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

 

 

 

 

 

 

 

 

2nd October, 2007

 

PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 9TH OCTOBER, 2007 AT 6.30 P.M.

 

Committee Members:             The Mayor, Cr B. Notley-Smith, Crs Andrews, Bastic, Belleli, Daley, Hughes, Kenny, Matson (Deputy Chairperson), Nash (Chairperson), Procopiadis, Seng, Sullivan, Tracey, White & Woodsmith.

 

Quorum:                              Eight (8) members.

 

NOTE: AT THE EXTRAORDINARY MEETING HELD ON 28TH SEPTEMBER, 2004, THE COUNCIL RESOLVED THAT THE PLANNING COMMITTEE BE CONSTITUTED AS A COMMITTEE WHOSE MEMBERSHIP CONSISTS OF ALL MEMBERS OF THE COUNCIL AND WITH FULL DELEGATION TO DETERMINE MATTERS ON THE AGENDA.

 

 

1           Apologies/Granting of leave of absences

 

2           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE PLANNING COMMITTEE MEETING HELD ON TUESDAY, 11TH SEPTEMBER, 2007.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addressing of Committee by Members of the Public

 

5           Urgent Business

 

6           Development Applications

 

6.1                      

DEVELOPMENT APPLICATION REPORT - 26-34 MALABAR ROAD, 36-40 MALABAR ROAD, 1-5 YAMBA PLACE, 4-10 ELPHINSTONE ROAD, 12-16 ELPHINSTONE ROAD, 2-14 ILUKA PLACE, SOUTH COOGEE.

2

6.2                      

DEVELOPMENT APPLICATION REPORT - 71 CARRINGTON ROAD, CLOVELLY.

19

6.3                      

DEVELOPMENT APPLICATION REPORT - 8 NOLAN AVENUE, CLOVELLY.

52

6.4                      

DEVELOPMENT APPLICATION REPORT - 10-16A BREAM STREET, COOGEE.

84

 

7           Confidential Items (Closed Session)

 

8           Notice of Rescission Motions

……………………………

GENERAL MANAGER

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

16 August, 2007

FILE NO:

DA/480/2007 & PROP026188

 

PROPOSAL:

 Upgrade of external landscaping, garbage bin bays, entry elements, fencing and clothes courts in existing Department of Housing estate.

PROPERTY:

 26-34 Malabar Road, 36-40 Malabar Road, 1-5 Yamba Place, 4-10 Elphinstone Road, 12-16 Elphinstone Road, 2-14 Iluka Place, SOUTH COOGEE  NSW  2034

WARD:

 Central Ward

APPLICANT:

 Department Of Housing

OWNER:

Department Of Housing

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to Committee as it is valued at $2,670,000.

 

The development application falls within the terms of Section 116C of the Environmental Planning and Assessment Act 1979 as amended. This means that Council may not refuse the application without the consent of the Minister nor may it impose conditions, without the consent of the applicant or the Minister.

 

The proposed development is part of a concerted effort by the Department of Housing to upgrade and improve the amenity of public housing for its residents. The proposed development mainly incorporates upgrading of landscaping, incorporating new entries canopies, clothes drying areas, mail boxes, bin areas and accessibility for its residents.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

It is proposed to carryout the following works:

•  locate along various frontages new entry canopies up to 2.5m in height, bin enclosures and mail boxes

•  remove existing clothes hoists and reconfigure within dedicated clothes drying courts in order to upgrade and improve open space amenity

•  upgrade landscaping within and along the periphery of the subject sites.

•  Demolish interspersed single level structures on site

•  upgrade and in some instances reconfigure external stairways and pathways

•  New 1200mm and 1800mm high open metal palisade fencing to the frontages and boundaries respectively

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is made up of four main lots within a wider public housing estate. Elphinstone Road is the main thoroughfare between the lots. Yamba Place and Illuka Place are cul de sacs located east of Elphinstone Road. The existing use on the sites is as medium density residential public housing complex occupied by 27 blocks varying from one to 3 storey walk up flat buildings.

 

The sites include the following addresses and lot numbers:

 

1.  26, 28, 30 &32 Malabar Road, 1, 2, 3, 4 & 5 Yamba Place identified as Lots 4, 6 & 7 of DP 222960 with a combined site area of 9,010.6 sqm and occupied by:

 

•        5 three storey buildings (38 apartments) and

•        1 single storey building (3 apartments)

 

2.  34, 36, 38 & 40 Malabar Road, 1, 2, 3, 4, 6, 8, 10, 12 & 14 Illuka Place with a combined site area of 9,604sqm and occupied by:

 

•        9 three storey buildings (68 apartments)

•        1 single storey building (8 apartments)

 

3.  12, 14 & 16 Elphinstone Road with a combined site area of 9,737sqm and occupied by:

 

•        3 three storey buildings (57 apartments)

 

4.  4, 6, 8 & 10 Elphinstone Road, 2 & 4 Wauchope Crescent with a combined site area of 7,087sqm and occupied by:

 

•        2 three storey buildings (63 apartments)

 

The surrounding area is residential in character and contains a mixture of medium public housing estates, low scale residential dwellings and an aged care housing facility. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: Subject site and surrounding area

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The application has been amended to include the provision of bin wash areas throughout the site. The amended plans have been suitably referenced in condition no. 1.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP for Public Notification. No submissions were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1 Building and Construction Issues

 

BCA Building Classification

Class       -        2        (Residential)

 

6.2 Engineering Issues

 

An application has been received for waste management upgrades, new fencing, clothes courts, entry elements and associated landscape works at the above site, comprising:

 

·                   Stage 4 – 26, 28, 30 & 32 Malabar Road, and 1, 3 & 5 Yamba Place;

·                   Stage 5 – 34, 36, 38 & 40 Malabar Road, and 1, 2, 3, 4, 6, 8, 10, 12 & 14 Iluka Place;

·                   Stage 9 – 12, 14 & 16 Elphinstone Road

·                   Stage 11 – 4, 6, 8, 10 Elphinstone Road & 2 & 4 Wauhope Crescent.

 

This report is based on the following plans and documentation:

•   Statement of Environmental Effects by DEM, project number 3934.00, Existing Housing Upgrading, package A, issue C, dated 30th May 2007.

 

Landscape Comments

There is a wide variety of shrubs and trees (570 in total) of differing sizes and classes of health and condition throughout the site which may be affected by the works contained in this application, and while numerous trees are shown for removal, it is determined that this would not have an impact on site, neighbourhood or environmental amenity given the sheer quantity of trees present throughout the site, and the extent of vegetative cover that will be maintained.

 

A preliminary site inspection combined with a review of the submitted documentation confirmed that Council’s Landscape Development Officer would not raise any objections to the works contained in this application, with conditions provided on that basis.

 

Waste Management Comments

Discussions were held with Council’s Waste Compliance Officer (W Hay) regarding the reverting to 240 litre waste bins for the Dept Housing site and he has advised that earlier discussions were made with the Dept of Housing and that there are no objections to there proposal.

 

The proposed Bin Wash areas of 4.5m2 are allowed to be connected to the sewer without the need to be covered. This was previously advised by Sydney Water as the stormwater surface run-off within the Bin Wash area is considered minimal.

 

The applicant has since submitted additional details indicating the provision of 5 bin wash areas throughout the two lots. These bin wash areas are shown on the plans numbered la 11-0501 rev. no a06, la 9-0501 rev. no a06, la 5-0501 rev. no a06, la 4-0501 rev. no a06, dated 30.07.07 and plans numbered la11-8903 rev. no. a05, la9-8902 rev. no. a05, la5-8905 rev. no. a05, la4-8904 rev. no. a05 dated 30.07.07 and all received by Council on 30 July 2007.

 

7.    MASTER PLANNING REQUIREMENTS

 

A master plan/DCP is required to be submitted where the subject sites have total areas over 4000sqm. The subject sites have total areas of 9,604sqm, 9,604sqm, 9,737sqm and 7,087sqm. In instances where it is considered the proposed development is of a minor and ancillary nature the requirement for a DCP or staged DA may be waived. It is considered the proposed upgrade works are of a minor and ancillary nature and therefore it is recommended the requirement for a DCP or staged DA be waived.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

-   Randwick Local Environmental Plan 1998.

-   Building Code of Australia.

-   Development Control Plan– Multi Unit Housing.

 

(a)  Randwick Local Environmental Plan 1998

 

The site is zoned No. 2C (Residential C Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Residential

Clause No.

Requirement

Provided

Compliance

31 - Landscape Area

50%

See below

Yes

33 - Building Height

12m overall and 10m external wall height

2.5m

Yes

Other Clauses

Effect

Applies

Comment

29

Foreshore Scenic Protection Area

No

 

43

Heritage Item of Conservation Area

No

 

46

Vicinity of Heritage Item

No

 

 

a)      Clause 31 Landscaped Area

 

Clause 31 of LEP 1998 states that a minimum of 50% of the site area must be provided as landscaped area for multi-unit housing.  Landscaped areas over podiums or excavated basement areas must not exceed 50% of that requirement.

The proposal for:

 

·                26, 28, 30 &32 Malabar Road, 1, 2, 3, 4 & 5 Yamba Place identified as Lots 4, 6 & 7 of DP 222960 with a combined site area of 9,010.6 sqm will have 80% of the site as landscaped area and, therefore, complies.

 

·                34, 36, 38 & 40 Malabar Road, 1, 2, 3, 4, 6, 8, 10, 12 & 14 Illuka Place with a combined site area of 9,604sqm will have 81% of the site as landscaped area and, therefore, complies.

 

·                12, 14 & 16 Elphinstone Road with a combined site area of 9,737sqm will have 88.53% of the site as landscaped area and, therefore, complies.

 

·                4, 6, 8 & 10 Elphinstone Road, 2 & 4 Wauchope Crescent with a combined site area of 7,087sqm will have 77% of the site as landscaped area and, therefore, complies.

 

b)    Height

 

Clause 33 of LEP 1998 imposes a maximum overall building height of 12 metres for buildings on land zoned 2C.  It also imposes a maximum external wall height of 10 metres for buildings on land zoned 2C. 

 

The proposed development for entry porticos has a maximum overall height of 2.5m metres and, therefore, complies.

 

8.1 Policy Controls

 

a.      Development Control Plan No. Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1  Development applications accompanied by Site Analysis Plan.

 

Complies

Height

P1  Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

The porticos are open structures creating focal points of entry and where they are connected with garbage bays the height of solid structures are limited and suitably articulated incorporating a change in materials, such as metal lattice screens installed after the first 600mm of brickwork. Landscaping is to be installed and or replaced adjacent to and behind these structures. Complies

P2  Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.


 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

The porticos are open structures creating focal points of entry and where they are connected with garbage bays the height of solid structures are limited to heights of 1.5m. Landscaping is either retained, and or installed adjacent to and behind these structures in order to soften the appearance of these structures on the front boundary. Complies.

P2  Side boundary setbacks

Side setbacks to ensure:

       Solar access maintained and overshadowing minimised.

       Privacy between adjoining dwellings and open spaces.

       Landscaping and private open space provided.

Streetscape amenity is maintained.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Complies

P3  Rear Boundary Setbacks

Ensure that:

       solar access and overshadowing are minimised.

       Privacy between neighbouring dwellings and their open spaces provided.

      

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres

Maximum length of wall without articulation 10 metres.

Complies

       Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

       Building built across site.

 

 

Density

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

 

NA


 

Fences

P1  Fences to be/have:         

       consistent with streetscape;

       Entrances highlighted; and

       Planting used to soften and provide privacy.

S1  Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

  The proposed metal palisade fences along the front boundaries reach a maximum height of 1.2m. Complies.

  The garbage bays exceed the preferred solution with the solid component reaching a height of 1.5m. However in this instance it is considered appropriate given that the garbage bays integrate with the main entry porticos. Further the majority of the open designed fencing, and the mix between brick and metal, and in some instances groundcover landscaping between or adjacent to these enclosures softens their appearance within the streetscape. It is therefore considered the proposed fencing complies with objectives and performance requirements.

 

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1  Minimum for landscaped area 2 metres.

The proposed landscape works provide for separate private open space areas for most apartment buildings. This is achieved by constructing fences between blocks, levelling land to increase the amount of usable open space, relocation of bin enclosures and provision of separate clothes drying bays. This approach is considered to achieve complies with the objectives of the DCP. Complies.

P2  Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

P3  Private Open Space

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

 

Privacy

P1  Visual Privacy

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

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

The proposed works with particular regard to the construction of retaining walls, fencing, relocated clothes drying facilities and separation of open space areas achieve both visual and acoustic privacy for occupants of separate sections of the site. Complies.

P2  Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

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

 

 

P4  Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

Complies.

Safety and Security

P1  Design allows surveillance.

 

The proposed landscaping works, porticos, garbage bin areas and fencing provide separation of the Housing from the street access therefore improving safety and security. The open design of the fencing and porticos, and the provision of lighting and seating to these porticos also allow for casual surveillance of the street. Complies.

P2  Approaches and entries are visible.

 

P3  High walls and structures avoided.

 

P4  Resident car parking has security grilles or doors.

 

P5  Visitor parking spaces clearly identifiable.

 

P6  Adequate lighting for personal safety and security provided.

 

P7  Adequate lighting is provided in common areas.

 

P8  External lighting does create a nuisance.

 

Utilities/Site Facilities

P1  Mailboxes provided in accordance with Australia Post.

 

Complies.

Waste Minimisation and Management

P1  Waste collection and separation facilities for each dwelling.

S1  Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

The waste bin areas are located adjacent to the entry porticos on various frontages in a decentralised position. Doesn’t comply. It is considered this approach to waste collection is reasonable and appropriate to the site, given the developments focus provides a more socially acceptable level of affordable housing.

In addition, Councils Waste section has indicated no concern with the proposal in terms of ease of collection and as such it is considered the proposal is acceptable. See section 5.

P2  Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

P3  The location and design of waste facilities does not visually detract from the development or the streetscape.

S3  Waste facilities not to be located between the front building alignment and the road.

 

9.    ENVIRONMENTAL ASSESSMENT

 

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

 

9.1    Site Suitability

 

The proposed works involving upgrading of concrete areas, providing adequate separation between the multi-unit dwellings, general landscaping works and installation of entry porticos and associated structures on the site will contribute to the appearance and amenity of the site and streetscape

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

Outcome 6:        A liveable City.

Direction 6R:      Housing diversity, accessibility and adaptability to support our diverse community is enhanced.

 

11. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

 

 

12. CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP – Multi Unit Housing and will not result in any

 

adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/480/2007 for upgrade of external landscaping, garbage bin bays, entry elements, fencing and clothes courts in existing Department of Housing estate. at 26-34 Malabar Road, 36-40 Malabar Road, 1-5 Yamba Place, 4-10 Elphinstone Road, 12-16 Elphinstone Road, 2-14 Iluka Place, SOUTH COOGEE  NSW  2034 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 following plans:

 

Plans numbered

Dated

Received by Council

Stage 4 plans:

 

 

la4-0201 rev a02

30.05.07

14 June 2007

la4-0501 rev a05

30.05.07

14 June 2007

la4-0502 rev a02

30.05.07

14 June 2007

la4-8901 rev a04

30.05.07

14 June 2007

la4-8902 rev a04

30.05.07

14 June 2007

la4-8903 rev a03

30.05.07

14 June 2007

la4-8904 rev a04

30.05.07

14 June 2007

Stage 5 plans:

 

 

la5-0201 rev a02

30.05.07

14 June 2007

la5-0501 rev a05

30.05.07

14 June 2007

la5-0502

21.03.07

14 June 2007

la5-8901 rev a04

30.05.07

14 June 2007

la5-8902 rev a04

30.05.07

14 June 2007

la5-8903 rev a04

30.05.07

14 June 2007

la5-8904 rev a04

30.05.07

14 June 2007

la5-8905 rev a04

30.05.07

14 June 2007

Stage 9 plans:

 

 

la9-0201 rev a02

30.05.07

14 June 2007

la9-0501 rev a05

30.05.07

14 June 2007

la9-0502 rev a02

30.05.07

14 June 2007

la9-8901 rev a04

30.05.07

14 June 2007

la9-8902 rev a04

30.05.07

14 June 2007

Stage 10 plans:

 

 

la11-0201 rev a02

30.05.07

14 June 2007

la11-0501 rev a05

30.05.07

14 June 2007

la11-0502 rev a02

30.05.07

14 June 2007

la11-8901 rev a04

30.05.07

14 June 2007

la11-8902 rev a04

30.05.07

14 June 2007

la11-8903 rev a04

30.05.07

14 June 2007

 

as amended by plans numbered la 11-0501 rev. no a06, la 9-0501 rev. no a06, la 5-0501 rev. no a06, la 4-0501 rev. no a06, dated 30.07.07 and plans numbered la11-8903 rev. no. a05, la9-8902 rev. no. a05, la5-8905 rev. no. a05, la4-8904 rev. no. a05 dated 30.07.07 and all received by Council on 30 July 2007; “Statement of Environmental Effects” project number 3934.00, dated 30 May 2007, by DEM, and stamped received at Council on 14 June 2007; the application form and on any supporting information received with the application, except as may be amended by the following conditions:

 

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

 

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

 

4.       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;

·               name, address and telephone number of the Project Manager,

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

 

5.       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 commencement of work, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979

 

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

 

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

 

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

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

7.       The bin wash areas are to be graded and drained to the sewer to the requirements of Sydney Water.

 

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

 

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

 

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

 

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

 

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:

 

11.     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.

 

12.     All excavations and backfilling associated with the proposed works must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the works, 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.

 

13.     Surface water/stormwater must be drained and discharged to the street gutter or a suitably designed Absorption pit.

 

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

 

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

 

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

 

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

 

16.     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.

 

17.     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.

 

18.     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.

 

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

 

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

 

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

 

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

 

20.     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.

 

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.

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

24.     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.

25.     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:

 

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

 

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

 

27.     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.

 

28.     Landscaping at the site shall be installed in accordance with the Landscape Plans and Planting Palettes, drawing numbers la4, la5, la9 & la11-0501 & 0502, project number 3934-00, revisions a05 & a02, dated 30/5/07, 31/05/07 & 21/03/07, 31/05/07 & 30/05/07 and 31/05/07 & 30/05/07 respectively, prior to completion.

 

29.     Approval is granted for the removal of those trees within the site which have been assigned a SULE (Safe Useful Life Expectancy) rating of 2,3 or 4, as detailed in the Tree Report by Treescan Urban Forestry Management, due either to poor health and condition, or in order to accommodate the proposed works as shown.

 

30.     Those trees assigned a SULE rating of 1, 2 or 3, as detailed in the Tree Report by Treescan Urban Forestry Management, and are deemed suitable and practical for retention as part of the proposed works shall be retained and protected in accordance with ‘Tree Protection During Construction’ and ‘Tree Maintenance Post Construction’, as contained on page 4 and 5 of the report respectively.

 

31.     Prior to the physical commencement of any works at the site, a suitably qualified site Arborist shall be engaged to clearly and correctly identify/tag those trees to be retained or removed at the site, as per the tree numbers assigned in the Arborists Report.

 

32.     Permission is granted for the selective pruning of only those branches which need to be pruned in order to avoid either damage/conflict with site machinery or similar during the course of the works, or to improve the form or structure of those existing trees being retained at the site.

 

33.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and shall be performed to the requirements of Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

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

ELIAS COOREY

DIRECTOR, CITY PLANNING

ASSESSMENT OFFICER



 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 September, 2007

FILE NO:

DA/534/2007 & PROP051370

 

PROPOSAL:

 Alterations and additions to existing dwelling including first floor addition with rear deck, in ground swimming pool to rear, alteration to existing garage, construction of carport to front of dwelling and new fencing at front and rear.

PROPERTY:

 71 Carrington Road, Clovelly

WARD:

 North Ward

APPLICANT:

 Edifice Design Pty Ltd

OWNER:

 Mr A Conway and Mrs B S Conway

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The development application is seeking development consent to construct a first floor addition to the existing single storey dwelling with a rear terrace, a new front hard stand car space off the Carrington Road frontage, new rear in-ground swimming pool and a new rear ground floor deck. The proposed development will also include rainwater tanks along the southern side boundary and extensive internal reconfigurations including the relocation of the rear laundry to the southern side of the site with a new laundry door access to the southern side passage of the site. The proposed development was lodged on 28 June 2007 and notified to the surrounding properties from 12 July 2007 to 26 July 2007, during which two objections were received, one each from the adjoining southern and northern properties at no.73 and no.69A Carrington Road, respectively. The objections generally raised concerns regarding the proposed bulk and scale of the first floor addition, visual and acoustic privacy impacts, impacts to solar access and the potential for the proposal to affect the existing streetscape. A visit to the subject site and adjoining property to the south resulted in amended plans being requested that made some changes to reduce visual privacy, improve the presentation of the development to Carrington Road and lessen the impact of the development to solar access. The objector to the south at no.73 Carrington Road, not satisfied with the amendments, were successful in having the development application referred to Council for determination.

 

Generally the proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposed development is consistent with the preferred solutions for landscaped area, building height and privacy and satisfies the performance requirements of the other items contained in the DCP such as floor space ratio and setbacks. The proposed setbacks to the first floor addition are not consistent with the preferred solutions and may result in some loss of solar access to the adjoining property to the south, however, as discussed in this report, the impact is acceptable as the DCP allows for non-compliances along a southern boundary especially where it is demonstrated that the proposed development is reasonable and the impacts not significant or adverse. It is noted that the other site factors as the lower ground level of the adjoining property to the south and the east-west orientation of the sites significantly influence and exacerbate the solar access impacts of the development. As such, the proposal is deemed to satisfy the performance requirements of the DCP and generally the proposal is acceptable in respect to bulk and scale.

 

Therefore the proposal is recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves alterations and additions to the existing single storey dwelling with a new first floor addition, a new rear in-ground swimming pool, rear first floor deck and reconfigured internal layout of the existing ground floor. The proposed development also includes a new front hard stand car parking space accessed off Carrington Road.

 

 

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Carrington Road and is presently occupied by an existing single storey dwelling. The site is rectangular, relatively flat, has a frontage width of 10.365m, a side boundary depth of 37.185m and has an overall site area of 385.36sqm.  Neighbouring the property to the south is a single storey dwelling, to the north is a single storey semi-detached dwelling and to the rear is the site’s rear frontage to Carey Street. The surrounding area is residential in character and consists predominantly of single detached dwellings and some semi-detached dwellings. Figure 1 below is an aerial view of the subject site and surrounding area. Figure 2 also below is photograph of the subject site from Carrington Road.

 

Figure 1: The subject site and surrounding area.

 

4.    SITE HISTORY

 

4.1      Application History

 

The proposed development was lodged on 28 June 2007 and notified to the surrounding properties from 12 July 2007 to 26 July 2007, during which two objections were received, one each from the adjoining southern and northern properties at no.73 and no.69A Carrington Road, respectively. The objections generally raised concerns regarding the proposed bulk and scale of the first floor addition, visual and acoustic privacy impacts, impacts to solar access and the potential for the proposal to affect the existing streetscape. A visit to the subject site and adjoining property to the south resulted in amended plans being requested that made some changes to reduce visual privacy, improve the presentation of the development to Carrington Road and lessen the impact of the development to solar access. The objector to the south at no.73 Carrington Road, not satisfied with the amendments, were successful in having the development application referred to Council for determination.

 

4.2      History of Site Usage

Previous applications submitted for development on the site includes:

Development No.

Description

Determination

BA/1294/1982

Alterations and additions.

Approved in 1982.

BA/382/1988

Additions to the existing dwelling.

Approved on 21 April 1988

BC/122/1996

Single storey brick dwelling with tile and metal roof.

Approved on 28 May 1996.

CDC/76/2004

Reduction in size of the rear garage demolition of side rear walls (attached to the rear of the house) & part demolition & reconstruction of the rear brick fence with a new rear facing gate.

Approved on 26 May 2004.

 

Figure 2: The subject site from Carrington Road.

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP – Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

 

5.1 Objections

Ann Loveday – 69A Carrington Road, Clovelly.

Issue

Comment

The proposed development does not comply with the 1.5m first floor setbacks and will result in reduce views of “blue sky, clouds and rain”.

The proposed first floor setback to the northern side is acceptable given the proposal’s compliance with external wall height.

The proposed front car port to Carrington Road will adversely affect the facade of the dwelling and “sits right beside our front bedroom.”

The amended plans received on 11 September 2007 deleted the front car port from the plans.

Damian O’Toole Town Planning Pty Ltd on behalf of the owners of no.73 Carrington Road, Clovelly.

Issue

Comment

The proposed first floor setback is inadequate and will significantly reduce solar access to the north facing windows of no.73 Carrington Road.

The proposed setback of the first floor is 1.2m and fails to satisfy the preferred solution by 300mm. The amended plans have attempted to address this issue of solar access by reducing the eaves along the southern boundary from 300mm to 100mm which will not affect the BASIX requirements as the reduction is to the southern elevation and will not affect solar access. The issue of the proposed first floor setback is assessed section 8.3.1 of this report.

The proposed development will significantly impact upon the visual privacy of the occupants of no.73 Carrington Road.

The proposal has been amended to ameliorate the potential impacts to visual privacy of the adjoining properties. The impacts are considered reasonable and a condition has been included with the development consent that will require the first floor windows to the southern elevation to be frosted, except the westernmost window of the first floor study.

The proposed front car port is inconsistent with the dominant character of the area and will adversely impact the streetscape.

The proposed front carport has been deleted from the plans. The front hard stand car space remains as part of the proposed development.

The proposed nil-setback of the swimming to the southern boundary will have the potential to adversely impact upon the structural integrity of the structures located on the objector’s property.

A condition has been included with the development consent that will require dilapidation report to be submitted to the adjoining owner at no.73 Carrington Rd and Council prior to a construction certificate being issued.

Following a site visit to the subject site and to the objector’s property at 73 Carrington Road, amended plans were requested to be submitted to address the issues of visual and acoustic privacy, solar access and visual amenity. Amended plans were received by Council on 11 September 2007 and the most affect property, no.73 Carrington Road, was invited to view the amended plans. Objections relating to the non-compliant setback of the proposed first floor, visual privacy impacts of the proposed laundry door and general impacts to solar access were reiterated.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1 Development Engineer

 

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

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

 

This report is based on the following plans and documentation:

 

·                               Job No 07164 (DA1-DA8) by edifice dated May2007.

 

Landscape Comments

 

There is a Cheese tree located on Council’s nature strip outside the above premises, in Carrington Road, which will require removal to allow for construction of the proposed vehicular access. Permission is granted for the removal of the tree subject to the applicant meeting the cost of planting a replacement 25 litre Cheese tree between the proposed driveway and new gate entrance.

 

Should the application be approved the conditions included with this memorandum shall apply.

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Randwick Local Environmental Plan 1998.

-   Draft Dwelling House and Attached Dual Occupancy Development Control Plan (Draft DCP)

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

-   Building Code of Australia (BCA).

 

 

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

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. SEPP: BASIX requirements for alterations and additions came into force on 1 October 2006 and apply to:

 

-   Renovation work valued at $50,000 (reduced from $100,000 on 2 July 2007) or more, or

-   The installation of a swimming pool (or pool and spa) with a capacity greater than 40,000 litres.

 

A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

As the proposed works exceed $50,000 a BASIX certificate has been submitted with the application. An appropriate condition has been included with the consent to ensure the commitments listed in the relevant BASIX Certificate for this development are fulfilled prior to the issuing of a construction certificate.

 

8.2      Randwick Local Environmental Plan 1998

 

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. Clause 10(1)(c) is noted as the proposed development may “compromise the amenity of surrounding residential areas” in this particular instance, solar access to the northern facing windows of the property to the south, no.73 Carrington Road. This issue is discussed in greater detail in report below, however, generally the proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

8.3      Draft Dwelling House and Attached Dual Occupancy Development Control Plan (Draft DCP)

 

The key changes in the Draft DCP include, and are not limited to:

 

-   Increasing the maximum FSR for sites less than 300sqm from 0.65:1 to 0.7:1.

-   Increasing the rear boundary setback from 4.5m to 9m.

-   Increasing the minimum landscaped area from 40% to 50% of the site.

-   Increasing the minimum soft landscaped area from 20% to 25% of the site.

 

The proposal would not achieve compliance with the Draft DCP as the amount of landscaping provided would not comply under the new control of 50% of the site area. Whilst numerical compliance with the draft standards is not met it is considered the proposal provides adequate landscaped areas for recreation and will not adversely impact the amenity of the surrounding properties.

 

Notwithstanding, compliance with the Draft DCP has been given minimal weight in this assessment as it is neither imminent nor certain at this point in the policy approval process.

 

 

 

8.4 Policy Controls

 

8.4.1   Dwelling Houses and Attached Dual Occupancies Development Control Plan

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

Landscaping

 

Preferred Solution

Assessment

S1

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

 

47% 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 132sqm. 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 12.5m x 10.365 metres. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

 

21% 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 0.6:1 applies. 

The proposed FSR is 0.62:1. Does not comply – see assessment below.

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

The proposal exceeds the preferred solution FSR for the site by 2% or 7.7 sqm. The degree of the non-compliance is not considered significant and will not result in the development becoming a distracting or prominent structure on the streetscape or being perceived as being an excessively bulky structure from the adjoining properties. The first floor addition maintains the setbacks of the existing ground floor footprint and is considered to integrate appropriately with the existing dwelling. The proposal is sufficiently setback from the primary frontage, incorporates a good level of articulation to the street frontage with details to the gable and the mix of materials complimenting the existing dwelling and adding visual interest.

The proposal minimises adverse impacts of bulk and scale to the surrounding properties by having a modest scale and utilising common elements such as gables to the street frontage. The bulk of the development is distributed away from the street with a significant setback ensuring the immediacy of the additional floor is not evident from the street or dominates the existing dwelling. The bulk of the development will be noticeable from the southern adjoining property however it should be noted that the floor level of no.73 Carrington Road is RL 75.87 which is 1.16m lower than the floor level of the dwelling on the subject site which has an RL of 77.04. Due to the difference in floor level, the lower level of no.73 Carrington Road will exacerbate the height of the proposed development even though the proposed first floor addition will have an external wall height that is consistent with the preferred solutions of the DCP.

Reducing the floor area by 7.7sqm is not likely to result any perceived reduction to the bulk of the building and will not provide improved solar access. It has been suggested by the owners of the adjoining property at no.73 Carrington Road that the rear setback of the first floor may be increased to provide for additional solar access to the north facing windows. Whilst such a modification may increase solar access it is only likely to be minimal and the amended plans received on 11 September 2007 made favourable modifications to the rear first floor deck by increasing the side setbacks. It should also be noted that increasing the rear setback of the first floor will provide at most, oblique sunlight access to the middle and easternmost northern windows of no.73 Carrington Road. As discussed below, reducing the non compliant setbacks of the proposed first floor and building bulk will not necessarily significantly improve solar access. Rather it is mainly the unfavourable east-west orientation, the lower ground level of no.73 Carrington Road in respect to the ground level of the subject site and the relationship of the southern edge of proposed roof and its height than will affect solar access.

As such the proposed FSR is acceptable.

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 that ranges from 5.8m to 6.2m. Complies.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

The proposed development will involve excavation for the in-ground swimming pool which is setback 1.5m the rear boundary. The size and scale of the swimming pool is considered to be reasonable and a condition has been included that will require the submission of a dilapidation report to be prepared and submitted to the owner at no.73 Carrington Rd and Council prior to a construction certificate being issued.

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 1.2m metres from the southern side boundary at first floor level and has a length of 10.6m. Complies.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed first floor addition is set back 12 metres from the front boundary and generally exceeds the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 12.7 metres from the rear boundary. Complies.

S3

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

Southern Boundary

The proposed development is set back 0.96 metres from the side boundary. Complies.

Northern Boundary

The proposed development is set back 0.9 metres from the side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

Southern Boundary

The proposed development is set back 0.96 metres from the side boundary. Does not comply – see assessment below.

Northern Boundary

The proposed development is set back 0.9 metres from the side boundary. Does not comply - See assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The proposed development will be inconsistent with the preferred solutions of the DCP by 0.54m to the southern side boundary and 0.6m to the northern side boundary. The degree of non-compliance is regarded to be moderate, however not significant given the context of the site and relatively compact built form of the proposed first floor addition. The proposed development is deemed to satisfy the performance requirements of the DCP by providing a suitable separation to the adjoining properties to provide visual relief and maintain a consistent streetscape. As noted above, the main determining factors that have a significant influence on solar access to the north facing windows of the adjoining property to the south are building height and the ground level of the subject site and adjoining properties. The setback is not considered to be a particularly determinate factor in this instance and it is considered that a compliant 1.5m setback to the southern boundary would not provide additional solar access as the angle of the mid-winter sun is at such a low angle that it would not rise to a sufficient angle to provide sunlight between the proposed first floor addition and no.73 Carrington Road. Drawing no.DA8 of the submitted plans received by Council on 28 June 2007 indicates this relationship, and shows that the 9am, 12pm and 3pm mid-winter sun angles results in the sun not penetrating the north facing windows of no.73 Carrington Road with the current site conditions.

As such it is deemed that the proposed first floor setback to the southern boundary is acceptable and increasing it by 540mm will not provide additional direct sunlight to the north facing windows.


Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal will include some windows to the proposed first floor that will overlook those of adjoining dwellings within 9 metres. A condition has been included that will require the southern facing windows to be fitted with obscure glass, except the front study window.

 

S1

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

The first floor rear deck will overlook the rear yard areas of the adjoining properties. The deck will include privacy screens to the northern and southern sides to limit the views into adjoining properties.

 

S1

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

The proposed first floor sill heights of 900mm which is 600mm less than the preferred solution. The heights are acceptable however due to the relatively low floor to ceiling height of the proposed first floor and are windows that have an acceptable size and position that is compatible with the adjoining dwellings.

 

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

The proposed dwelling has windows that overlook the street. Complies.

S2

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

Suitable condition included.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

The minimum dimensions of the parking spaces are 5.5m x 2.5m Complies.

S1

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

The proposed driveway is 3 metres wide and is set back at least 1 metre from the side boundary. Complies.

S1

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

The proposed driveway is 3 metres at the front boundary. Complies.

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.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

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. Complies.

S2

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

The proposed front car space occupies   about 29% of the width of the site frontage. Complies.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

The proposed front fence has an average height of 1.2m and a maximum height of 1.5m due to the cross fall slope of the site. Complies.

 

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Complies.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

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

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

The proposed development will reduce the solar access to the north facing windows of the adjoining property to the south, no.73 Carrington Road, to less than the minimum 3 hours prescribed in the DCP. Whilst the proposal is inconsistent with the DCP preferred solution, the impact is acceptable when considering the context of the proposal with existing development in the street and its consistency with the other preferred solutions in the DCP including external wall height.

Performance Requirement P9 under Part 3 “Ecologically Sustainable Development” of the Dwelling Houses and Attached Dual Occupancies DCP requires that:

 

“The design and siting of new buildings, alterations and additions to existing buildings and landscaping minimises loss of solar access to neighbouring properties. Solar access is to be maximised to the north facing windows of living areas and the principal outdoor recreation space of neighbouring dwellings.”

 

An assessment of the proposal in relation to the preferred solution of the DCP and the prevailing solar access conditions of the area is contained below.

 

i.          Context of Surrounding Development

The surrounding development comprises of single and two storey dwellings and semi-detached dwellings with some multi-unit residential flat buildings in the vicinity of the subject site. The properties on the opposite side of the street, which front Ravenswood Avenue, are generally two storey residential buildings with some residential flat buildings,  while adjoining the subject site to the south and north are single storey semi-detached dwellings or detached dwellings. Therefore the density of the surrounding area is a mix of relatively low densities adjoining the subject site whilst the density further to the to the north and west of the subject site is of a higher, medium density, particularly noting the residential flat buildings opposite the subject site on the western side of Carrington Road.

 

As such, the expectation of the affected property to maintain solar access to the rear private open space is reasonable however the expectation to maintain solar access to all of the northern facing windows is considered to be less reasonable considering that the subject site is particularly vulnerable to overshadowing given that the lots in the street have an east-west orientation and any increase in height to properties to the north will invariably impact upon solar access. It should also be noted that the adjoining property to the south, no.73 Carrington Road, has a ground level that is approximately 0.9m to 1.3m lower than the subject site, thus further exacerbating the potential solar access impacts that any development to the adjoining property to the north.

 

As such, considering the desired future character of the street where single storey dwellings are being developed into two storey dwellings, the lower ground level of no.73 Carrington Road, the unfavourable orientation (in respect to solar access) of the subject site and affected property, and the compliance of the proposed development with the external wall height preferred solution of the DCP, the expectation to maintain solar access is supported, however, it is deemed that a proposed development with a fully compliant side setback would have a similar degree of impact to the solar access of the adjoining southern property and as noted above, increasing the side setback will only affect mid-winter sunlight hitting the roof of no.73 Carrington Road due to the low angle of the mid-winter sun.

 

ii.         The Degree of the Impact to Solar Access

The overshadowing diagrams provided with the application indicate that the proposal will increase the amount of overshadowing to the adjoining property to the south and result in reducing the solar access to the north facing windows of no.73 Carrington Road (henceforth referred to as the ‘affected property’) to less than 3 hours of direct sunlight during the winter solstice. As such the proposal is inconsistent with the preferred solution contained within Part 3 of the Dwelling Houses and Attached Dual Occupancies DCP which states:

 

“North facing windows to living areas of neighbouring dwellings receive at least 3 hours of sunlight over at least part of their surface between 9.00am and 3.00pm on 21 June. If less than 3 hours if available under current conditions, access to sunlight is not reduced.”

          Source: Part 3, Dwelling Houses and Attached Dual Occupancies DCP, p25.

 

Currently each of the existing first floor north facing windows of the affected property receive some portion of sunlight to their surface during mid-winter however due to the lower ground level of the affected property and the existing angle of the roof of the dwelling on the subject site, the sunlight hitting the north facing windows of the affected property is generally at an oblique angle. The proposal will affect each window, however, the westernmost (dining room) and the middle (kitchen) windows will be most affected as they most likely not receive direct sunlight as a result of the proposed development. The easternmost (bathroom/laundry) window along the northern elevation of the affected property will likely receive some early morning sunlight (prior to 9am) however each of the windows will receive less than 3 hours of sunlight during the winter solstice.

 

Solar access to the rear private open space of the affected property will not be significantly affected by the proposal and will continue to receive greater than the minimum 3 hours stipulated under the DCP.

 

The solar access control is a preferred solution, and as such, other factors of the development including the appearance on the streetscape, the bulk and scale of existing development in the area, the orientation of the site and the compliance with other relevant preferred solutions can be considered. Therefore the proposal is deemed to have some impacts to solar access however the degree of the impact is not significant or adverse and does not warrant changes to the proposal as the height and floor space ration of the building are consistent with the DCP requirements.

 

iii.        The Proposed design and its compliance with the DCP

 

The proposed development embodies symmetry with twin gables to the front of the dwelling which match the roof pitch of the dwelling and a first floor addition that is setback from the street frontage to preserve the presentation of the existing facade. It is considered that the proposed development will provide a positive contribution on the streetscape, with elements borrowed from the existing dwelling and a design that is well considered and responds appropriately to the prevailing character of the street. The design of the proposal is relatively modest and provides for additional living areas to the first floor thus improving amenity for occupants of the dwelling without resulting in an excessive building form.

 

It is noted that the proposal exceeds the FSR for the site by 2% or 7.7sqm. This degree of non-compliance is not considered to result in a perceptible adverse bulk or visual impact that would affect the amenity of adjoining properties or the streetscape and the proposed development satisfies the performance requirements for floor area, which require development to minimise adverse impacts of building bulk upon adjoining properties. As noted above in this report, the proposed development is a well considered design that preserves the amenity and character of the site by siting the first floor addition away from the street and including shared elements to integrate the design with the existing dwelling. The design is acceptable given the mix of residential buildings in the vicinity of the subject site includes developments of significantly greater scale and proportion. While the proposed development fails to satisfy the side setbacks to the proposed first floor, it is deemed that a fully compliant development in respect to setbacks would have a similar impact to solar access when considering the angle of the mid-winter sun would not rise to angle where it would be able to penetrate the north facing windows, even when the development would be to comply with the first floor setback preferred solutions.

 

Therefore, requiring strict compliance with the setback requirements would unbalance the design, a design that incorporates a high degree of symmetry resulting in a visually appealing addition to the Carrington Road streetscape. Furthermore, it is deemed compliance with the setbacks at the first floor level would not result in a perceptible increase in solar access to the neighbouring dwelling to the south and would be unreasonable given that the lower ground level of no.73 Carrington Road highly influences the non-compliance of the proposal.

 

It is considered that the proposal is not excessive and although exceeds the preferred solution FSR for the site, it embodies a bulk and scale that is commensurate with other residential buildings in the street, consistent with the desired future character of the area and will not become a prominent or distracting visual element. In this respect any modifications to the proposal to address the solar access to the adjoining property to the south are unnecessary.

 

The surrounding area is undergoing gradual change and the proposed development is evidence that the single storey dwellings along the eastern side of Carrington Road are being expanded and altered to improve the internal amenity and provide more useable internal spaces for occupants. It is noted that the subject site is located within a 2A (Residential A Zone) which generally indicates that the future desired character of the area may be with relatively low density built forms, however allows for redevelopment of single storey dwellings into two storey dwellings.

 

Generally the proposal remains consistent with the performance requirements of the DCP for solar access and the impact to solar access for the surrounding properties, specifically no.73 Carrington Road Avenue, is acceptable when one considers the unfavourable east-west orientation (in respect to solar access) of the subject site and affected site, the lower ground level of the affected property in respect to the subject site and the similar impact a compliant development would have to the southern adjoining property. Amendments to the proposal affecting its bulk or increasing the southern side setback by 540mm are considered onerous, will adversely affect the symmetry with the attached dwelling and are an unnecessary measure as the proposal satisfies a number of performance and preferred solutions of the DCP and is commensurate with the scale of other residential buildings in the street and consistent with the desired future character of the 2A zone.

The proposal is therefore recommended for approval.

 

8.5 Council Policies

8.5.1   Randwick City Council Asbestos Policy 2005

 

An asbestos survey was not submitted with the development application. As such, appropriate conditions have been included with the development consent to ensure the handling, removal and disposal of asbestos materials, if found on the site, satisfies the relevant controls and legislative controls.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship to the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development

The proposal has a good architectural quality that addresses the importance of maintaining the existing facade of the dwelling and sets back the proposed first floor addition away from the street to reduce potential dominance upon the streetscape.

 

Outcome 10: A healthy environment

The proposal will promote the principles of environmental sustainable development though a design that complies with the SEPP: BASIX requirements.

 

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

The proposed development will improve the internal amenity for the future occupants of the site and will not adversely impact upon the sustainability of adjoining properties.

 

Direction 10a & associated key action: Council is a leader in fostering environmentally 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 shading, ventilation, thermal comfort, water conservation and energy efficiency.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposed development is generally consistent with the preferred solutions for landscaped area, building height and privacy and satisfies the performance requirements of the other items contained in the DCP including FSR. The proposed development involves construction of a first floor addition with a side setback that is 300mm less than the preferred solution. The proposed setback, as discussed in this report, is acceptable as the DCP allows for non-compliances along a southern boundary especially where it is demonstrated that the proposed development is reasonable and the impacts not significant or adverse. The proposal is deemed to satisfy the performance requirements of the DCP and generally the proposal is acceptable in respect to bulk and scale.

 

Therefore the proposal is recommended for approval subject to the following conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.DA/534/2007 & PROP051370 for alterations and additions to existing dwelling including first floor addition with rear deck, in ground swimming pool to rear, alteration to existing garage, construction of carport to front of dwelling and new fencing at front and rear at 71 Carrington Road, Clovelly 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 drawn by Edifice Design Architects and Planners, numbered DA1a to DA7a inclusive, dated May 2007, marked job number 07164 and received by Council on 11 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 compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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

 

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

 

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

 

6.       The south-facing first floor front bathroom window, staircase window, walk-in-robe window and rear bathroom windows are to be provided with translucent, obscured, frosted or sandblasted glazing. Details of compliance are to be provided in the construction certificate plans.

 

7.       A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon no.73 Carrington Road, Randwick.

 

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

 

8.       The rainwater tank to the southern side of the site shall be painted or have a similar colour to that of the dwelling at no.71 Carrington Road. Details of compliance are to be provided in the construction certificate plans.

 

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

 

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

 

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

 

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

 

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

 

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

 

10.     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.

 

11.     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.

 

12.     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)

 

13.     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.

 

 

 

Development not subject to BASIX provisions

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

24.     A sign must be erected and maintained in a prominent position on the site 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”.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

30.     The demolition of buildings and the removal, storage, handling and disposal of building materials (including asbestos) must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·        WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                      Australian Standard 2601 (2001) – Demolition of Structures

·                      The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·                      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·                     Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

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

 

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

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

·      Details of hazardous materials, including asbestos

·      Method/s of demolition and removal of asbestos

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

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

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

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

·      Date the demolition and removal of asbestos will commence

 

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

 

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

 

32.     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.

 

33.     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.

 

34.     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.

35.     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.

         

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

39.     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.

 

40.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

43.     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.

 

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

 

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

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

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

·                The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

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

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

 

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

 

45.     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.

 

46.     The air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

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

 

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

 

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

 

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

 

50.     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:

 

51.     Prior to the issuing of a final occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a.   Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Carrington Road.

 

b.   Remove the redundant portion of the layback in Carey St and to reinstate the area with integral kerb and gutter to Council's specification.

 

52.     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.

 

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

 

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

 

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

 

·                      100mm above the back of the existing council footpath at all points opposite the footpath, along the full site frontage.

 

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

 

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

 

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

 

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

 

58.     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.

 

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

 

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

 

Tree Management

 

60.     Permission is granted for the removal of the Cheese Tree located on council’s nature strip in Carrington Road opposite the proposed vehicular entrance to the site. The applicant shall arrange removal of the tree with the Council approved contractor who is to construct the Council vehicular crossing subject to the applicant t

 

61.     The applicant shall submit a total payment of $107.25 to Council being the cost for Council to supply and install 1 x 25 litre street tree (Cheese Tree), between the driveway entrance and the pedestrian gate entrance, at the completion of all works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for planting of the replacement Cheese street tree upon completion of the vehicular crossing.

 

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

SENIOR DEVELOPMENT ASSESSMENT OFFICER


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

19 September, 2007

FILE NO:

DA/532/2007 & PROP029581

 

PROPOSAL:

 Alterations and additions to rear of existing dwelling at ground level plus attic level.

PROPERTY:

 8 Nolan Avenue, Clovelly

WARD:

 North Ward

APPLICANT:

 Hill Thalis Architecture & Urban Projects Pty Ltd

OWNER:

 Mr J G D McDonald and Mrs P J McDonald

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

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

 

The development application proposes alterations and additions to the existing single storey semi-detached dwelling with the demolition of the rear structures and a new single storey structure with attic space above. The proposal also includes a rear deck at ground floor with a privacy wall along the western boundary. The proposed development was notified to the surrounding properties for two weeks from 12 July 2007 to 24 July 2007 and at the conclusion of that notification period two objections were received. The applicant was requested to provide amended plans that reduced the height of the western wall along the rear of the proposed ground floor addition and fix errors and inconsistencies present in the plans.

 

The amended plans were received by Council on 9 August 2007 and renotified to the surrounding properties from 22 August 2007 to 5 September 2007. Two further objections were received and generally raised similar issues of amenity, building bulk, acoustic privacy and building setbacks. A site visit to the adjoining property was conducted on 13 September 2007 to ascertain the degree of impact that the proposed development may have to the adjoining property to the west. The option of mediation was offered to the owners of the subject site and adjoining properties at no.6 and no.10 Nolan Avenue, however citing an anticipated lack of positive outcome, was rejected by the owners of the subject site.

 

The proposed development complies with the floor space ratio (FSR), external wall height, landscaped area and solar access preferred solutions of the DCP however is non-compliant in respect to the setback to the western side boundary at ground and first floor. The proposed development involves construction along a boundary shared by the semi-detached dwelling to the west and will result in some impacts to amenity as a result of the nil-setback. The nil-setback, as discussed in this report, is acceptable as the current site condition allows for a continuation of a wall along the boundary and the proposal is considered to be a reasonable development The proposal satisfies the performance requirements of the DCP and generally the proposal is acceptable in respect to bulk and scale.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The proposed development involves alterations and additions to the exiting single storey semi-detached dwelling. The proposed development involves the following works in detail:

 

Ground Level

 

-   New ground floor rear addition comprising of bathroom, laundry, kitchen, living and dining room.

-   Access stairs to attic room above.

-   Slightly elevated rear deck with pergola roof above.

-   New garden shed at rear boundary.

 

First Floor level (Attic level)

 

-   New attic level above ground floor addition within gable pitch.

 

The proposed development does not involve modifications to the existing dwelling at the front of the site that may be visible from the street frontage.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the northern side of Nolan Avenue and is presently occupied by an existing single storey dwelling that is semi-detached to the western adjoining property at no.6 Nolan Avenue. The site is a regular rectangle and has a moderate slope to the rear of approximately 2m, has a frontage width of 9.15m, a side boundary depth of 36.78m and has an overall site area of 336.5sqm. Neighbouring the property to the west is a single storey dwelling semi-detached to the subject dwelling, to the east is a single storey dwelling and to the rear is the rear private open space of the no.2 Seaview Street. The surrounding area is residential in character and consists predominantly of single detached with some semi-detached dwellings. Two properties to the west of the subject site are two heritage item dwellings, no.2 Nolan Avenue and no.16 Douglas Street. Figure 1 below is an aerial view of the subject site and surrounding area. Figure 2 also below is photograph of the subject site from Nolan Avenue.

Figure 1: The subject site and surrounding area.

Figure 2: The subject site from Nolan Avenue. The semi-detached dwelling on the left is no.6 Nolan Avenue. The pedestrian access on the right hand side is located upon the subject site.

4.    SITE HISTORY

 

4.1      Application History

 

The proposed development was notified to the surrounding properties for two weeks from 12 July 2007 to 24 July 2007 and at the conclusion of that notification period two objections were received, one objection from each of the adjoining properties at no.6 and no.10 Nolan Avenue. Following a visit to the subject site, the applicant was requested to provide amended plans that reduced the height of the western wall along the rear of the proposed ground floor addition and fix errors and inconsistencies present in the plans. The amended plans were received by Council on 9 August 2007 and renotified to the surrounding properties from 22 August 2007 to 5 September 2007. Two further objections were received and generally raised similar issues of amenity, building bulk, acoustic privacy and building setbacks. A site visit to the adjoining property at was conducted on 13 September 2007 to ascertain the degree of impact that the proposed development may have to the adjoining property to the west. The option of mediation was offered to the owners of the subject site and adjoining properties at no.6 and no.10 Nolan Avenue, however citing an anticipated lack of positive outcome, was rejected by the owners of the subject site. The owner of the adjoining property to the west was provided with 1 week to have the development application referred to a Council meeting and the application was referred on 19 September 2007.

 

4.2      History of Site Usage

Previous applications submitted for development on the site includes:

Development No.

Description

Determination

DA/507/2005

Alterations and upgrading of the existing dwelling house including new roof

Application approved on 22 July 2005.

DA/1065/2005

Alterations and single storey rear additions.

Approved on 21 February 2006.

The previous approvals for the site, particularly the application approved in 2005, involve generally minor works and will not affect the works currently proposed. The works for the application 1065/2005 are generally not considered to conflict with the works under this current application as the footprint of the single storey rear addition is consistent with the current proposed development and it is deemed that it will not be possible for each of the development applications to be executed concurrently or involve elements that would result in an adverse impact to the surrounding properties if each development was to be constructed. The development application no.507/2005 involved relatively minor works to the front of the site and does not conflict with the current proposal.

 

As such, it is considered that the proposed development will not conflict with the previously approved developments on the site and it is not considered necessary for the active consent no.1065/2005 to be surrendered.

 

5.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the DCP - Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

5.1      Objections

Graham Russell and Joanne Russell – 10 Nolan Avenue, Clovelly

Issue

Comment

The proposed kitchen door to the rear eastern side of the proposed addition at ground floor level will “have an adverse effect on our property in that it will allow an unacceptable level of noise into our dining room.”

The amended plans received by Council 9 September 2007 changed the design of the kitchen door to a solid door with a highlight window above the door to provide ventilation and some light. The solid door is considered acceptable in respect to providing attenuation to noise and is not likely to be opened in such a frequency that will significantly affect the amenity of the objector’s living rooms immediately to the east.

The east facing window to the attic level will provide a direct view into the objector’s property.

A condition has been included to ensure details of the louvres to the east facing attic window are provided to Council prior to a construction certificate being issued for the works on the site to ensure the design will satisfactorily limit downwards overlooking into the adjoining eastern property.

 


Keith and Carrie Bengston – 6 Nolan Avenue, Clovelly

Issue

Comment

The construction of the wall along the shared boundary (eastern boundary) will “cut off the cooling breezes in summer” and request that the rear portion of the proposed development satisfies the preferred solutions.

Amended plans received on 9 August 2007 reduced the height of the western boundary wall from 3.3m above ground level (2.85m above rear proposed deck level) to 2.3m above ground level (1.8m above rear proposed deck level). To lessen the bulkiness of the structure, a condition has been included that will require the 2.2m high privacy wall, deck and associated pergola to be setback 1.2m from the western boundary with the opening to also be appropriately amended.

The wall along the western side of the rear deck will block light and breeze into their property and would rather a boundary fence to provide visual privacy.

See comment above.

The plans submitted with the development application incorrectly indicate the objector’s rear property setback.

This issue was resolved by the plans and revised SEE received by Council on 9 August 2007.

The existing shed is not actually present on the site at the time of lodgement.

This issue was resolved by the plans and revised SEE received by Council on 9 August 2007.

Rain from the roof of the proposed structure will be deposited into the courtyard.

It is considered that the guttering provided to the northern side of the roof will be sufficient in collecting rainwater from the roof. During exceptional weather events of high wind or rainfall, it is expected some rain may ricochet from the roof into the adjoining property, however it is considered that during average rainfall periods, the design of the roof and guttering will be acceptable.

The proposed rear addition will adversely affect the breezes into the objector’s internal courtyard.

The DCP does not place numerical controls in respect to protecting breeze paths and as such a merit based assessment is required to be undertaken.

See section 7.3.1 “Building Setbacks” of this report for an assessment of this issue.

 

The amended plans received by Council on 9 August 2007 made several relatively minor changes to development application, the submission of accurate solar access diagrams, a revised Statement of Environmental Effects (SEE) and a reduction of the western wall to the rear patio area.

 

The proposal was required to be re-notified in accordance with the DCP - Public Notification of Development Proposals and Council Plans. The following submissions were received:

 

Keith and Carrie Bengston – 6 Nolan Avenue, Clovelly

Issue

Comment

The proposed addition is incompatible with the adjoining semi-detached dwelling and proposed bulk and scale is incompatible and “results in loss of amenity in terms of morning sunlight, breezes and visual bulk.”

The proposed development to the rear of the site has a bulk and scale that is commensurate with the existing built form at the front of the subject site and that at the front of no.6 Nolan Avenue. However it is noted that the proposed development by virtue of the setback to the side boundary and building height may impinge upon morning solar access and breeze paths. See section 7.3.1 “Building Setbacks” of this report for an assessment of this issue.

The proposal “fails to demonstrate compliance with the RLEP 1998 in relation to FSR.”

The FSR controls are contained within the Dwelling Houses and Attached Dual Occupancies DCP and not the LEP. The proposed FSR of 0.56:1 complies with the maximum 0.6:1 FSR stipulated in the DCP.

The proposal fails to comply with the DCP in respects to roof form, design and height.

The proposed development complies with the external wall height and FSR requirements of the DCP, however is non-compliant with the setback preferred solutions along the eastern and western boundaries.

The proposed development indicates “an existing party wall on the boundary, adjoining the small eastern courtyard of no.6 Nolan Avenue.”

The dwellings sited upon no.6 and no.8 Nolan Avenue are considered semi-detached dwellings and are read as semi-detached dwellings when viewed from the street. It is considered the eastern side boundary setback of the recently constructed rear addition to no.6 Nolan Avenue deviates from the established nil setback that exists on the site and presents an issue that is discussed further in this report.

Re-orientation of the ridgeline to a north-south orientation would “considerably reduce the impacts of the proposal”

Re-orientating the roof is not supported as it may result in a longer roof that may have adverse impacts in terms of potentially reducing breezes into the adjoining property as the 7m ridge height will extent for a greater distance than what is currently proposed.

The justification provided by the applicant in respect to the semi-detached nature of the dwellings fails to recognise the setback of the recent additions to no.6 Nolan Avenue.

As noted above, the issue regarding setbacks of the proposed development is linked to the existing buildings at no.6 and no.8 Nolan and the recently constructed complying development at no.6 Nolan Ave which introduced a 1.5m setback from the common boundary where no such setback existed prior. The issue is discussed in greater length in this report.

 

Graham Russell and Joanne Russell – 10 Nolan Avenue, Clovelly

Issue

Comment

The proposed kitchen door “is approximately only 190cm away” from the objector’s dining and living room windows that face the west. A door of solid construction would not provide the objector with acoustic privacy particularly when opened.

The amendment converting the kitchen door to a solid door will suffice in ameliorating the acoustic privacy between the dwellings. Further modifications to the door are considered unnecessary and unreasonable.

The inclusion of the kitchen door is not necessary when then rear yard “can be easily reached by going through the rear door of the house.” As such, the kitchen door should be deleted from the proposal.

The location of the door is considered appropriate as it will provide an external route to the front of the site and to the garbage bins and is unlikely to be used at a high frequency.

 

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1      Development Engineers

 

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

 

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

 

This report is based on the following plans and documentation:

 

·                      Dwg No DA.00-06 by hill thalis architecture dated June 2007

 

Landscape Comments

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

 

Should the application be approved the conditions included with the memorandum shall apply.

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Randwick Local Environmental Plan 1998.

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

-   Building Code of Australia (BCA).

 

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

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. SEPP: BASIX requirements for alterations and additions came into force on 1 October 2006 and apply to:

 

-   Renovation work valued at $50,000 (reduced from $100,000 on 2 July 2007) or more, or

-   The installation of a swimming pool (or pool and spa) with a capacity greater than 40,000 litres.

 

A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

As the proposed works exceed $50,000 a BASIX certificate has been submitted with the application. An appropriate condition has been included with the consent to ensure the commitments listed in the relevant BASIX Certificate for this development are fulfilled prior to the issuing of a construction certificate.

 

8.2      Randwick Local Environmental Plan 1998

 

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. Clause 10(1)(c) is noted as the proposed development may “compromise the amenity of surrounding residential areas”. This issue is discussed in greater detail in report below, however, generally the proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

 

 

 

8.3      Draft Dwelling House and Attached Dual Occupancy Development Control Plan (Draft DCP)

 

The key changes in the Draft DCP include, and are not limited to:

 

-   Increasing the maximum FSR for sites less than 300sqm from 0.65:1 to 0.7:1.

-   Increasing the rear boundary setback from 4.5m to 9m.

-   Increasing the minimum landscaped area from 40% to 50% of the site.

-   Increasing the minimum soft landscaped area from 20% to 25% of the site.

 

The proposal would generally achieve compliance with the Draft DCP. The amount of landscaping provided would comply under the new control of 50% and adequate landscaped areas for private recreation and maintenance of the landscape character of the area are achieved by this proposal. 

 

Notwithstanding, compliance with the Draft DCP has been given minimal weight in this assessment as it is neither imminent nor certain at this point in the policy approval process.

 

8.4 Policy Controls

 

8.4.1   Dwelling Houses and Attached Dual Occupancies Development Control Plan

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

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 approximately 141.825sqm. 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 approximately 15.5m x 9.15 metres. Complies.

S1

Private open space in the front yard area is located behind the building line.

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

39% 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 0.6:1 applies. 

The proposed FSR is 0.56:1. Complies.

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

The proposed development is consistent with the preferred solution for floor space ratio (FSR) and proposes a floor area that is 4 per cent, or 13.46sqm less than the maximum prescribed in the DCP. It should be pertinent to note however, that numerical compliance with the DCP requirements is not necessarily an indicator of a development’s impacts upon adjoining properties. In this instance, the objections received from the adjoining property to the west (no.6 Nolan Avenue) raise some concerns regarding the potential for the proposed development to result in significant impacts upon the amenity of the rear living areas, affect breeze paths into the eastern orientated windows and reduce natural light during the early morning. These impacts are in part derived from the bulk and scale of the development and perhaps more crucially, the setbacks from the western boundary which is an issue that will be discussed in greater depth in the report below.

The performance requirements contained within Part 4.2.2 of the DCP states that “building bulk must be compatible with surrounding built forms” and that any development in respect to floor space ratio “must minimise adverse effects of bulk on neighbours.” The applicant provides the following passage from the Statement of Environmental Effects (SEE) in respect to building bulk and scale:

“The proposed building works present a sympathetic scale acknowledging the original structure with the provision of a second pavilion at the rear of the property of the same pitched roof profile as the existing front rooms to be retained of the original building, linked with a low section of roof.”

The statement addresses the existing bulk and scale of the front portion of the dwelling and the design philosophy is supported to some extent as the proposed development will maintain a similar built form to the existing dwelling. The compatibility of the proposed development is considered to be high, in respects to the built form on the subject site as it provides a high level of symmetry however it should be noted that there are no similar gabled roof forms at the rear of existing dwellings in the surrounding area. There is potential for the proposed development to have an adverse impact upon the adjoining property, particularly the western adjoining property, as the building bulk is located upon the boundary, however the bulk will be mainly viewed from the eastern sides of the adjoining dwelling; from the internal courtyard, the east facing windows of the rear ground floor addition and the private open space of near the rear of the dwelling. The adverse impacts of the development are considered to be primarily a reduction of visual amenity as a result of increased building bulk, impact upon breeze paths and loss of sunlight during early morning hours.

The proposed development will involve a substantial increase in the building bulk as the existing structure at the rear of the subject site is a single storey structure of relatively modest scale and setback further from the rear boundary than the adjoining properties. The proposed development will create a 3.9m wall at the northern (rear) of the site, matching the setback of the property at no.6 Nolan Avenue and therefore being immediately noticeable from the living areas at the rear of the western adjoining property. The structure achieves its greatest height (7m above ground level) nearer to the south (Nolan Street side) and roughly in alignment with the rear setback of the existing dwelling on the subject site. The full extent of the bulk and height of the proposed development will be visible from the internal courtyard of no.6 Nolan Avenue however the external wall height along eastern boundary of the courtyard will range from approximately 3.9m to 5.5m above ground level. It is noted that the wall along the eastern boundary of the courtyard has a height of RL 83.27 (to the parapet) and that the proposed development will have a finished floor level of RL 79.08, thus the existing wall along the eastern side of the courtyard will have a similar height to the lowest section of the southern part of the proposed development. As such, the impact to the amenity of the courtyard is considered to be relatively minimal however the impact to the amenity of the rear living area is considered to be greater.

The objections received from the adjoining western property also raised concerns regarding the potential for the proposed development to obstruct breeze paths into the east facing windows and openings and into the internal courtyard along the eastern side of no.6 Nolan Avenue, which abuts the common boundary with the subject site. It should be noted at the time of assessment; the highlight windows to the courtyard of no.6 Nolan Avenue were not operable. The DCP does not provide a preferred solution specifically addressing the need to preserve breeze paths, however the performance requirement P3 of Part 4.4 “Building Setbacks” states that side setbacks of proposed developments should “allow occupants and neighbours adequate access to natural light, daylight and fresh air.” The DCP is silent in respect to breeze paths per se and its reference to ensuring access to fresh air is not clearly defined. The proposed development will obstruct some direct sunlight to the east facing windows and doors of no.6 Nolan Avenue from sunrise til approximately 10:30am however the proposal will not obstruct solar access for the rear of no.6 Nolan Avenue from 9am until 3pm, thus satisfying the preferred solution and performance requirements of the DCP. The issue of breezes is more difficult to assess in the absence of numerical controls. The proposal will create built form and structure where none currently exists, and at this basic level of assessment, it may result in some impacts to the prevailing breezes from the east. However, the proposed development is unlikely to significantly reduce breezes to the northern parts of the rear of no.6 Nolan Avenue where there are significant openings or impinge upon access to fresh air which the DCP provides some guidance in the form of a performance requirement. The built form of the roof of the proposed development is not considered to result in a significant adverse impact to breeze access as the highest part of the gable will be located away from openings and generally the most visible portions of the proposal will be the 3.9m high wall at the northern and southern ends of the proposal. The proposed built form is favourable and minimises excessive building bulk due to the orientation of the roof form in an east to west manner. Re-orientation of the roof would increase the building bulk as the length of the 7m height of the structure will be increased to approximately 10m and will have a higher visibility, despite being located approximately 4m from the common boundary.

As noted, the proposal will reduce solar access to the east facing windows of no.6 Nolan Avenue dur 9am until approximately 10:30am. By 11am, the east facing windows and openings of no.6 Nolan Avenue will receive full solar access and the proposed development will not further affect solar access for the remainder of the day. Therefore, the proposal achieves compliance with both the preferred solutions and performance requirements of Part 3.1 “Solar Access and Energy Efficiency”. Notwithstanding the proposal’s compliance, a condition has been included with the development consent that will require the rear deck to be setback from the western boundary 1.2m, the pergola roof structure and the associated privacy wall to also be setback and the boundary fence height to be a greater than 1.8m. This condition will provide some visual relief for the adjoining property to the west, provide some additional morning sunlight than the proposal and maintain an appropriately sized rear deck for recreational purposes for future occupants of the subject site.

Therefore with the inclusion of the abovementioned condition, it is considered that the proposed FSR is acceptable and the impacts of the resultant bulk and scale of the proposed addition are reasonable and satisfy the preferred solutions and performance requirements of the DCP.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed development has a maximum external wall height of 3.9 metres. Complies.

S1

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

The proposed development has a maximum external wall height of 3.9 metres. Does not comply – see assessment below.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

The proposed development may involve some excavation works within 900mm of the boundary however their scope is considered to be relatively minor and will involve excavation for the concrete slab for the proposed development. A condition has been included requiring a dilapidation report to be completed and submitted to the owners of no.6 Nolan Avenue and Council prior to construction commencing on the site.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

Not applicable.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

The proposed first floor addition to the rear of the existing semi-detached dwelling is located wholly within the attic space of the gable roof form and is located behind the existing gable roof of the dwelling on the subject site. The symmetry is evident through the mirroring of the existing gable built form at the front of the site. Complies.

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

The DCP provides the following definition in regards to external wall height:

External wall height – means the vertical distance from the topmost point on an external wall, other than a gable wall or the wall of a dormer window, to the ground level.


Source: Dictionary, Dwelling Houses and Attached Dual Occupancies DCP, p58.

 

The proposed development involves a rear addition with a maximum external wall height of 3.9m and therefore complies with the preferred solution relating to a maximum 7m external wall height however exceeds the 3.5m wall height control by 400mm. The non-compliance is not deemed to be a significant departure from the control and is in part a result of the slope of the site. While the 3.5m external wall height control is not defined in the DCP an assessment has been made against the proposal’s compliance with the 3.5m and 7m external wall height controls.

 

It is considered that the proposed external wall height satisfies the performance requirements of the DCP, specifically, that the building has been designed with a mass and proportion that reflects the existing dwelling and adopts a roof form and pitch that provides a sense of balance and symmetry. As noted above, a condition has been included that will require the rear deck, pergola roof and boundary privacy wall to be setback 1.2m from the western boundary to reduce the potential adverse impact to the amenity of the adjoining property at no.6 Nolan Avenue.

 

Generally it is considered that the inconsistency of the proposal in respect to the 3.5m external wall height preferred solution is not numerically significant and that the proposed development is not excessive in height or bulk at the rear and complies with the 7m external wall height preferred solution. The inclusion of the condition to increase the setback of the rear deck and pergola is considered sufficient in providing visual relief, slightly improving solar access and will provide improved building articulation benefiting the visual amenity of the adjoining property at no.6 Nolan Avenue.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Not applicable.

S2

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

The proposed dwelling is approximately 16 metres from the rear boundary. Complies.

S3

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

Western Boundary

The proposed development has a nil setback from the side boundary. Does not comply – see assessment below.

Eastern Boundary

The proposed development is set back 0.95 metres from the side boundary. Complies.

S3

Side setbacks be 1.5m at second floor level.

Western Boundary

The proposed development has a nil setback from the side boundary. Does not comply – see assessment below.

Eastern Boundary

The proposed development is set back 0.95 metres from the side boundary. Does not comply – see assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

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

The proposed development has an eastern side setback that complies with the ground floor setback preferred solution, whilst the first floor setback is 0.55m less than the preferred solution and both the ground and first floors along the western side of the site are non-compliant with a nil-setback. Concerns have been raised regarding the appropriateness of the setback of the proposed additions from the western side boundary from the owners of the adjoining property at no.6 Nolan Avenue. The planning principle established by the Land and Environment Court in Galea v Marrickville Council [2005] NSWLEC 113 is used to make an assessment of the reasonableness of the proposal, in terms of side setback. The following paragraphs provide an assessment of the amended proposal in accordance with the five (5) step process established in the proceedings.

 

[Step 1] Is the street characterised by terrace housing?

 

Building to the boundary is likely to be appropriate in streets where the existing form of development is terrace houses or villa homes, i.e. where building to the boundary follows the existing pattern of development.

 

Nolan Avenue features predominantly single detached dwellings and is not characterised by terrace housing. Regardless of the prevailing character of the surrounding area, it is noted that the subject site and no.6 Nolan Avenue share a common wall for a significant portion of the boundary (approximately 15.5m, including the courtyard at no.6 Nolan Avenue) and that the subject site and the adjoining property to the west form a pair of semi-detached dwellings. As such it is deemed that there is some expectation that a development proposed for either site would be able to continue the line of the wall along the common boundary as is evident by the current conditions on the site. It should be noted that the 1.5m setback of the rear ground floor addition at no.6 Nolan Avenue exceeds the minimum setback requirement of the Exempt and Complying Development DCP for 900mm. However it is also noted that a complying development certificate may be approved along a common boundary of semi-detached dwellings if a “letter of non-objection is obtained from all of the owners of the adjoining semi-detached dwelling[s].”

 

[Step 2] What is the height and length of the wall on the boundary?

 

Short lengths of single storey walls (such as garages) are usually acceptable on the boundary.

 

The proposal involves a gable style structure along the common boundary and as such the height of the wall varies. The wall at its lowest point (northern and southern sides) is 3.9m and the apex of the roof reaches a maximum height of 7m. The length of the proposed development along the boundary is 6.9m. The proposed development will extend 2m further than the rear of no.10 Nolan Avenue (adjoining property to the east) and will maintain the same rear ground floor boundary setback of the dwelling at no.6 Nolan Avenue. It should be noted however, that the recent addition to no.6 Nolan Avenue is setback from the common boundary by 1.5m and the single storey addition to no.10 Nolan Avenue approved in 1983 is setback from the boundary 1.3m.  As such the proposal is considered to have length that is acceptable in the context of adjoining development however the extent of the setback to the side boundary is not necessarily consistent with other development adjoining the site.

 

The DCP provides some guidance in respect to non-compliances with boundary setbacks. Part 4.4 “Building Setbacks” provides the following notes on issues pertaining to setbacks that are less than the preferred solutions:

 

“Buildings may be setback less than the preferred solution standard or may be built to the boundary where:

 

-    It is proposed to extend an existing terraced or semi-detached building along the alignment of the common wall.

 

-    The proposal would not have an adverse impact on the streetscape or adjoining premises provided the performance requirements relating to neighbour’s privacy and access to light, air and views would be met and clearly addressed or demonstrated in the Statement of Environmental Effects.”

          Source: Part 4.4, Dwelling Houses and Attached Dual Occupancies DCP, p36.

 

In the first point, the proposed development involves a semi-detached dwelling that has a relatively significant portion of building located upon the common boundary with nil setbacks. As such it is considered reasonable that the proposal continues the development along the boundary. The second point, relating to adverse impacts of the development, has been assessed earlier in this report. As such, it is deemed that the impacts of the development are reasonable and the inclusion of the condition requiring the deck and pergola structures to be setback from the western boundary will lessen the bulkiness of the structure when viewed from no.6 Nolan Avenue.

 

[Step 3] Has the applicant control over the adjoining site(s) or the agreement of their owners?

The applicant does not have control over the adjoining site.

 

[Step 4] What are the impacts on the amenity and/or development potential of adjoining sites?

 

   Building to the boundary may be appropriate, even where the above tests are not answered favourably, provided it can be shown that a wall on the boundary does not diminish the amenity or the development potential of the adjoining site.

 

As articulated in this report, the impacts resulting from the nil-setback of the proposed development to no.6 Nolan Avenue are access to breezes, sunlight in the early morning and visual amenity impacts in terms of visual bulk and scale. The objections received from no.6 Nolan Avenue raise relevant issues regarding the potential adverse impacts of the proposal and conversely the arguments from the applicant revolve around the reasonableness of the scale of the building and the reasonable expectation to build along a common boundary which separates semi-detached dwellings especially noting the relatively high degree of construction along the boundary currently on the site.

 

[Step 5] Are there arrangements in place for the maintenance of the wall or gutters?

 

   The question of maintenance should be considered at the time of the development application to avoid disputes later.

 

The proposed development features guttering to the northern southern ends of the structure. It is envisaged that maintenance of the structure will be able to be carried out from the subject site and can be accessed from the roof of the existing dwelling. The new wall along the boundary will be built entirely upon the subject site and will abut the wall that exists along no.6 Nolan Avenue.

 

As the proposed development can be accessed from the subject site with relative ease, it is deemed that there are no significant issues relating to maintenance.

 

As such and with consideration of the DCP requirements and the above assessment in accordance with the Galea v Marrickville Council planning principle, it is deemed that the impacts of the proposed development are reasonable and will not adversely affect the access of sunlight and breezes to the adjoining semi-detached dwelling at no.6 Nolan Avenue. With the inclusion of the condition requiring the setback of the rear privacy wall and deck, it is considered that the proposal will satisfy the performance requirements of the DCP and maintain the amenity of the adjoining property.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal includes windows to the eastern and western sides of the attic level that may overlook habitable room windows of adjoining dwellings within 9 metres. A condition has been included requiring further detail regarding the external louvres to ensure the design limits downwards views into adjoining properties.

S1

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

The proposed rear ground floor deck will not overlook the rear yard areas of the adjoining properties. To reduce potential acoustic impacts to the adjoining property to the west, a condition has been included to setback the rear deck from the western boundary by a minimum of 900mm.

S1

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

The proposed windows to the attic level will have a sill height of 850mm. A condition will be included requiring the louvres to be fixed and further detail to ensure downwards overlooking into adjoining properties is minimised.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Not applicable.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

8.5      Council Policies

 

8.5.1   Randwick City Council Asbestos Policy 2005

 

The asbestos survey conducted by Hill Thalis Architecture and Urban Projects was submitted with the development application and indicated the high likelihood that asbestos was present in the existing building. Appropriate conditions have been included with the development consent to ensure the handling, removal and disposal of the asbestos materials satisfies the relevant controls and legislative controls.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development

The proposal has a good architectural quality that addresses the issue of symmetry within the site and allows for additional floor area without compromising the appearance of the dwelling to the street.

 

Outcome 10: A healthy environment

The proposal will promote the principles of environmental sustainable development though a design that maximises solar access and energy efficiency by orientating the development to the north and complying with the SEPP: BASIX requirements.

 

 

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

The proposed development will improve the internal amenity for the future occupants of the site and will not adversely impact upon the sustainability of adjoining properties.

 

Direction 10a & associated key action: Council is a leader in fostering environmentally 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 shading, ventilation, thermal comfort, water conservation and energy efficiency.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposed development involves construction along a boundary shared by the semi-detached dwelling to the west and will result in some impacts to amenity as a result of the nil-setback, however, the proposal will remain compliant with solar access, floor space ratio and building height. The nil-setback, as discussed in this report, is acceptable as the current site condition allows for a continuation of a wall along the boundary. The proposal is deemed to satisfy the performance requirements of the DCP and generally the proposal is acceptable in respect to bulk and scale.

 

Therefore the proposal is recommended for approval subject to the following conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application NoDA/532/2007 & PROP029581. for Alterations and additions to rear of existing dwelling at ground level plus attic level. at 8 Nolan Avenue, Clovelly 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 drawn by Hill Thalis Architecture and Urban Projects, numbered DA.01, DA.02, DA.03, DA.03a, and DA.04, dated June 2007, received by Council on 9 August 2007, and the plan numbered DA.03b and dated September 2007 and received by Council on 19 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 compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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

 

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

 

6.       The rear ground floor deck, pergola structure and privacy wall shall be setback from the western boundary a minimum distance of 1.2m. The north facing openings shall be appropriately amended and shall not extend westwards further than the relocated privacy wall. Details of compliance are to be provided in the construction certificate plans.

 

7.       The louvres to the west and east facing windows to the attic level shall not be adjustable below the horizontal angle. Details of compliance are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

8.       A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon no.6 Nolan Avenue, Clovelly.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

10.     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.

 

11.     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.

 

12.     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)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

27.     The demolition of buildings and the removal, storage, handling and disposal of building materials (including asbestos) must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·        WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·                      Australian Standard 2601 (2001) – Demolition of Structures

·                      The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·                      Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

·                      Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

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

 

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

 

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

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

·      Details of hazardous materials, including asbestos

·      Method/s of demolition and removal of asbestos

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

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

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

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

·      Date the demolition and removal of asbestos will commence

 

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

 

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

 

29.     An Asbestos Survey prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor or building consultant), must be submitted prior to the commencement of works.  The asbestos survey shall include details for managing the removal of asbestos from the site.  The demolition, removal and disposal of any asbestos materials must be carried out in accordance with Council’s Asbestos Policy and relevant workcare requirements.

 

30.     A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 50m2 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.

 

31.     On demolition sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

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

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

 

33.     A 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 relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

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

 

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

 

35.     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.

 

36.     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.

         

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

40.     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.

 

41.     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.

 

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:

 

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

 

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

 

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

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

 

45.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

46.     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:

 

47.     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.

 

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

 

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

 

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

 

c.       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site. Infiltration systems shall be located a minimum 2.1 metres from any side or rear boundary and 3 metres from adjoining structures.

 

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

 

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

 

49.     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.

 

50.     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.

 

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

 

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

 

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

 

53.     Permission is granted for the selective pruning of overhanging branches from the Citrus tree located on the adjoining property (No 10 Nolan Ave). This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary. However, where such measures are desirable in the best interests of correct pruning procedures, it shall be necessary for the applicant to negotiate with the tree owner. All pruning must be undertaken by a qualified Arborist, with suitable qualifications in Arboriculture and to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATICK LEBON

DIRECTOR, CITY PLANNING

SENIOR DEVELOPMENT ASSESSMENT OFFICER

 

 


 

Development Application Report

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

2 October, 2007

FILE NO:

DA/185/2007 & PROP039825 & 842

 

PROPOSAL:

 Refurbishment of 4 existing shops and construction of new multi-unit housing development above and in a new building to the rear containing a total of 3 x 1 bedroom, 8 x 2 bedroom and 1 x 3 bedroom dwellings with basement carparking, plus strata subdivision.

PROPERTY:

 10-16A Bream Street, Coogee

WARD:

 North Ward

APPLICANT:

 David Roberts Architects

OWNER:

Nicola & Angela Mandic

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Health, Building and Planning Committee as the proposed development is valued at $2,645,500.

 

The subject application is for the refurbishment of 4 existing shops and construction of new multi-unit housing development above and in a new building to the rear containing a total of 3 x 1 bedroom, 8 x 2 bedroom and  1 x 3 bedroom dwellings with basement parking, plus strata subdivision.

 

The applicant has lodged the subject application on the basis of existing use rights in that the existing shops on the subject land have been in existence prior to the coming into force of the Cumberland Planning Scheme in early 1950, and has operated for groundfloor shop and first floor residential purposes prior to the coming into force of RLEP 1998, and that this use has continued to operate since the original approval. Accordingly, the applicant contends that the relevant controls of the Randwick Local Environmental Plan 1998 do not apply to the proposed development.

 

It is considered that the applicant has satisfactorily established existing use rights such that the proposed development can be granted consent in the Residential 2C zone. In this regard, Council has sought legal advice to determine the nature and extent of existing use rights over the site given the nature of the proposed development. This advice was obtained in August 2007 and essentially advised that, while the part of the development proposed for multi-unit housing is permissible within the existing Residential 2C zone without the benefit of existing use rights, the applicant is entitled to claim the benefit of the existing use rights to the whole of the proposed development (that is in respect of both the proposed shops and the multi-unit housing). Accordingly, to the extent that the Randwick LEP provisions derogate from the incorporated provisions under the EP&A Act, the development application for the whole of the proposed development must be considered on its merits with the provisions of the Randwick LEP 1998 to be used as a guide to be applied in assessing the proposed development.

 

The proposal has a maximum FSR of 0.96:1 which varies from the maximum FSR control of 0.9:1 under the Randwick LEP 1998. The proposal also varies from the side setback requirements of the DCP – Multi-unit Housing in localise parts of the building, and falls short of 4 retail carparking spaces under the DCP – Parking. Notwithstanding the departures from these controls, a merit based assessment has been made of the proposal, using the controls as a guide to the type of development envisaged on the site and its ‘reasonableness’. The development overall is considered to be consistent with the character of existing development and performs adequately with regard to streetscape, bulk and scale, safety and security, solar access and privacy to adjoining properties, and traffic and parking impacts to surrounding properties, subject to appropriate conditions.

 

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

 

2.      THE PROPOSAL

 

The proposal is for the refurbishment of 4 existing shops and construction of new multi-unit housing development above and in a new building to the rear containing a total of 3 x 1 bedroom, 8 x 2 bedroom and  1 x 3 bedroom dwellings with basement parking, plus strata subdivision.

 

The proposed development will contain the following uses:

 

Building 1 (a 3 storey building on the northern part of the site fronting Bream Street)

4 x 2     Bedroom dwellings on the first floor

4 x existing shops on groundfloor to be refurbished

Total dwellings – 4 units

 

Building 2 (a 3 storey building on southern part of the site fronting Melody Lane)

3 x 1 Bedroom

4 x 2 Bedroom

1 x 3 Bedroom

Total dwellings – 8 units

 

The two buildings will have a common basement level containing 18 carspaces, a car washing bay bicycle storage, loading bay and storage spaces and garbage bin areas. A central planting area between the two buildings will be provided above the basement carpark.

 

Access to the basement carpark is provided via a rear driveway from Melody Lane. Pedestrian access is proposed from Bream Street with the main pedestrian access extending along the eastern side boundary to the rear.

 

3.      THE SUBJECT SITE AND SURROUNDING AREA

 

The subject site is located on the southern side of Bream Street, between Carrington Road and Melody Street. The subject site is regular in shape with a width of approximately 21.35m and a depth of approximately 50.29m and a site area of 1073 sqm.

 

Existing on the site are basically two two-storey buildings each containing a pair of ground floor shops currently operating as follows:

 

10 Bream Street – a restaurant

12 Bream Street – a newsagency

 

14 Bream Street – a supermarket

16 Bream Street – a swimming pool shop

 

The existing buildings also have an upper level of residential dwellings above the shops.

 

Development in the locality is predominantly comprised of a variety of medium to high density residential uses as described below.

 

To the north:

 

Across Bream Street to the north are single and two storey dwelling houses.

 

To the east:

 

A two-storey brick and tiled roof residential flat building at No. 18 Bream Street and a single storey dwelling house at No. 20 Bream Street.

 

To the south :

 

Across Melody Lane to the south is an open space area comprising the Alby Smith Memorial Playground which extends to the northern side of Dolphin Street.

 

To the west :

 

Directly adjacent to the west is a two-storey shop building containing a doctors surgery forming part of the row of shops in the existing group.

 

4.      SITE HISTORY

 

Council’s records indicate that the following relevant development/building applications have previously been lodged for the subject site:-

 

10 Bream Street

 

  BA/778/1972 Store Room - Approved 15 August 1972

 

  DA 114/ Change of use from a butcher shop to a gourmet delicatessen/sandwich shop - Approved – 17 April 1997

 

  BA/387/1997, Shop fit out - Approved 24 April 1997

 

  DA/479/2000, Change of use from a delicatessen to a cafe, extend trading hours and outdoor seating.  Approved 27 September 2000

 

  DA/434/2002, Extension of hours of operation utilisation of the rear courtyard increase existing seating area and new bi folding doors to shopfront. Approved – 2 September 2002

 

Apart from the above history contained in Council’s records, the applicant has provided lease details contained in a Land and Property Information (LPI) Title Search indicating that the existing shops within the subject site have been leased continuously to a series of business tenants since details of leases were first recorded in 1989. The LPI also indicates the specific lease arrangements of the current tenants of shops Nos. 10, 12, 14 and 16 Bream Street.

 

A prelodgement meeting was held on 16 December 2005 (PL 62/2005) to discuss development concepts for the proposed development.

 

5.      COMMUNITY CONSULTATION

 

The proposal was notified and advertised in accordance with the DCP - Public Notification of Development Proposals and Council Plans. In response to the two-week notification period ending on 18 April 2007, submissions were received from the following:

 

M. & A. Wilkinson, 20 Bream Street, Coogee

C. O’Connor, 18A Bream Street, Coogee

M. Empson, 5 Bream Street, Coogee

Mr & Mrs C. Macris, 11 Bream Street, Coogee

S. & D. Bassin, 52 Dolphin Street, Coogee

Yulong He, 14 Bream Street, Coogee

P Lofts, 6/18 Bream Street, Coogee

M. Holgate, 3 Bream Street, Coogee

G. Desousa, 9 Bream Street, Coogee

Handiong Xiong, 12 Bream Street, Coogee

P. Woodbury, 2/18 Bream Street, Coogee (on behalf  Owners Corporation SP 18497)

 

 

5.1 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):

 

       Loss of Sunlight to rear yards

 

Comment: This objection is addressed in Section 10.3.2.2 below.

 

       Loss of Privacy to rear yards

 

Comment : This objection is addressed in Section 10.3.2.2 below.

 

       Noise from use of the shops because of use of bi-fold windows

 

Comment :  A condition will be applied requiring the deletion and replacement of the bi-fold windows in the shop fronts with appropriate enclosing glazed element. 

 

       Noise, illegal parking, loss of on-street carparking, access and bus stop, and unattractive streetscape, during construction

 

Comment : Appropriate conditions requiring a construction management plan (including dust control measures and hours of demolition and building works) and appropriate site fencing will be applied to ensure the amenity of the neighbourhood during construction.

 

       Proposal exceeds allowable floorspace for business premises within a residential zone

 

Comment:  The subject site enjoys existing use rights so that the provisions of Clause 35 - Business premises in residential zones (limiting the area of business premises to a maximum 50 sqm) in the Randwick LEP 1998 do not apply as the LEP provisions derogate from the incorporated provisions and are only to be used as a guide in assessing the proposal. Applying the provisions of the clause as a guide, indicates that there is no merit in restricting the area/size of the proposed shops because the shops as currently exist, and proposed to be retained, will be commensurate with the provision of small scale/local neighbourhood businesses in the locality.    

 

       Excessive scale and size of proposed development

 

Comment: The area surrounding the subject site is predominantly characterised by medium to high density development such that the proposed development will not be out of scale. Specifically, as noted in Section 10.3.2.1 below, Building 1 of the proposed development will be lower in height than the existing adjoining residential flat building at No. 18 Bream Street (which is 2 storeys with a high pitched roof) such that the proposal will not be visually overbearing or overwhelming in the context. The proposal will not give rise to any adverse impact on adjoining properties in terms of overshadowing, loss of privacy and views, and overbearing building bulk because of well-considered design, planning and layout of the proposed development  (see relevant assessment sections below).

 

 

 

 

       Exacerbates shortage of on-street carparking

 

Comment: Section 10.2.2 below indicates that the shortfall in carparking comprises 4 retail carspaces for the proposed shops whereas the parking requirements for the residential component will be fully met on-site. The absence of any carparking for the shops is considered reasonable for the following reasons:

 

 

1.  The proposal seeks only to refurbish the existing shops. There is no on-site carparking available for the existing shops which are currently well served by an existing bus route to and from the Sydney CBD and a bus stop in front of the shops.

 

2.  The proposed refurbishment of the shops will result in a decrease in the retail gross floor area due to the provision of an external walkway to the rear residential Building 2. As such, given the existing absence of carparking for the shops, there will be no increase in carparking demand arising from the shortfall in the proposal.

 

       Increased vehicular and pedestrian traffic will exacerbate existing intersection movements and compromise safety in use of the adjoining park on Melody Lane

 

Comment: As discussed in Section 10.3.2.3 below, traffic generation from the proposal will be low with traffic generated at an average of 6 vehicles per hour in peak period. Accordingly, there will be adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development to allow for adequate and safe pedestrian and vehicular environments. Additionally, splayed corners at the driveway into the basement carpark on Melody Lane will be required by way of condition.

 

       No restrictions on operating hours of proposed shops

 

Comment:  Restrictions on the operating hours of shops can be applied when separate DAs are lodged for the future individual uses of the refurbished shops. A condition will be applied requiring DAs to be lodged for all future individual uses of the shop premises.

 

       Disruption to existing shop lease and business

 

Comment: Existing shop tenant’s objections to the disruption to their business as a result of the shop refurbishment and the conditions of their lease is a matter between the tenants and the property owner.

 

6.      TECHNICAL OFFICERS COMMENTS

 

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

 

6.1    Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

An application has been received for the refurbishment of four existing shops at the site and the construction of a residential development consisting of 12 units together with the associated strata subdivision.

 

This report is based on the following plans and documentation:

  Survey plan 20324 by John R. Holt Surveyors dated 19 December 2005;

  Architectural plan by David Roberts Architects dated 12 February 2007;

  Flood study by Pyramid Consulting Engineers dated February 2007;

  Stormwater plans by Pyramid Consulting Engineers dated 7 February 2007.

  Geotechnical Report prepared by Jeffery and Katauskas Pty Ltd dated 29 may 2007.

 

Landscape Comments

On Council’s Bream Street nature strip, to the east of the site, there is one Lophostemon confertus (Brush Box) of approximately 9 metres in height which forms part of a significant and highly desirable avenue planting of this species in this street. Multiple trunks exist from a height of about 2 metres above ground level, with a network of surface roots also noted. Several crossing/rubbing branches exist throughout its canopy, with the trunk displaying a slight lean to the north. Regardless, this tree would remain unaffected given that it is sited a reasonable distance away from any works to be conducted within the site, with protection measures likely not required.

 

In the rear yard, along the eastern boundary, beyond the southeast corner of the existing structure, there is one Schefflera actinophylla (Umbrella Tree) and one Morus alba (Mulberry) which will both need to be removed as they are considered environmental weeds in the Randwick LGA.

 

There is also one deciduous tree (species undetermined due to a complete lack of foliage) of around 9 metres in height which cannot be retained in conjunction with the proposed development. A redesign to accommodate its retention is not warranted as it is not considered a significant specimen, and suitably sized replacement species will be provided to compensate for its loss.

 

Immediately to the west of this group, there is one tree (species undetermined) of approximately 8 metres in height which appears in reasonable condition and is covered by Council’s Tree Preservation Order. Its location means that it will be in direct conflict with the proposed works, but as suitable replacement planting can be provided between the rear of existing commercial premises and the residential component of the proposed development, approval would be granted for its removal.

 

Further to the south, there is one Citrus tree of 4m x 4m which is considered insignificant and should be removed also.

 

Still in the rear yard, about halfway across the site, there is one Pinus patula (Pine Tree) of approximately 8 metres in height which is covered by Council’s Tree Preservation Order (TPO). While providing established canopy cover, its location also means that it would be in direct conflict with the proposed works, with an extensive redesign required should retention be sought, and would severely inhibit the ability to reasonably develop the property.

 

Further, given the inability to establish more decorative landscaping beneath or around its canopy due to excessive needle drop, permission would be granted for its removal subject to more desirable and appropriate plantings which will achieve similar dimensions at maturity being provided in more appropriate locations elsewhere within the site.

 

There is one 7 metre tall deciduous tree in the southeast corner of the site which, while covered by the provisions of Council’s TPO, would likely be heavily impacted during the course of demolition/construction works, and therefore, Council would require that it be removed in lieu of new plantings which will provide partial screening between this site and the adjoining public reserve to the south for privacy and amenity purposes.

 

Conditions have been included regarding planting of replacement specimens which can attain a size affording a reasonable degree of screening and privacy between this site and adjoining properties.  The replacement planting will take place around the perimeter of the site, within those areas nominated as ‘deep soil’.

 

Within the rear yard of the adjoining property to the west, 8 Bream Street, against the common boundary, there is one mature and established Persea americanna (Avocado Tree) of approximately 10 metres in height which is covered by Council’s TPO and is considered a good example of the species, displaying sound branching structure and symmetrical form.

 

As it is located on a neighbouring property, the applicant has a responsibility to ensure it remains unaffected, with all plans needing to show that existing soil levels (at minimum beneath the extent of its dripline) will be maintained, with an exclusion zone for any excavations to also apply for a similar distance.

 

In order to avoid the need for pruning of this tree, which Council’s considers important given its attractive dense, canopy, all plans will be required to plot the exact location of this tree (trunk & dripline), together with existing and proposed spot levels as well as distances between its trunk and any proposed excavation/construction works.

 

Protection measures will need to be implemented, and should any works be proposed within the setbacks specified above, the applicant will be required to submit a detailed Arborist Report (minimum qualification Certificate 4 in Arboriculture) which includes site investigations such as root mapping and relevant recommendations to ensure its preservation during the course of the proposed works.

 

Conditions related to submission of a landscape plan have been included within this report.

 

Flooding Comments

A flood study has been submitted as requested in the prelodgement report for this site. The flood study indicates a maximum 1 in 100 year ARI flood level of 16.69m AHD in the vicinity of this site.

 

To minimise the possibility of localised floodwater entering the proposed development, all new habitable/storage areas (including the garbage room and any portions of the electrical and utilities cupboards that may be adversely affected by floodwater) shall be a minimum of 300mm above the calculated 1 in 100 year flood level or suitably protected.

 

The proposed internal driveway (and any other openings into the basement carpark from Dolphin Lane) must be designed with a high point at least 300mm above the determined 1 in 100 year flood level or suitably protected.

 

Further, the three car spaces proposed at the rear of the site adjacent to the entry to the basement carpark shall be located a minimum of 300mm above the determined 1 in 100 year flood level or suitably protected.

 

All footings shall be suitably designed to ensure that they will not be adversely affected by stormwater/floodwater.

 

Civil Works Comments

The applicant must meet the full cost for Council or a Council approved contractor to undertake civil works along both the Bream Street and Dolphin Lane site frontages as required to facilitate pedestrian and vehicular access to the site. The Council’s Coordinator - Assets has advised that these works may include, but not necessarily be limited to, the following:

 

Bream Street frontage:

 

a)  Reconstruction of any damaged sections of footpath along the full site frontage;

 

b)  Reconstruction of any damaged sections of kerb and gutter along the full site frontage (including associated roadworks).

 

Dolphin Lane frontage:

 

c)  Construction of asphalt roadway between Carrington Road and the eastern property boundary with one way cross fall to the south;

 

d)  Construction of concrete layback (and crossing where appropriate):

i)   Opposite the proposed vehicular entrance to the site;

ii)  Opposite the existing vehicular entry point to 8 Bream Street; AND

iii)  At the end of the new asphalt laneway (to facilitate vehicular access into the park by service vehicles when required).

 

e)  Construction of new concrete kerb and gutter on both the northern and southern sides of the laneway between Carrington Road and the eastern property boundary (except in the areas of layback as defined above);

 

f)   Construction of a new kerb inlet pit in the lowest point of the reconstructed laneway and connection to Council’s underground drainage system in Dolphin Street via a new 375mm diameter RRRCP pipeline. The new pit and the pipe junction into Council’s existing underground drainage system shall be designed and constructed to the satisfaction of Council’s Assets Drainage Engineer.

Drainage Comments

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.

 

All site stormwater must be discharged (by gravity) to either:

 

a)  The underground drainage system in Dolphin Street, via the new drainage system to be constructed in Dolphin Lane; OR

b)  A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

Notes:           (a) Discharge to the underground drainage system in Dolphin Street will necessitate the applicant meeting all costs associated with constructing a new kerb inlet pit (in general accordance with Council’s standard drawing SD7a) in the lowest point of Dolphin Lane and extending Council’s underground drainage system up from Dolphin Street to connect into the new kerb inlet pit. Given that the low point pit will be located on the southern side of Dolphin Lane, stormwater discharge from the site may be taken to the kerb and gutter on the northern side of Dolphin Lane and permitted to flow across the lane into the new kerb inlet pit.

 

(b) With the exception of the site discharge pipe, all new pipelines constructed within council’s reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

Onsite detention requirements

Should stormwater be discharged to Council’s underground drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

Should no formal overland escape route be provided for storms greater than the design storm, the on-site detention system shall be sized for the 1 in 100 year storm event.

 

General drainage design requirements

The maximum depth of ponding in any above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)  150mm in uncovered parking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area.

b)  300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

c)  600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

d)  1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

  It is noted that above ground storage will not be permitted in any area which may be used for storage of goods.

  Mulch/bark must not be used in onsite detention areas

 

The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

Road Act Approval Comments

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

 

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

 

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

 

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.

 

Geotechnical Comments

The applicant was previously requested to carry out sufficient Geotechnical investigation to determine if the proposed development will have any affect on, or be affected by groundwater. A geotechnical report was received and conditions arising from the finding of the geotechnical report have been included within this report.

 

Traffic Comments

All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines.

 

Parking provisions

On-site parking shall be provided in accordance with Council’s DCP - Parking. The Planning Officer has advised that the proposed parking provision complies with this requirement. Loading / unloading operations and parking for the refurbished shops will continue to take place in the current form, (i.e. onstreet).

 

It is noted that Council’s DCP states that where an application consists of an extension/modification to an existing development, Council generally only requires that additional parking be provided to cater for additional demands arising from increases in floor space or changes in use.

 

Service Authority Comments

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

 

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

 

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

 

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)    the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)    the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the costs of the proposed works are in excess of $2million the applicant will be required to meet the cost for option (a) above.

 

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

 

6.2    Building Services Comments

 

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

 

BCA Building Classification

 

Class   -        5/6     (Offices/Retail/Shops)

Class   -        2        (Residential units)

Class   -        7a      (Carpark)

 

Background

 

The existing buildings on site are post war brick shop and dwellings bounded by buildings of a similar nature and residences.

 

Key Issues

 

Building Code of Australia (BCA):

 

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

 

Site Management:

 

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

 

Access for people with a disability:

 

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

 

Access for people with a disability is required to be provided to the ground floor shops and, sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

Standard conditions should be included confirm these requirements.

 

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

 

RECOMMENDATION:

 

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

 

6.3    Environmental Health Comments

 

The Manager of Environmental Health and Building Services advises that no objections are raised to the proposal in relation to environmental health issues subject to conditions.

 

7.      MASTER PLANNING REQUIREMENTS

 

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

 

The subject site, being 1073 sqm in area, is not subject to the provisions of Clause 40A.

 

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 subject site is zoned Residential 2C under Randwick Local Environmental Plan 1998 (LEP 1998).  The applicant’s solicitor, CW McEwen SC, has advised that the DA has been lodged on the basis that the subject site enjoys existing use rights “because existing shops stand upon the subject land and have been in existence prior to the coming into force of the Cumberland Planning Scheme in early 1950. At that time … the subject land was zoned “Living Area” in which development for the purposes of shops with dwellings above was permissible … such use became a prohibited use with the coming into force of the Randwick Planning Scheme Ordinance on 28 April 1978 (and) … that such use has been prohibited since that time and that the current use has continued throughout that period, with the result that the site has the benefit of existing use rights pursuant to s106 of the Environmental Planning and Assessment Act.”  The validity of the existing use rights claim is addressed further in Section 10.1.1 below. 

 

The following table indicates the relationship of the proposal with the statutory controls applicable in a Residential 2C zone:


 

Residential

Clause No.

Requirement

Provided

Compliance

31(2) - Landscaped Area

50% of site area (or 536.5m2)

50.8% or 544.86 m2

Yes

31(3) – Landscaped Area over Basement

Less than 50% of landscape  area requirement

(268.25m2)

47.5% or 255m2

Yes

32 - FSR

0.9:1 (965.7m2)

0.96:1 (1035.7 m2)

No

33(1) – Building Height

Max 12m

Building 1 – Max 10.2m

Building 2 – Max 10.6m 

Yes

33(3) – External Wall Height

Max 10m

Building 1 – Max 9.2m

Building 2 – Max 10m 

Yes

Other Clauses

Effect

Applies

Comment

21

Strata Subdivision

Yes

Draft Strata plans  submitted for assessment.

43

Heritage Item or Conservation Area

No

NA

46

Vicinity of Heritage Item

No

NA

 

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

 

Clause 40        Excavation and filling of land

Clause 42B     Contaminated Land

 

8.2    Relevant State Environmental Planning Policies

 

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

 

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

·       State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

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

 

9.         POLICY CONTROLS

 

The following Development Control Plans are applicable in the subject site:

 

9.1      Development Control Plan  – Multi-unit housing

 

The table below assesses the proposal against the Preferred Solutions of the DCP – Multi-unit housing, and where variations occur, assessment is made against the relevant Objectives and Performance Requirements. 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis plan provided

P2 Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least 20m.

Frontage of 21.3m to both Bream Street and Melody Lane.

P3 Development on corner sites responds to both street frontages.

 

Not applicable

Height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

 

Wall height complies with RLEP control. Location and orientation of buildings do not cause substantial adverse impacts on streetscape or adjoining properties.

 

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

Building bulk is distributed over two proposed buildings with adequate visual interest in terms of articulation and façade treatment to minimise amenity impacts on the streetscape and adjoining properties.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

Zero front setback of existing shops to be retained consistent with adjoining shops at No. 6 and No. 8 Bream Street.

P2  Side boundary setbacks

Side setbacks to ensure:

       Solar access maintained and overshadowing minimised.

       Privacy between adjoining dwellings and open spaces.

       Landscaping and private open space provided.

       Streetscape amenity is maintained.

 

o     S2  Zone 2C

o     No part closer than 3.5 metres.

o     Minimum average setback 5 metres.

o     Maximum length of wall without articulation is 10 metres.

o     Minimum length of any step is 3 metres.

East

Building 1

o     No – zero setback at ground floor retained (closest part)

o     Yes - 5.0m (min) average

o     Yes - 10m (max) length of wall

o     Yes - 3m (min) step

Building 2

o     No – 1.5m (closest part localised at entry)

o     Yes - 5.0m (min) average

o     Yes – 9.5m (max) length of wall

o     Yes - 2m (min) step

West

Building 1

o     No – zero setback at ground floor retained (closest part)

o     Yes - 5.0m (min) average

o     Yes - 10m (max) length of wall

o     Yes - 3m (min) step

Building 2

o     Yes – 3.5m (closest part localised at entry)

o     Yes - 5.0m (min) average

o     Yes – 9.5m (max) length of wall

o     Yes - 2m (min) step

 

P3  Rear Boundary Setbacks

Ensure that:

       Solar access and overshadowing are minimised.

       Privacy between neighbouring dwellings and their open spaces provided.

       Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

       Building built across site.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

South

Building 2

o     No - 6.0m (closest part) (see Section 10.3.1)

o     Yes - 8.0m (min) average (see Section 10.3.1)

o     Yes - 7m (max) length of wall 

P4  General

Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

S4 No device may encroach more than 25% of the Preferred Solution.

No adverse impacts on adjoining properties arising from eaves, window hoods and other sun-shading or weather protection

Density

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

 

As discussed in Section below, bulk and scale of the building when viewed from adjoining public spaces and private properties is visually compatible with surrounding buildings.

 

Fences

P1  Fences to be/have:         

       consistent with streetscape;

       Entrances highlighted; and

       Planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

N.A. - No solid fence to Bream Street.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Yes

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

Yes –all areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

P3  Private Open Space

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

 

Yes – private open space in the form of courtyard terraces for ground floor dwelling units in Building 2 fronting central courtyard.

P4 Is located in front of the building only where setback and fence design sympathetic.

 

N.A. as no dwelling units have setback and fence design to street front.

 

P5  Townhouses

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

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

N.A.

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

 

S6 Minimum of 8 m2 and minimum dimension of 2 metres.

Ground floor apartment will have front courtyards while apartments above will be provided with balconies.

Privacy

P1  Visual Privacy

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

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

Yes (see Section 10.4.2.2 below)

 

P2 Private open space design and location ensure privacy.

 

Yes

P3  Acoustic Privacy

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

 

Yes

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Australia (BCA).

Required to comply with BCA

View Sharing

P1 Design and location of buildings considers surroundings for assessing impact on views.

 

No view affectation

P2 Development minimises effects on views and shows how view loss is minimised.

 

As above

P3 Buildings are aligned to maximise view corridors between buildings.

 

 

N.A.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

Yes (see Section 10.3.2.2 below)

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

N. A.

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

Yes (see Section 10.3.2.2 below)

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Yes (see Section 10.3.2.2 below)

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

       Living areas are orientated to the north.

       Larger windows are located on the north.

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The Anthers rating for each dwelling (on a typical unit basis) is provided with the application.

Proposal achieves compliance with BASIX targets (see Section 10.3.2.4 below).

P5 Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

N. A. – solar collectors not proposed

Safety and Security

P1 Design allows surveillance.

 

Yes

P2 Approaches and entries are visible.

 

Yes

P3 High walls and structures avoided.

 

Yes

P4 Resident car parking has security grilles or doors.

 

Yes in part.

P5 Visitor parking spaces clearly identifiable.

 

Yes by condition

P6 Adequate lighting for personal safety and security provided.

 

Yes by condition

P7 Adequate lighting is provided in common areas.

 

Yes by condition

P8 External lighting does create a nuisance.

 

Yes by condition

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

See Section 10.2.2 below.

P1 Garages and parking structures do not dominate the street frontage.

 

Yes – all carparking in basement.

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

Condition to be applied for compliance.

P3 Secure storage for bicycles is provided.

 

Yes on ground level

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

Yes

P2 Vehicles enter/ leave in a forward direction.

S2 Vehicles enter with a single turn and leave in no more than 2 turns.

Yes

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3 Long driveways provide passing bays.

Driveway is largely internal within the basement carpark.

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4 Driveways have a minimum width of 3 metres and is at least 1 metre from any side or rear fence.

N.A.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

Yes

P6 Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

 

Yes by condition to comply with Australian Standard

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

 

Yes – Accessible and separate storage for each dwelling provided in basement.

Barrier-free access

 

 

Access for people with a disability is provided to and within one dwelling at the following rate:

0-14 dwellings     0

15-29 dwellings   1

30-44 dwellings   2

45-60 dwellings   3

and so on.

 

 

N.A. as only 12 dwellings are proposed.

Utilities/Site Facilities: subject to  appropriate conditions of consent

 

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

Yes by condition

P2 Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Yes – two centralised garbage storage areas are provided at basement level.

P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

S3 Waste facilities not to be located between the front building alignment and the road.

Waste facilities provided in basement level therefore not visible from street.    

 

An assessment of the provisions of the DCP – Multi-unit Housing in relation to the proposal is given in Section below.

 

9.2      Development Control Plan - Parking

 

Table 3: Compliance with DCP – Parking

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

 

1 space per one bedroom dwelling

3 x one bedroom dwellings

3 spaces

 

 

15 residential carspaces

 

1.2 spaces per two bedroom dwelling

8 x two bedroom dwellings

9.6 spaces

 

1.5 spaces per three bedroom dwellings

1 x three bedroom dwellings proposed

1.5 spaces

 

Visitor:

1 space per 4 units

Total dwellings = 12

3 spaces

Retail

1 space per 40 sqm GFA

 

177.8 sqm

4 spaces

Nil

TOTAL

 

 

18.1 spaces

15 spaces

 

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       Existing use rights – S106 - S108

 

The applicant claims the site benefits from existing rights under the provisions of Section 106 of the EP&A Act.  This requires that the use of a building, work or land was lawfully granted and commenced. As well, under Section 107, the use is presumed to be abandoned, unless the contrary is established, if the use ceases for a continuous period of 12 months.

 

In terms of the current uses within the existing shops, only the existing restaurant at No. 10 Bream Street has a record of development consent having been issued by Council. There is no record of any consent having been issued for the remaining three shop-uses, namely, the newsagency at No. 12, the Supermarket at No. 14 and the pool shop at No. 16.  Notwithstanding this, it is considered reasonable to regard the subject site as enjoying existing use rights for shops for the following reasons:

 

·            The existing shops on the subject site have been in existence prior to the coming into force of the Cumberland Planning Scheme in early 1950 with the subject site zoned “Living Area” under that Instrument, in which development for the purposes of shops with dwellings above was permissible. Such use became a prohibited use with the coming into force of the Randwick Planning Scheme Ordinance on 28 April 1978 and has been prohibited since that time and that the current use has continued throughout that period, with the result that the site has the benefit of existing use rights pursuant to s106 of the Environmental Planning and Assessment Act.

 

·            The applicant has provided a Land and Property Information (LPI) Title Search indicating that the existing shops within the subject site have been leased continuously to a series of business tenants since details of leases were first recorded in 1989. The LPI also indicates the lease arrangements of the current tenants of shops Nos. 10, 12, 14 and 16 Bream Street.

 

·            The existing business premises are situated within, and operate from, a part of the existing buildings that was originally designed and constructed for use as shops.

 

In view of the above, the subject site is considered to enjoy existing use rights and has been used continuously for shops and residence above, and not abandoned. Accordingly, pursuant to Section 108(3) any provisions in an instrument that would derogate from the “incorporated provisions” of the Act would have no force or effect on the proposed development (that is, the development standards of the Randwick LEP 1998 and relevant DCPs do not apply to the proposed development). To confirm this Council has obtained legal advice which indicates that notwithstanding that part of the development proposed is for multi-unit housing which is permissible within the existing Residential 2C zone without the benefit of existing use rights, the applicant is entitled to claim the benefit of the existing use rights to the whole of the proposed development. The benefit being that the incorporated provisions override the LEP provisions to the extent that the latter provisions derogate from the incorporated provisions. As such, the development application must be considered on its merits with the provisions of the Randwick LEP 1998 to be used as a guide to be applied in assessing the proposed development.

 

10.1.2       Randwick Local Environmental Plan 1998

 

As the site enjoys the benefits of existing use rights, the provisions of the Randwick LEP 1998 that would derogate from the “incorporated provisions” of the EP&A Act have no force or effect pursuant to Section 108 of the EP&A Act. Notwithstanding this, the relevant aims, objectives and development standards of the Randwick LEP 1998 are considered as a guide in the context of a merit assessment of the proposal. In this regard, The Land and Environment Court has stated, in the case of Fodor Investments v Hornsby Shire Council, 2005, that “It is an established planning principle that while planning controls do not apply to sites with existing use rights, they have relevance to the assessment of applications on such sites … because the controls apply to surrounding sites and indicate the kind of development that can be expected if and when surrounding sites are redeveloped.” Having regard to this, the aims/objectives of the Randwick LEP 1998 that are relevant to the assessment of the subject application are as follows:

 

·             The aim of Clause 2 (g) is "to promote, protect and enhance the environmental qualities of the City".

 

·      The objective of clause 12 (1)(c) is "to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas”.

 

The proposal, as described and assessed in the relevant assessment sections below, will result in a development that will meet this relevant aim of the LEP and objective of the 2C zone as the proposal overall, will fit into the existing context of development in the locality and will not detract from the character of the area. The proposal is also satisfactory with regard to the relevant objectives of the 2C zone.

 

The proposal has a maximum FSR of 0.96:1 which varies from the maximum FSR control of 0.9:1 under the Randwick LEP 1998. Assessing the proposal on its merits, the variation in the FSR is considered acceptable for the following reasons:

 

·         the proposed buildings step down in height from the Bream Street frontage to the Melody Lane frontage effecting a transition between the height and scale of existing residential flat development  on Bream Street and the lower scale and open space character of development to the south of the site.

 

·         The bulk and scale of the proposed buildings are minimised by the design of the individual buildings through the use of setbacks at the upper levels and different façade treatments which break-up the building facades into distinct elements to visually differentiate the building.  

 

·            The locality in which the proposed development is located is an area with predominantly medium to high density residential developments so that in context, the redevelopment of the subject site for the residential use at the density proposed accords with the LEP objectives for the locality.

 

·            The proposed non-compliance does not result in any inconsistencies with the objectives of the 2C zone in which the site is located as it will contribute towards the variety of housing types in the area and enable residential development in a variety of medium density form where such development does not compromise the amenity of surrounding residential areas and is compatible with the character of existing development in the area. Overall, the proposal will contribute to a better urban environment whilst ensuring an orderly and economic use of land for a mixed retail and residential use.

 

10.1.3 State Environmental Planning Policy 55 – Remediation of Land

 

Clause 7(1)(a) of the SEPP requires Council to consider whether the land is contaminated in the consideration of development applications. The applicant has provided a Preliminary Environmental Site Assessment Report prepared by Environmental Investigation Services (EIS). Preliminary site investigations have been undertaken and the site has been identified as possibly having various contaminants in the soil. A remedial strategy has been identified in the Report and outlined briefly. Council’s Environmental Health Officer advises that a Remediation Action Plan and Validation Report will be required to ensure that the land will be suitable for the intended use.

 

(c)    State Environmental Planning Policy 65 – Design Quality of Residential Flat Development (SEPP 65)

 

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. Any redevelopment of the site for multi-unit housing purposes should achieve consistency with the design quality principles embodied in SEPP 65. This approach has been reinforced by the Land and Environment Court in a recently adopted planning principle regarding Existing Use Rights (Fodor Investments vs Hornsby Shire Council). The application has been considered by Council’s Design Review Panel. The Panel’s comments are addressed in section 10.4.2.1 below.

 

10.2  Policy Controls– Section 79C(1)(a)

 

10.2.1 DCP – Multi-unit Housing

 

Using the DCP-Multi-unit housing as a guide, Section 9.21 above indicates that the proposal would comply with all the provisions of the DCP with the exception of building setbacks. The variations from the side and rear setback requirements are considered acceptable for the following reasons:

 

·                The zero eastern and western side setbacks to Building 1 reflects the built form of the existing shops which are built to the boundary on the eastern and western sides. The retention and refurbishment of the shops in Building 1 will retain this existing built form and footprint.

 

·                The breach in the setback on the eastern side of Building 2 occurs in a localised area where an awning structure is proposed over the entry to this building. The breach occurs only for a length of approximately 2.4m

 

·                The breach in the setback to the southern rear boundary occurs in a localised area where the living/dining area of Unit 1 in Building 2 is proposed, for a length of approximately 7m. The breach presents no loss of privacy issues as the rear south elevation of Building 2 faces Melody Lane and a local open space on the opposite side of this lane.

 

10.2.2 DCP – Parking

 

While the parking requirements for the residential component will be fully met on-site, the proposal will have a shortfall in carparking of 4 retail carspaces which is the total amount required for the shops under the DCP. The absence of any carparking for the proposed shops is considered reasonable for the following reasons:

 

1.  The proposal seeks only to refurbish the existing shops. There is no on-site carparking available for the existing shops which are currently well served by an existing bus route to and from the Sydney CBD and a bus stop in front of the shops.

 

2.  The proposed refurbishment of the shops will result in a decrease in the retail gross floor area due to the provision of an external walkway to the rear residential Building 2. As such, given the existing absence of carparking for the shops, there will be no increase in carparking demand arising from the shortfall in the proposal.

 

10.2.3             Contaminated Land Policy, 1999

 

Council’s Contaminated Land Policy applies to the site and has been addressed by Council’s Environmental Health Officer in section 6.2. The officer has assessed the site contamination report submitted with the application and raises no objections to the findings subject to appropriate conditions being imposed on any consent for the site including the requirement for a Remediation Action Plan and a Validation Report confirming the site is suitable for the intended use. Accordingly, the proposal is satisfactory with regard to Council’s Contaminated Land Policy.

 

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

10.3.1        Natural Environmental Impacts

 

The subject site contains existing buildings and hard paving/slab and lies within an existing built-up area in Coogee.  As such, there are 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.

 

10.3.2        Built Environmental Impacts

10.3.2.1    Urban Design

 

The Bream Street elevation of Building 1 will be rendered masonry external walls with select paint and textured finish. Building 1 will have an external wall framing the balconies of dwelling units on the level above the shops which will provide a solid edge to Bream Street consistent with the existing presentation of the shops and dwellings above. This external wall will also have the effect of fully recessing the balcony to these dwelling units with appropriate corbel treatment around balcony openings and to the parapet to provide visual interest and articulation. Additionally, the living rooms and bedrooms in north-facing dwelling units within Building 1 will be linked by common balconies to enhance living amenity within. Building 1 will have copper panel cladding on the side and rear external walls of the upper-most floor to further enhance the visual qualities of the building. Overall, the façade treatment to Building A will create a visually definable base, middle and top when viewed from Bream Street.

 

The side and rear elevations of Building 2 mirrors that of Building 1 in providing a similar copper panel cladding on the side and rear external walls of the upper-most floor to provide visual consistency and interest. Building 2 has been stepped down by approximately 2m from the ground floor level of Building 1 consistent with the sloping nature of the subject site. Overall, the southern façade of Building 2 provides an appropriate frame to Melody Lane, creating visual interest that complements existing development in the lane.

 

It is noted that the immediate adjoining property to the east of the proposed development is an existing 2 storey residential flat building with a high pitched roof fronting Bream Street.  Building 1 of the proposed development will lower in height than this adjoining residential flat building such that, visually, Building 1 will not be overbearing or overwhelming in terms of bulk and scale.

 

The orientation of the two proposed buildings will result in apartments overlooking streets and the communal open space. Accordingly, the proposal has been designed to allow casual surveillance of the street with all entry points clearly visible from both the proposed development and surrounding streets.

 

Under the provisions of SEPP 65, a Design Review Panel reviewed the proposal on 7 May 2007 and has found the proposal satisfactory on all the SEPP 65 assessment criteria as detailed below. The Panel’s comments are listed in italics below (with Council’s comments in bold wherever necessary):

 

1.     Relationship to the Context of the Proposal 

 

Following the Pre DA meeting the Applicant has revised and improved the design to retain the built edge to Bream Street. Further contextual information such as neighbouring buildings, extended street elevations and set back requirements clearly marked on the drawings would assist in the assessment of this proposal. The Council officers are willing to look at options for the southern part of the site in relation to the large setbacks that are required.

 

Comment: The applicant has provided adequate contextual detail in the submission in the form of (1) Bream Street and Melody Lane perspectives showing the built form and visual relationship of the proposed development with that of the adjoining properties and (2) survey details of the adjoining properties to the east and west showing RLs to AHD of roof, eaves windows. These details adequately show that the development as proposed in the DA submission will relate well with existing developments in the adjoining and surrounding area in terms of bulk, scale and height. Apart from localised breaches in the side and rear setbacks, Building 2 (in the southern part of the subject site) nevertheless achieves the average minimum side and rear setbacks. Any redesign to extend the building into these setback areas, as suggested by the Panel, will result in increased bulk, scale and density which is considered inappropriate and unwarranted.

 

2.     The Scale of the Proposal

 

The elevation to Bream Street has been improved however the façade openings and proportions could be reconsidered to optimize northern sun and provide a more convincing architectural scale.  The roof to the upper level is high and yet there is no additional glass height, ceiling height or venting to the apartments within.  It would therefore be better to either take full advantage of the height or reduce the height of this roof so that it is less dominant to the street.

The scale of the southern building facing Melody Lane could also be improved with a more consolidated form rather than the many separate elements that are currently proposed. It would be more desirable to a have a unified architectural scale to the broad space of the park to the rear, rather than something overly domestic. These forms have in part been a product of the setback requirements however some rationalization is possible.  The roof forms could also be rationalized, reducing the down pipe and gutter requirements.

 

Ceiling heights of 2.7 m in living areas are required under SEPP 65.  The current proposal of 2850 floor to floor should be checked with regard to acoustic requirements. The Panel suggests 3.0 to 3.1 metres floor to floor is required, though the top ceiling / roof detail could also be reconfigured to provide additional internal height without much increase to the overall height.

 

Comment: Whilst the open-pitched roof form to Bream Street results in added height to the streetfront, the proposal is acceptable in that it complies with the maximum building height control in the LEP, and provides for an appropriate visual feature as well as roof articulation in Building 1 to Bream Street. Furthermore, as suggested by the Panel, the height afforded by the roof form can be utilised for venting to the apartments and additional glass height by way of conditions should approval be granted.

 

In relation to the design of the southern building (Building 2) facing Melody Lane, as discussed in the preceding point above, the Panels requirement for further building options to utilise and reduce the side and rear setbacks of this building is not warranted for the following reasons:

 

·         The side and rear setbacks of Building 2 from the adjoining eastern and western properties generally comply with the DCP – Multi-unit housing (with the exception of some localised points) such that any alternative built form to utilise the setback areas would compromise the required separation distances to adjoining properties and by definition, privacy and solar/daylight access protections to these properties.

 

·         The design and presentation of Building 2 is considered an appropriate residential built form that relates suitably to the streetscape of Melody Lane and the existing residential properties fronting this lane. 

 

·         As required by the Panel, a condition will be applied requiring the proposed gutter and down-pipes in the proposal to be suitably treated/concealed to further improve the visual amenity of proposal.

 

3.     The Built Form of the Proposal

 

Generally the built form is an appropriate response to the site and creates greater amenity within the site and for the neighbours, however the internal layouts and sizes of units should be reinvestigated to increase amenity.  This will in turn affect the final built form.

 

The elevations have some awkward proportions, window relationships and roof details, all of which can be rationalized when the planning arrangements are finalized.

 

The retention of the shop fronts and awning to Bream Street is strongly supported.

 

Comments: The applicant advises that the proposal achieves cross-ventilation to all dwelling units and the BASIX certificate indicates that the proposal achieves the required targets for energy efficiency, water conservation and thermal comfort. In relation to elevations, a deferred commencement condition will be applied requiring the submission of amended plans and elevations showing accurate dimensions and proportions for all architectural features of the proposal.

 

4      The Proposed Density

 

The density is considered appropriate for the site and location however any argument for increased FSR needs to be supported by good amenity to all dwellings and reasonable impacts on neighbours.

 

5      Resource and Energy Use and Water Efficiency

 

All apartments have the potential for good solar access, cross ventilation and day-lighting.  Ventilating skylights have been added to the internal top floor bathrooms.

Sunshading and weather protection to some of the windows needs to be addressed.

Window operation should be indicated on the drawings and generally be designed for optimum cross ventilation.  Nighttime ventilation needs to be considered with security issues in mind.

 

Ceiling fans should be provided to bedrooms.

 

Comments: Deferred commencement conditions will be applied requiring the inclusion of sunshading and weather protection devices to windows, details of window operation to optimise cross-ventilation and address security issues.

 

6.     The Proposed Landscape

 

The landscape plan prepared by the Landscape Architect has been submitted to Council however the Panel will also need to review the design.  A copy should be provided by the Council for the Panel.  Soil depths to the central courtyard should include areas deep enough to support trees of around 8 – 10 metres.  It would seem that more soil depth could be achieved above some areas of the car parking.

The proposed balcony planters may benefit from more soil area and should be provided with an irrigation system to ensure their long term sustainability.

The driveway width has been reduced and improvements made to the entry.

The pergola design and pathway indicated on the landscape drawings should be included in the architectural drawings.

 

Comments: A condition will be applied to increase the height of planter boxes in the central courtyard above the basement carpark podium. Council’s Landscape Officer has reviewed the proposal’s landscape plan and raises no objections to the landscape design subject to conditions to improve tree planting screening along Melody Lane.  

 

7.     The Amenity of the Proposal for its Users

 

The internal layouts are very tight with some bedroom and living room widths considered to be below minimum dimensions required for a reasonable degree of flexibility. Apartments in the order of 70m2 for a 2 bedroom and 90m2 for a 3 bedroom apartment are uncomfortably tight, as evidenced in the very small bedroom sizes. The bathrooms in some of the layouts would benefit from a shower over the bath to provide more floor space.

Internal space for circulation in unit 12 may be able to be reduced with a different planning arrangement.  A living/dining area with a long single bench kitchen may provide a more adaptable apartment layout and larger bedrooms.

Some overlooking from balconies could be reduced with pergola or screen details.

Although furniture layouts have been prepared they have not been included on the drawings.  Their inclusion would assist in the assessment of the application.

The proposal, with some adjustment in line with this report, has the ability to deliver apartments of quality and high amenity.

 

Comment: The shortfall in floor area of the bedroom amounts to approximately 3 sqm against the requirements of the Residential Flat Design Code. Following  discussions with the applicant’s architect, the area of bedrooms for all apartments can be increased to achieve the minor shortfall in bedroom area by replanning the internal layout of service areas in the apartments as suggested by the Panel. Accordingly, the applicant is agreeable to a deferred commencement condition requiring the increase in the bedroom areas. In addition, deferred commencement condition will also be included requiring the rearrangement of the internal areas of Unit No. 12 to improve circulation, inclusion of furniture layouts to floor plans and  provision of privacy screen to balconies.

 

8.     The Safety and Security Characteristics of the Proposal

 

Satisfactory.

 

9.     Social issues

 

Satisfactory. The retention of the local shops and awning at the bus stop is good for the neighbourhood, and the apartments overlooking the southern park increases the safety of this area.

 

10.   The Aesthetics of the Proposal

 

Further development of the design, materials, details and colours is required for a reasonable assessment of aesthetics to be made. A detailed part elevation and large scale wall section, nominating materials and finishes, should be provided along with a materials and colours board.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel appreciates that the Applicant has aimed to achieve a high level of amenity within the existing streetscape and context however there is scope to further maximize the opportunities of the site. 

 

The Applicant should develop the proposal in consultation with the Council assessing officer.

 

The Panel looks forward to reviewing this proposal again once these improvements have been made.

 

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.

 

10.3.2.2    Sunlight, Privacy and Views

 

Shadow diagrams submitted with the application indicate that at 9am, 12 noon and 3pm in the winter solstice, overshadowing will fall on the rear yard of the adjoining shop at No. 8 Bream Street and Melody Lane. It should be noted that, this rear yard is not a principal landscaped area as defined in the DCP – Multi unit Housing and appears as a service area for the adjoining shop.  By 12:00 noon the rear yard of No. 8 Melody Street will be free from overshadowing from the proposed development with the shadows falling solely within the development site and Melody Lane. By 3:00 pm overshadowing will occur onto the rear yard of the adjoining residential flat building to the east at No. 18 Bream Street. Objections have been raised by owners/residents in No. 18 Bream Street to the loss of afternoon sunlight as a result of the proposal. These concerns are addressed as follows:

 

 

 

In terms of privacy, objections have been raised in relation to loss of privacy to the rear yard of the adjoining residential flat building at No. 18 Bream Street. The closest building that may give rise to loss of privacy to the rear yard of No. 18 Bream Street will be the proposed southern building, Building 2. An assessment of Building 2 indicates that overlooking to the rear yard of No. 18 will not be significant for the following reasons:

 

 

 

 

Overall, the proposal will be acceptable in term of privacy especially given that a majority of apartments will have living areas facing relevant street-frontages to Bream Street and Melody Lane, and not to adjoining residential properties to the east and west.

 

In terms of views, the proposal will have minimal, if no impact, on any existing district views that may be obtained by surrounding residences because such views will be limited and relatively insignificant given the existing flat topography of land in the locality.

 

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

 

10.3.2.3    Traffic and access

 

The proposal for 12 dwelling units is expected to generate approximately 60 movements per day with 6 vehicles per hour two-way during the morning and afternoon peak periods. This increase is a low traffic generation which will have minimal impact on the performance of existing intersections in the locality. There will be adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development. It should be noted that the net increase in the number of dwellings will be 8 units given that there are 4 existing dwellings above the existing shops so that in real terms the impact of traffic will be further minimised.

 

Overall, the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the adjacent classified road network.

 

10.3.2.4    Ecologically Sustainable Development

 

The applicant has provided a BASIX assessment of the proposal in accordance with BASIX modelling requirements which indicates compliance with the targets for multi-unit housing , achieving 41% in water saving and 35% in energy consumption and a “pass” for Thermal comfort.

 

Specifically, the proposal achieves cross-ventilation for all dwelling units; and  83% of proposed units will receive a minimum 3 hours direct sunlight between 9am and 3pm in midwinter (minimum 70% required under the Residential Flat Design Code).

 

The proposed development will be well served by public buses along Bream Street,  linking the subject site to the CBD, via Randwick Junction in keeping with the promotion of 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  Social and Economic Impacts – S79C(1)(b)

 

The proposal will increase the availability of housing and promote the key directions and actions for the Randwick City Plan and the objectives of the Residential 2C zone contained in the Randwick LEP 1998. The effect of the proposal would be to bring more people to the locality potentially linking them to existing economic, institutional and service facilities in the area. Overall the proposal presents a positive impact within the site and locality.

 

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

 

The subject site is zoned Residential 2C. The subject site is therefore suitable for the proposed conforming medium density residential development whilst retaining the existing non-conforming shop use. The shop use will also be suitable for the subject site as an existing use given its neighbourhood scale and function.

 

The site is well located in relation to Coogee Beach and the Randwick and Spot town centres. Public bus services are also available in the immediate locality.

 

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

 

The proposal was notified and advertised between 28 March 2007 and 18 April 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.

 

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

 

The proposed development will be in the public interest as it will provide additional housing stock in an area that is highly accessible by public buses and private vehicles. In addition, the proposal will consolidate the residential character of the locality by enabling residential development of a medium density housing form without compromising the amenity of surrounding residential area in accordance with the Randwick City Plan and the Randwick LEP 1998.

 

11        RELATIONSHIP TO CITY PLAN

 

11.1    Outcomes

 

Outcome  : Leadership in sustainability – The proposal will achieve the BASIX targets for water conservation, energy consumption and thermal comfort as well as achieve high levels of cross ventilation, dual aspect and solar access for dwelling units.

 

Outcome  : Excellence in urban design and development  – The proposal has a good architectural quality in that maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

 

11.2    Directions and Actions

 

Direction 4a & associated key action : Improved design and sustainability across all development –The proposal will achieve the BASIX targets for water conservation, energy consumption and thermal comfort as well as achieve high levels of cross ventilation, dual aspect and solar access for dwelling units.

 

11.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.    CONCLUSION

 

The applicant has lodged the subject application on the basis of existing use rights pertaining to the existing shops on the subject land which have been in existence prior to the coming into force of the Cumberland Planning Scheme in early 1950, and notwithstanding such use becoming prohibited under the Randwick LEP 1998, the use of the shops has continued in the period between the two instruments. It is considered that the applicant has satisfactorily established existing use rights such that the proposed development can be granted consent in the Residential 2C zone.

 

A merit based assessment has been made of the proposal, using Council’s controls as a guide to the type of development envisaged on the site and its ‘reasonableness’. Whilst the proposal varies from the maximum FSR contained in the RLEP; the setback requirements of the DCP – Multi-unit Housing; and the retail carparking requirement of the DCP – Parking, the development overall is considered to be consistent with the character of existing development and performs adequately with regard to streetscape, bulk and scale, safety and security, solar access and privacy to adjoining properties, and traffic and parking impacts to surrounding properties, subject to appropriate conditions.

 

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

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its development consent as a Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/185/2007 for the refurbishment of 4 existing shops and construction of new multi-unit housing development above and in a new building to the rear containing a total of 3 x 1 bedroom, 8 x 2 bedroom and  1 x 3 bedroom dwellings with basement parking, plus strata subdivision at 10-16A Bream Street, Coogee, subject to the following conditions:

 

Deferred Commencement Conditions

The consent shall not operate until the following amendments and details have been submitted to and approved by the Director of City Planning.

 

1.     Amended plans and elevations showing accurate dimensions and proportions for all architectural features of the proposal including the following:

 

·                          Provision of venting to the apartments and/or additional glass height in the north elevation and roof of Building 1 fronting Bream Street so as to utilise the height afforded by the proposed roof form to Bream Street as recommended by the Design Review Panel.

·                             Increase in the area of all bedrooms, through internal redesign of bathrooms/service areas within the proposed envelope of the building that is subject of the DA as lodged and to be approved, in accordance with the requirements of the Residential Flat Design Code as recommended by the Design Review Panel (there shall be no increase in the envelope of the proposed building that is subject of the DA as lodged and approved). 

·                             Rearrangement of the internal areas of Unit No. 12 to improve circulation as recommended by the Design Review Panel.

·                             Inclusion of furniture layouts to floor plans.

·                             Provision of privacy screen to balconies in Building 1 to enhance protection of privacy to No. 18 Bream Street.

·                             Increase the height of planter boxes in the central courtyard above the basement carpark podium to provide adequate soil depth to tree plantings of 8-10 m as recommended by the Design Review Panel.

·                             Inclusion of pergola design and pathway indicated on the landscape drawings into the architectural drawings as recommended by the Design Review Panel.

·                             Deletion of the bi-fold windows in all shop fronts to Bream Street in Building 1 and replace with appropriate enclosing glazed element/façade. 

·                             The proposed gutter and down-pipes in the proposal to be suitably treated/concealed to further improve the visual amenity of proposal as recommended by the Design Review Panel

·                             inclusion of sunshading and weather protection devices to windows and provision of details of window operation to optimise cross-ventilation and address security issues as recommended by the Design Review Panel.

 

2.       Details of the external colours, materials, textures and finishes of the proposal in the form of a comprehensive sample board linked and coded to a coloured elevation and/or street perspective.

 

Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of City Planning, development consent is granted under Section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

REFERENCED PLANS:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA03 to DA09, all dated June 2006, and stamped received by Council on 13 March 2007, and the application form, and on any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Details of bicycle storage as required in the Development Control Plan – Parking shall be submitted to and approved by Council prior to a Construction Certificate being issued for the development. 

 

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

 

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

 

5.       Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" 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.

 

6.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

7.       Development consent is required to be obtained in relation to the specific ‘use and operation’ of shop tenancies or occupancies, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

8.       Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)     for the provision or improvement of open space                  $13489.00

b)     for the provision or improvement of community facilities         $5967.00

c)     Administration fee                                                            $425.00

 

The contribution must be paid in cash or by bank cheque a construction certificate being issued

 

for the proposed development, together with payment of the required Section 94 Administration Fee of $425.00.  Council’s Section 94 Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick.

 

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

 

14.     The development is to be staged requiring two separate Construction Certificates to enable the satisfactory Remediation of the site whilst fulfilling the requirements of Section 81A of the Environmental Planning and Assessment Act, 1979.

 

The Stage one ( 1 ) Construction Certificate is to encompass;

 

·                     Excavation ( including remediation works required by the Remedial Action Plan )

·                     Piering, Piling and or Retaining of the excavation

·                     Structural support of existing structures

·                     Drainage

 

The Stage two ( 2 ) Construction Certificate is to encompass;

 

·                      The remainder of the development

 

15.     The following conditions must be satisfied prior to issuing a construction certificate for Stage One ( 1 ) of the development (or as otherwise stated below):

 

a)     A Remedial Action Plan must be prepared by an independent and appropriately qualified environmental consultant and a report must be submitted to and approved by Council’s Manager Health, Building and Regulatory Services (or delegated officer) prior to the issue of the Stage One ( 1 ) Construction Certificate.

 

The report must include details of any required remediation works, having regard to the development and works encompassed in this consent.

       

b)     The land must be remediated to a level that will satisfy the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be satisfied (as applicable):-

 

c)     A Remediation Action Plan (RAP) is required to be submitted to and approved by Council prior to the issue of the Stage One ( 1 ) Construction Certificate.