staff to have an understanding of their entitlements and management to have an understanding of our obligations.

 

The simplified document will allow Council to promote itself as an employer of choice.  It will allow Council to attract and retain quality and committed staff to provide services to the community now and in the future.

 

The consolidated agreement creates a sound platform to provide an industrial agreement for the organisation in either the State or Federal legislation (depending on future court challenges and negotiations etc).

 

RECOMMENDATION:

 

That the report be received and noted.

 

ATTACHMENT/S:

 

Council Consolidated Agreement.

 

 

 

 

 

 

.....................................

GENERAL MANAGER

 

 

 

 


 

 

 

 

 

 

 

 

 

 

Randwick City Council

 

Agreement

 

18 October 2007

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2007


 

TABLE OF CONTENTS

 

1.            Title and Intention of the Parties. 6

2.            The Parties. 6

3.            Agreement Coverage. 6

4.            Superseded Agreements. 6

5.            Preservation of Shift/Hours of Work. 7

6.            Duress. 7

7.            Duration. 7

8.            No Disadvantage. 7

9.            No Extra Claims. 7

10.          Relationship with the Award or NAPSA. 7

11.          Wages, Salaries and Allowances. 8

12.          Consolidation and Termination of Agreements. 8

13.          Sick Leave. 8

14.          Additional Annual Leave. 9

15.          Other Carer Leave. 9

16.          Work Break for Morning Tea. 10

17.          Service Based Flexible Working Arrangements (Excluding Library Staff)  10

18.          Prior Service Calculation of Long Service Leave. 10

19.          Workers Compensation make-Up Pay. 11

20.          Dispute Resolution. 11

21.          Duration & Renegotiation of the Agreement 11

22.          Signatures. 12


 

1.               Title and Intention of the Parties

 

1.1          This agreement shall be titled the Randwick City Council Agreement.

 

1.2          The intention of this agreement is to:

 

1.2.1        consolidate all of Council’s Local Work Place Council Agreements and Enterprise Agreements into one (1) Council Agreement;

 

1.2.2        to establish an interim arrangement to provide for a 2007 pay increase for wages and salaries; and

 

1.2.3        to maintain all current conditions of employment.

 

 

2.               The Parties

 

2.1           The Parties to this Agreement are Randwick City Council (herein after referred to as Council,) the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union, the Construction, Forestry, Mining and Energy Union (New South Wales Branch), the Local Government Engineers Association of New South Wales, and the Development and Environmental Professionals’ Association.

 

 

3.                Agreement Coverage

 

During the term of this agreement, it will cover current and future employees of Randwick City Council. This agreement does not cover, or prescribe, terms and conditions of employment for all staff engaged under individual contracts or those on total remuneration packages.

 

4.               Superseded Agreements

 

4.1          This Agreement shall replace the following Agreements:

 

4.1.1        Operational Staff Enterprise Agreement  (2003 – 2006) – EA03/174

4.1.2        Indoor Staff Industrial Agreement – 7831 (September 1987)

4.1.3        Indoor Staff Industrial Agreement – 8726 (March 1992)

4.1.4        Beach Inspectors Local Work Area Agreement (1999 – 2002)

4.1.5        Flexible Working Hours Staff Agreement (1997)

4.1.6        Enforcement Officers Local Work Area Agreement (2001 – 2004)

4.1.7        Building Trades Local Work Area Agreement (2000 – 2003)

4.1.8        Mechanical Workshop Allowance Agreement (1996)

4.1.9        Coordinators Local Work Area Agreement (2003 – 2006)

4.1.10      Commercial Waste Collection Local Work Area Agreement

4.1.11      Plant Operators and Drivers Local Work Area Agreement

4.1.12      Beach Cleaner Operator Local Work Area Agreement

4.1.13      Mechanical Sweeper Local Work Area Agreement

4.1.14      Senior Officers’ Enterprise Agreement – EA00/93

4.1.15      Support Officers and Surveyors Assistants Local Work Area Agreement

4.1.16      Development Applications and Local Approval Applications Engineering Assessment Staff Agreement

4.1.17      Oval Maintenance Agreement

4.1.18      Engineering Survey and Design Staff Agreement

4.1.19      Longhaul Drivers Agreement

         

 

5.               Preservation of Shift/Hours of Work

 

This agreement will maintain existing work patterns and existing work rosters/shifts unless otherwise determined by written agreement with the affected staff and relevant union.  Work patterns include (but not limited to) flexi-time, 4 day weeks, 9 days on 5 days shifts, 7 day fortnight and 9 day fortnight.

 

6.               Duress

 

6.1          This Agreement has been entered into without duress by any party.

 

 

7.                Duration

 

7.1           This Agreement shall come into operation from the date of approval by all parties and shall remain in force until 31 October 2008.

 

 

8.                No Disadvantage

 

8.1           Arising from the implementation of this Agreement, no Employee will suffer a disadvantage in respect of rates of pay and conditions of employment.

 

 

9.               No Extra Claims

 

9.1          During the term of this Agreement, the Unions agree not to make any extra claims for general increases in rates of pay, allowances or employment conditions.

 

 

10.            Relationship with the Award or NAPSA

 

10.1         This council agreement is made pursuant to clause 36 of the Local Government (State) Award 2004 (or its successor). or Notional Agreement Preserving State Award, however so defined.

 

10.2         In the event that any future Award increases are greater than those in this Agreement, the Award shall prevail. 

 

10.3         In the event of any inconsistency between the Award and this Agreement, the Agreement shall prevail to the extent of the inconsistency.

 

10.4         Where this Agreement is silent the Award shall prevail.

 

 

11.            Wages, Salaries and Allowances

 

11.1         Council agrees to apply a 4% increase (with a minimum increase of $22 per week) to its salary system's rates of pay and allowances that were applicable the first full pay period commencing on or after 1 November 2006 as per Part B of the Local Government (State) Award 2004.

 

11.2         The increase will apply from the first full pay period on or after 1 November 2007.

 

11.3         The increase will absorb increases to entry level rates of pay awarded by the Australian Fair Pay Commission in October 2006 and July 2007 and the 2007 increase prescribed by the Local Government (State) Award 2007 (or its successor).

 

11.4         If the Australian Fair Pay Commission publishes an Australian Pay and Classification Scale (APCS) which requires the payment of a higher rate of pay than the rate of pay already paid, then the 4% wage increase provided by this Agreement may be used to off-set any underpayment arising from the higher APCS in respect of the APCS applicable during the period of this Agreement.

 

11.5         The parties further agree that allowances will not be less than the increases in allowances in the Local Government (State) Award 2007 (or its successor).

 

 

12.            Consolidation and Termination of Agreements

 

12.1         The Wages and Salary increase is dependant on the consolidation/ termination of:

 

12.1.1      the enterprise agreements listed in clause 3 of this agreement in accordance with clause 44 of the NSW Industrial Relations Act 1996, and

 

12.1.2      the Council Agreements listed in Clause 3 of this agreement.

 

 

13.             Sick Leave

         

13.1         Staff employed by Council prior to 14 February 1988 shall be entitled to payment of accumulated untaken sick leave on the basis as detailed in the table below:

 

PAYMENT OF ACCUMULATED UNTAKEN SICK LEAVE

REASON FOR TERMINATION

EMPLOYMENT COMMENCED PRIOR TO 1 JANUARY 1974

EMPLOYMENT COMMENCED BETWEEN 1 JANUARY 1974 AND 1 AUGUST 1981

 

EMPLOYMENT COMMENCED BETWEEN 1 AUGUST 1981 AND 14 FEBRUARY 1988

Resignation

 

Total untaken sick leave accrued to 14 February 1993

 

Nil

Nil

Retirement

Total untaken sick leave accrued to 14 February 1993

Total untaken sick leave accrued to 14 February 1993

A maximum of 260 days of total untaken sick leave accrued to 14 February 1993 (or actually accrued)

Ill Health

Total untaken sick leave accrued to 14 February 1993

Total untaken sick leave accrued to 14 February 1993

A maximum of 260 days of total untaken sick leave accrued to 14 February 1993 (or actually accrued)

 

Redundancy

Total untaken sick leave accrued to 14 February 1993

Total untaken sick leave accrued to 14 February 1993

A maximum of 260 days of total untaken sick leave accrued to 14 February 1993 (or actually accrued)

 

Death

Total untaken sick leave accrued to 14 February 1993

Total untaken sick leave accrued to 14 February 1993

A maximum of 260 days of total untaken sick leave accrued to 14 February 1993 (or actually accrued)

 

Council Decision – Any reason except misconduct

Total untaken sick leave accrued to 14 February 1993

Total untaken sick leave accrued to 14 February 1993

 

A maximum of 260 days of total untaken sick leave accrued to 14 February 1993 (or actually accrued)

Misconduct

Nil

Nil

Nil

 

 

13.2         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-five (35) per week and who are unable due to sickness to attend for duty shall be entitled during each year of service to four (4) weeks sick leave at the ordinary rate of pay.  All other sick leave provisions as prescribed in the Award shall apply.

 

14.             Additional Annual Leave

 

14.1         Employees covered by the provisions of this Agreement shall receive, in addition to the period of annual leave provided in the Award, three (3) additional days of leave in each year of service.

 

 

15.             Other Carer Leave

 

15.1         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-eight (38) per week are entitled to Other Carer Leave. 

 

15.2         Other Carer Leave is leave taken by an employee in connection with the birth of a child, or adoption of a child less than six (6) months of age, of the employee’s spouse or partner.  Other Carer Leave, in this agreement, shall consist of an unbroken period of two (2) weeks at the employee’s ordinary rate of pay.

 

15.3         Other Carer Leave granted pursuant to this agreement shall be considered as service with Council for all calculations of entitlements.

 

16.             Work Break for Morning Tea 

 

16.1         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-eight (38) per week are entitled to a 15 minute morning tea break at 9.00 am or as soon as practical subject to the approval of their supervisor.

 

17.             Service Based Flexible Working Arrangements (Excluding Library Staff)

 

17.1         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-five (35) per week, may participate in Service Based Flexible Working Arrangements.

 

17.2         Service Based Flexible Working Arrangements are not available to part-time or casual employees.

 

17.3         Ordinary working hours shall be an average of thirty-five (35) hours per week over a two (2) week settlement period and shall be worked from Monday to Friday inclusive.

 

17.4         Council and the Joint Consultative Committee shall develop a flexi-time policy with guidelines and procedures for the operation the flexi-time policy. The development of the policy is to commence immediately and must be finalised two (2) months subsequent to the signing of the Agreement.  Current arrangement to continue until new policy is introduced.

 

18.             Prior Service Calculation of Long Service Leave

 

18.1         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-five (35) per week, will calculate long service leave entitlement to mean and include service with the Council and service with any other Council from which the employee may  have transferred to the service of the Council provided that service with the other Council was not terminated for serious misconduct; and

 

18.2         In order to calculate the amount of long service leave to which an employee is entitled under this Agreement, all service under this subclause shall be taken into account and from the period of long service leave this ascertained, there shall be deducted any period of long service leave taken by the employee, or for which the employee has received payment in respect of prior periods of such service.

 

19.             Workers Compensation make-Up Pay

 

19.1         As determined by Clause 16 - Hours of Work in the Local Government State Award 2004, functions whose ordinary hours are thirty-eight (38) per week, shall be entitled to workers’ compensation make-up pay for the period of absence from work if such absence arises from circumstances which give right to payment to the employee of compensation under the Workplace Injury Management and Workers Compensation Act 1998, or any Act replacing or varying the provisions of that Act.

 

19.2         The period of which an employee shall be entitled to payment of workers’ compensation make-up pay shall be fifty-two ordinary working weeks in respect of each particular injury and thereafter payment may be made at the discretion of Council.

 

19.3         Workers compensation pay under this clause shall be a sum equal to the difference between the amount of weekly compensation (including dependants allowances) to which the employee has become entitled under the relevant legislation and the rate of pay for the employee as identified through Council’s salary system and the provisions of this agreement.

 

19.4         Where an employee recovers common law damages in respect of an injury arising in circumstances covered by the relevant legislation, the liability of the Council under this clause shall cease from the date of determination resulting from the employee recovering damages.

 

19.5         Where an employee has received a payment pursuant to this clause from an injury sustained by the employee under circumstances creating a legal liability in some person or organisation other than council, and the other organisation is required to pay damages in respect to the employee, the employee shall forthwith refund to Council the amount of workers compensation make-up pay paid to the employee.

 

20.             Dispute Resolution

 

20.1         As per clause 30 of the Local Government (State) Award 2004 or Notional Agreement Preserving State Award, however so defined.

 

 

21.             Duration & Renegotiation of the Agreement

 

21.1         This agreement shall commence when approved by the parties and will remain in force until 31 October 2008.

 

21.2         The parties to this agreement shall meet to negotiate a new agreement on or before 1 August 2008.  If the parties do not meet to negotiate within three (3) months of the nominal expiry date, then either party can terminate the agreement by providing three (3) months notice in writing.

 

22.             Signatures

 

 

 

 

 

 

On Behalf of

Randwick City Council

 

 

 

 

On behalf of the

NSW Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (t/a United Services Union)

 

Date

 

Date

 

 

 

 

 

 

Witness

 

 

 

 

Witness

 

 

 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

 

On Behalf of

Randwick City Council

 

 

 

 

On behalf of the

Construction Forestry Mining & Energy Union(New South Wales Branch)

 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

Witness

 

 

 

 

Witness

 

 

 

 

 

 

 

 

Date

 

Date

 


 

 

 

 

 

 

On Behalf of

Randwick City Council

 

 

 

 

On behalf of the

Local Government Engineers Association of New South Wales

 

 

 

 

 

 

Council Consolidation Agreement Date

 

Date

 

 

 

 

 

 

Witness

 

 

 

Witness

 

 

 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

 

On Behalf of

Randwick City Council

 

 

 

 

On behalf of the

Development and Environmental Professionals’ Association.

 

 

 

 

 

 

Date

 

Date

 

 

 

 

 

 

Witness

 

 

 

 

Witness

 

 

 

 

 

 

 

 

Date

 

Date

 

 


 

GENERAL MANAGER'S REPORT 40/2007

 

 

 

SUBJECT:

SECURITY PERSONNEL - GOLDSTEIN RESERVE PUBLIC TOILETS

 

DATE:

16 October, 2007

FILE NO:

F2004/07501

 

 

REPORT BY:            GENERAL MANAGER     

 

INTRODUCTION:

 

Reference is made to the provision of security personnel at the toilets situated at Goldstein Reserve, Coogee over the 2006/2007 summer period. This was predicated by a request from the Eastern Beaches Local Area Command Premier’s Crime Prevention Partnership (CPP), established in July 2006, that Council consider allowing the public toilets to remain open to reduce instances of late night public urination experienced at Coogee.

 

The provision of security personnel allowed the public toilets to open from 10.00pm to 4.00am the following day, on Thursday, Friday and Saturday nights. During the 2006/2007 summer period (15 December 2006 to 7 April 2007) over 5,600 people used the toilets, with the security data indicating peak usage fluctuating between Friday (Saturday am) and Saturday (Sunday am) nights from midnight to 3.30am.

 

The provision of the service during the 2006/2007 summer period has been an unequivocal success, made possible by a joint funding arrangement between the Premier’s Delivery Unit (PDU) and Council.

 

The purpose of this report is to seek a similar funding arrangement to that which was entered into with the PDU for the 2006/2007 summer period for the provision of security personnel for the up-coming summer period. 

 

ISSUES:

 

Relevantly, as a result of my report to Council (4/2007) on the 27 March 2007, which outlined the success of the extended opening of the Goldstein Reserve public toilets, Council resolved, on the motion of Councillor Andrews and Councillor Nash, in the following terms:

 

RESOLUTION:  (Andrews/Nash) that:

 

(a)      the report be received and noted, and

(b)      the General Manager liaise/negotiate with the Eastern Beaches Liquor Accord to secure funding through its members for the 2007/2008 summer period for the Pumpkin Bus service, Arden Street Secure Taxi Rank and provision of security personnel at the Goldstein Reserve public toilets, and…”

 

In accordance with Council’s resolution, I wrote to the Eastern Beaches Liquor Accord requesting appropriate funding for the provision of security personnel at the Goldstein Reserve public toilets.

 

As a result, Council officers met with the Accord President – Mr Peter Reid, Inspector Brad Hodder - Eastern Beaches LAC and representatives from the Coogee Bay Hotel, Randwick Rugby Club, Crowne Plaza Coogee Beach, Coogee Legion Club and the Coogee Chamber of Commerce. A representative from the Beach Palace Hotel was invited but was unable to attend.

 

The purpose of this meeting, held on the 12 July 2007, was to obtain from the relevant stakeholders at Coogee a commitment for the on-going funding for the provision of security personnel at the Goldstein Reserve toilets and, should it become necessary, funding for the continuation of the Arden Street secure taxi rank currently provided by the Ministry of Transport.

 

Only two (one conditionally) of the seven entities that have been approached to contribute to the cost of providing security at the Goldstein Reserve public toilets on an on-going, have committed to do so, at this point in time.

 

Whilst it is acknowledged that a number of the above premises make significant financial contributions to other strategies at Coogee such as providing funding for the “Pumpkin Bus”. It is somewhat perplexing that the large late night trading premises have chosen not to support this initiative, particularly where the benefits of the toilets remaining open have been so comprehensively endorsed by Police, the Accord, Council and residents.

 

As such, Council officers are currently examining alternative avenues to secure on-going funding for a the provision of security at the Goldstein Reserve public toilets and a number of other crime prevention strategies, to reduce late night alcohol related anti social behaviour and street crime, which are not reliant on periodic voluntary financial contributions from licensed venues or other business operators in the Coogee basin. However, these funding options will not be available to fund the provision of security at the Goldstein Reserve toilets for the 2007/2008 summer period.

 

THE PROPOSAL:

 

In this regard, I advised the meeting of the CPP, held on the 9 October 2007, that I would again write to the PDU to seek a new funding arrangement, similar to that agreed to at the end of last year, to enable the provision of security personnel at the Goldstein Reserve toilets for the 2007/2008 summer period.

 

It is proposed that the provision of security personnel at the toilets run integral with the “Pumpkin Bus” service and the Arden Street secure taxi rank operated and funded by the Ministry of Transport bringing together a “whole solution” to reduce instances of late night anti-social behaviour at Coogee, particularly at weekends.

 

Importantly, the success of these strategies at Coogee have been lauded by Police as having a direct impact in the reduction of alcohol related offences recorded over the February 2007 period.  This is inculcated in the correspondence from Inspector Brad Hodder, Eastern Beaches LAC - who also was in command of Operation Beach Safe (2006/2007) - which reads:

 

 “It is the opinion of police that these strategies have contributed to a reduction of alcohol related assaults and alcohol related street offences in the Coogee Basin Area.

 

When comparing the statistics for these offences in February 2006 and February 2007 there is a distinct correlation between these months. In February 2007 there was a reduction of alcohol related offences when the strategies were in place.

 

The Commander and Senior Management of Eastern Beaches Local Area Command strongly support the strategies that were implemented and would to see them continue to reduce the incidents of alcohol related crime within the Coogee Basin area.”    

 

It is proposed that the security personnel (1 male and 1 female) be provided on Friday and Saturday nights from 10.00pm to 4.00am, the following day commencing on the 30 November 2007 and concluding on the 22 March 2008 (Easter weekend).

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 6:    A Liveable City.

Direction 6c:  The safety of our community is paramount and is acknowledged and supported through proactive policies, programmes and strategies.

Key Actions:  Prepare and implement a crime prevention/community safety plan.

                   Develop and implement a range of programmes to foster a safer City

Develop and implement effective regulatory environmental, public health and safety services and programmes to maximise public safety and anti-social behaviour of buildings and spaces.

 

FINANCIAL IMPACT STATEMENT:

 

The total cost of the provision of security at the Goldstein Reserve public toilets for the 2007/2008 summer period has been calculated at $12,724.80.

 

On the basis that the PDU contributes $8,271.12 toward the cost of providing the service (65%) Council’s contribution will be $4,453.68 (35%).

 

CONCLUSION:

 

It is the collective view of Police and Council officers that the demonstrated success of the provision of security at the Goldstein Reserve toilets during the 2006/2007 summer period warrants this initiative to be re-implemented for 2007/2008.

 

Subject to Council’s endorsement, I propose to write to the Premier’s Delivery Unit to request a funding arrangement for the provision of this important initiative over the 2007/2008 summer period. At the same time, Council officers will continue to pursue permanent on-going funding for not only this service, but other crime prevention strategies at Coogee.

 

Should the Premier’s Delivery Unit agree to contribute, as proposed in the Financial Impact Statement of this report, this will provide the necessary funds for security at the toilets on Friday and Saturday nights over the up-coming summer period.

 

RECOMMENDATION:

 

That:

 

(a)      the report be received and noted; and

 

(b)      the General Manager write to the Premier’s Delivery Unit requesting the required monetary contribution toward the cost of the provision of security personnel at the Goldstein Reserve public toilets over the 2007/08 summer period.

 

 

ATTACHMENT/S:

 

Nil

 

.....................................

GENERAL MANAGER

 

 

 

 


GENERAL MANAGER'S REPORT 41/2007

 

 

 

SUBJECT:

2006/2007 DISCLOSURE OF INTEREST RETURNS

 

 

DATE:

2 October, 2007

FILE NO:

F2005/00800

 

REPORT BY:            GENERAL MANAGER   

 

 

INTRODUCTION:

 

The Local Government Act requires Councillors and designated staff to lodge Disclosure of Interest Returns in accordance with Section 449 and Schedule 2 of the Local Government (General) Regulation. Section 450(A) of the Act requires General Managers to keep a Register of Returns and to table Returns at the first Council meeting after the last date for lodgement (30 September 2007).

 

ISSUES:

 

In tabling the Register of Disclosure of Interests for 2006/2007, I report that all Councillors and staff have submitted their duly completed returns within the prescribed time, with the exception of an employee who is on extended leave (a Senior Environmental Health Officer) and an employee who is on Maternity Leave (the Team Leader - Assessments).  These staff will be requested to complete their returns as soon as they return to work.

 

Anyone is entitled to inspect the “Returns of the Interests of Councillors, designated persons and delegates” under Section 12 of the Local Government Act 1993.

 

RELATIONSHIP TO CITY PLAN:

 

There is no relationship with the City Plan.  The tabling of Disclosure of Interest Returns is a legislative requirement.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

It is now necessary for the Disclosure of Interests Register (for the period 1 July 2006 to 30 June 2007) to be tabled at this Council Meeting and the Council has discharged its duty in relation to the past disclosure year.

 

RECOMMENDATION:

 

That:

 

a)       the report be received and noted; and

 

b)       it be noted that the 2006/2007 Disclosure of Interests Register has been tabled at the Ordinary Meeting of the Council held on 30 October 2007.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

.....................................

GENERAL MANAGER

 

 

 

 


 

GENERAL MANAGER'S REPORT 42/2007

 

 

SUBJECT:

AFFIXING OF THE COUNCIL SEAL

 

 

DATE:

5 October, 2007

FILE NO:

F2004/06336

 

 

REPORT BY:            GENERAL MANAGER   

 

INTRODUCTION:

 

Clause 400 (Part 13) of the Local Government (General) Regulation 2005 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

ISSUES:

 

It is necessary for the Council’s Seal to be affixed to the signing of agreements between Council and:

 

1.  Patricia Eugenie Wing in relation to a Withdrawal of Caveat over the property located at 33 Byrne Crescent, Maroubra.

2.  Christopher Warhurst (T/As Beach Palace Hotel) in relation to a licence for the purpose of outdoor dining at 169 Dolphin Street, Coogee.

3.  Adam Alrubai (T/As Alison Lebanese Cuisine) in relation to a licence for the purpose of outdoor dining at 169 Alison Road, Randwick.

4.  Chelsea Mayer (T/As Morning Glory Café) in relation to a licence for the purpose of outdoor dining at 2/128-130 Beach Street, Coogee.

5.  Ozkan Yildirim (T/As Fresh Ground Sandwiches & Espresso) in relation to a licence for the purpose of outdoor dining at 154 Belmore Road, Randwick.

6.  Scott Keir (T/As Cushion (Crowne Plaza Coogee)) in relation to a licence for the purpose of outdoor dining at 242 Arden Street, Coogee.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 7:    A Liveable City that Balances Growth and Change.

Direction 7f:   Town Centres that meet the needs of our community as places to work, shop, live and socialise.

 

FINANCIAL IMPACT STATEMENT:

 

In signing of these agreements, Council will receive the following income:

 

1.  A Withdrawal of Caveat with Patricia Eugenie will have no direct financial impact.

2.  A licence agreement with Christopher Warhurst (T/As Beach Palace Hotel) will generate an annual income of $46,420.80 + GST.

3.  A licence agreement with Adam Alrubai (T/As Alison Lebanese Cuisine) will generate an annual income of $1,597.10 + GST.

4.  A licence agreement with Chelsea Mayer (T/As Morning Glory Café) will generate an annual income of $3,542.64 + GST.

5.  A licence agreement with Ozkan Yildirim (T/As Fresh Ground Sandwiches & Espresso) will generate an annual income of $1,330.92 + GST.

6.  A licence agreement with Scott Keir (T/As Cusion (Crown Plaza Coogee)) will generate an annual income of $20,522.88 + GST.

 

CONCLUSION:

 

As Clause 400 (part 13) of the Local Government (General) Regulation requires that the Council pass a resolution authorising the Affixing of the Seal, it is necessary for this action to take place to facilitate legal formalities.

 

RECOMMENDATION:

 

That the Council’s Seal be affixed to the signing of agreements between Council and:

 

1.  Patricia Eugenie Wing in relation to a Withdrawal of Caveat over the property located at 33 Byrne Crescent, Maroubra.

2.  Christopher Warhurst (T/As Beach Palace Hotel) in relation to a licence for the purpose of outdoor dining at 169 Dolphin Street, Coogee.

3.  Adam Alrubai (T/As Alison Lebanese Cuisine) in relation to a licence for the purpose of outdoor dining at 169 Alison Road, Randwick.

4.  Chelsea Mayer (T/As Morning Glory Café) in relation to a licence for the purpose of outdoor dining at 2/128-130 Beach Street, Coogee.

5.  Ozkan Yildirim (T/As Fresh Ground Sandwiches & Espresso) in relation to a licence for the purpose of outdoor dining at 154 Belmore Road, Randwick.

6.  Scott Keir (T/As Cushion (Crown Plaza Coogee)) in relation to a licence for the purpose of outdoor dining at 242 Arden Street, Coogee.

 

ATTACHMENT/S:

 

Nil

 

 

 

.....................................

GENERAL MANAGER

 

 

 

 


 

Director, City Services' Report 72/2007

 

 

SUBJECT:

OPEN AIR CINEMA 2007-2008

 

 

DATE:

18 October, 2007

FILE NO:

F2004/07550

 

 

REPORT BY:            DIRECTOR, CITY SERVICES    

 

 

INTRODUCTION:

 

Council has received a request for event approval from Think Big Events to hold an open air cinema over the summer period in the Randwick City area. In a submission to Council, the event organiser has requested that consideration be given to either Grant Reserve, Coogee or to Arthur Byrne Reserve, Maroubra.  The event would be launched on 1 December, 2007 and conclude late January 2008.  Two alternate programs have been submitted with the first comprising 53 nights and the second a reduced programme of 48 nights.  Both programs would be launched on the 1st December and conclude on the 31st January.

 

ISSUES:

 

The open air cinema concept has been a growing activity within the Sydney region over the last 10 years with expanded programmes being developed in many locations with the more prominent being the Open Air Cinema at the Botanic Gardens, Centennial Parklands and more recently, Olympic Park, Homebush.  The open air cinema concept provides a range of movie types suitable for differing tastes and age groups and is ideally suited to Sydney’s temperate and warm summer evenings.

 

In terms of location, the proponent has put forward both Grant Reserve and Arthur Byrne Reserve as options for Council to consider.  Both locations are considered appropriate from a space and setting point of view but Grant Reserve has less favourable parking opportunities for persons needing to get to the location by car.   Another limiting factor to the selection of Grant Reserve is that the Coogee Arts Festival event has for a number of years used Grant Reserve as location for a significant part of its programme which has normally commenced in late January.  This may be seen by some as an over use of the reserve.

 

The event proposal submitted by Think Big Events which provides further information is attached to this report.

 

FINANCIAL IMPACT STATEMENT:

 

The approval of this event would be an income producing activity for Council through the payment of application and park hire fees.

 


RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 5:    Excellence in recreation and lifestyle opportunities.

Directioon5a:  Maximise opportunities for residents and visitors to enjoy both active and passive open space uses.

Direction 5b:  A range of cultural, sporting and leisure activities.

Key Action:    Increase public art, performance spaces and opportunities for creative expression across our City.

 

CONCLUSION:

 

It is believed that an open air cinema concept for the Maroubra Beach area would be a beneficial activity for the area and would provide the local and broader community to experience an open air cinema within the local area.

 

It is considered that an approval in principle is appropriate and that the proposal by Think Big Events be accepted subject to compliance with any conditions of approval.

 

RECOMMENDATION:

 

That Council approve in principle an open air cinema event at Arthur Byrne Reserve commencing on December 1st 2007 and concluding January 31st 2008 subject to compliance to conditions of approval.

 

ATTACHMENT/S:

 

Proposal by Think Big Events

 

 

 

………………………………

………………………………

JORDE FRANGOPLES

JOHN CALVANI

DIRECTOR, CITY SERVICES

COOORDINATOR PARKS AND RECREATIONS

 














Director, City Services' Report 73/2007

 

 

 

SUBJECT:

PUBLIC LIBRARIES NSW - METROPOLITAN ASSOCIATION (PLM) INC.

 

 

DATE:

22 October, 2007

FILE NO:

F2004/08383

 

 

REPORT BY:            DIRECTOR, CITY SERVICES  

 

 

INTRODUCTION:

 

The AGM of the Public Libraries NSW – Metropolitan Association (PLM) Inc. will be held on Friday 30 November 2007 at Strathfield Library. Randwick City Council, as a member of the Public Libraries NSW – Metropolitan Association (PLM) is invited to nominate a Councillor to stand for the office of President and/or Vice President of the Association. The election of the President (Councillor only) and Vice President (Councillor only) will be conducted by personal ballot or proxy at the AGM.

 

ISSUES:

 

Public Libraries NSW – Metropolitan Association (PLM) Inc. is the professional body of the Library and Information Service profession in New South Wales. Councillors wishing to nominate to one of the elected positions on the PLM Executive are required to complete a nomination form (see Attachment 1). Nominations for the office of President or Vice President must be received by the Returning Officer by 23 November 2007:

 

Kathleen Bresnahan

Assistant State Librarian

Public Library Services

State Library of NSW

Macquarie Street

SYDNEY   NSW   2000

 

Nominees’ details will be circulated to all Councils prior to the election. Each member Council has one vote with the Councillor Representative exercising the voting right if present. If the Councillor Representative is not present, the other Council representative, usually the Library Manager, exercises the voting right. If neither representative can attend, a proxy form (Attachment 2) can be sent in instead.

 

RELATIONSHIP TO CITY PLAN:

 

Outcome 5:       Excellence in recreation and lifestyle opportunities

Direction:          Library programmes, resources and facilities provide innovative and inspirational opportunities for education and leisure

Key Actions:      Our libraries will continue to be central to community involvement and interaction.

 


FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

Councillors are invited to nominate for President or Vice President of the Public Libraries NSW – Metropolitan Association Inc. to the Returning Officer by the 23 November 2007. Council will vote for the nominated President and Vice President at the Annual General Meeting on 30 November, via its representatives or by proxy.

 

RECOMMENDATION:

 

That:

 

(a)      any Councillor wishing to nominate for the position of President or Vice President of the Public Libraries NSW – Metropolitan Association Inc. indicate their interest and apply to the Returning Officer by 23 November 2007

 

(b)      that Council’s Councillor Representative and/or the Manager, Library and Community Services attend the Annual General Meeting on 30 November 2007 to vote on its behalf.

 

ATTACHMENT/S:

 

1.  PLM Nominations for President/Vice President Form.

2.  Form of Appointment of Proxy. 

 

 

………………………………

………………………………

JORDE FRANGOPLES

BARBARA TODES

DIRECTOR, CITY SERVICES

MANAGER, LIBRARY AND COMMUNITY SERVICES

 

 


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 




 

Director, Governance & Financial Services' Report 65/2007

 

 

 

SUBJECT:

NOTICE OF VESTING OF LAND IN COUNCIL - 1R & 2R WATERSIDE AVENUE, MAROUBRA

 

 

DATE:

2 October, 2007