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

 

 

20th November, 2007

 

 

 

ORDINARY COUNCIL MEETING

 

 

NOTICE IS HEREBY GIVEN THAT AN ORDINARY COUNCIL MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 27TH NOVEMBER, 2007 AT 6:00 P.M.

 

1           Prayer & acknowledgement of local indigenous people

 

Prayer

“Almighty God,

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

Amen”

 

Acknowledgement of local indigenous people

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

 

2           Apologies/Granting of leave of absences

 

3           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE ORDINARY COUNCIL MEETING HELD ON TUESDAY, 30TH OCTOBER, 2007.

 

4           Declaration of Pecuniary & Non-Pecuniary Interests

 

5           Addressing of Council by Members of the Public

 

6           Mayoral Minutes

 

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

 

7           Urgent Business

 

8           Director City Planning Reports

 

8.1                      

DIRECTOR, CITY PLANNING REPORT 101/2007 –

10-16A BREAM STREET, COOGEE. (DEFERRED)

2

8.2                      

DIRECTOR, CITY PLANNING REPORT 102/2007 –

3 MILFORD STREET, RANDWICK.

103

8.3                      

DIRECTOR, CITY PLANNING REPORT 103/2007 –

413R CLOVELLY ROAD, CLOVELLY.

141

8.4                      

DIRECTOR, CITY PLANNING REPORT 104/2007 –

438-448 ANZAC PARADE, KINGSFORD.

173

8.5                      

DIRECTOR, CITY PLANNING REPORT 105/2007 - RANDWICK CITY RECREATION NEEDS STUDY – CONSIDERATION OF DRAFT STUDY.

272

8.6                      

DIRECTOR, CITY PLANNING REPORT 106/2007 - PROPOSED COOGEE LICENSED PREMISES SOCIAL IMPACT ASSESSMENT UPDATE.

279

 

9           General Manager's Reports

 

9.1                      

GENERAL MANAGER'S REPORT 46/2007 - SEPTEMBER 2007 QUARTERLY REVIEW - MANAGEMENT PLAN 2007-11.

282

9.2                      

GENERAL MANAGER'S REPORT 47/2007 - AFFIXING OF THE COUNCIL SEAL.

284

9.3                      

GENERAL MANAGER'S REPORT 48/2007 - CONTOLS FOR THE CONSUMPTION OF ALCOHOL AT JACK VANNY MEMORIAL PARK, ARTHUR BYRNE RESERVE AND MAROUBRA BEACH.

286

9.4

GENERAL MANAGER’S REPORT 50/2007 – HEFFRON PARK LANDSCAPE CONCEPT PLAN – FUNDING OPTIONS.

291

 

10         Director City Services' Reports

 

10.1                      

DIRECTOR, CITY SERVICES' REPORT 81/2007 - STATE GOVERNMENT FUNDING OF PUBLIC LIBRARIES.

303

10.2                      

DIRECTOR, CITY SERVICES' REPORT 82/2007 - FIBRO FRAGMENTS (ASBESTOS ISSUE).

307

10.3                      

DIRECTOR, CITY SERVICES' REPORT 83/2007 - RENAMING OF SAMUEL TERRY AVENUE.

311

10.4                      

DIRECTOR, CITY SERVICES' REPORT 84/2007 - FUTURE OPTIONS FOR THE RECYCLING FACILITY.

314

 

11         Director Governance & Financial Services' Reports

 

11.1                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 72/2007   - EARLY CLOSING - CHRISTMAS/NEW YEAR 2007.

318

11.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 73/2007 - ARRANGEMENTS DURING CHRISTMAS/NEW YEAR PERIOD FOR DECISION MAKING & SCHEDULE OF MEETINGS FOR 2008.

320

11.3                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 74/2007 -  2007/08 - BUDGET REVIEW AS AT 30 SEPTEMBER 2007.

326

11.4                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 75/2007 -   COUNCILLORS' EXPENSES & FACILITIES POLICY.

330

11.5                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 76/2007 -  ECONOMIC DEVELOPMENT STRATEGY.

352

11.6                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 77/2007 - ACCESS TO INFORMATION - POLICY, GUIDELINES & FREQUENTLY ASKED QUESTIONS.

356

11.7

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES' REPORT 78/2007 –

COMMUNICATION THROUGH SMS.

381

 

12         Petitions

 

13         Motions Pursuant to Notice

 

13.1                      

NOTICE OF RESCISSION MOTION BY COUNCILLORS NASH, SENG & TRACEY –ORDINARY COUNCIL MEETING 30TH OCTOBER, 2007 – ITEM 8.3 – DIRECTOR, CITY PLANNING REPORT 90/2007 - 6 GALE ROAD, MAROUBRA.

390

13.2                      

MOTION BY COUNCILLOR PROCOPIADIS – TRAFFIC CALMING DEVICES IN KENSINGTON ROAD, KENSINGTON.

390

 

14         Confidential Items (Closed Session)

 

14.1                      

CONFIDENTIAL GENERAL MANAGER'S REPORT 49/2007 - DIRECTORS EMPLOYMENT CONTRACTS AND REMUNERATION.

391

14.2                      

CONFIDENTIAL DIRECTOR, CITY SERVICES’ REPORT 85/2007 - RANDWICK CITY COUNCIL UPGRADE - TENDER NO. T13/07.

394

 

15         Notices of Rescission Motions

 

 

 

 

 

………………………………………

GENERAL MANAGER


 

Director, City Planning Report 101/2007

 

 

 

SUBJECT:

10-16A Bream Street, Coogee

 

 

DATE:

16 November, 2007

FILE NO:

DA/185/2007 & PROP039825 & 842

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Development Application No. 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 carparking, plus strata subdivision at 10-16A Bream Street, Coogee, was considered by the Health, Building and Planning Committee on 9 October 2007. At the meeting, Council resolved that:

 

“Council as the responsible authority defer its development consent for Development Application No DA/185/2007 at 10-16A Bream Street, Coogee until the next Ordinary Council meeting to allow residents to continue discussions with the applicant on several issues, including privacy and noise.”

 

ISSUES:

 

A mediation session was held on 14 November 2007 between residents and the applicant in which issues of concern raised by resident objectors to the proposed development were discussed. The Mediator advises in a letter to Council that these issues of concern (including overshadowing, traffic and carparking) were successfully mediated to the extent that resident objectors accepted explanations and assessment pertaining to the issues. The Mediator further advises that following the meeting the parties to the mediation session reached, and executed, an agreement in relation to three areas of concerns:

 

1.       that the privacy screens on the east elevation of the balcony to Unit 1 on the Ground Floor, and Unit 4 on Level 1, of Building 2 be installed with louvres/blades that are fixed at an angle that directs all views away from, and thus ensures privacy to the residential properties at No. 18 and No. 20 Bream Street.

 

Comment: A condition to address this concern will be applied should approval be granted to the application. 

 

2.       that the responsibility for any liability in the event of damage to adjoining properties as a result of the proposed development be identified.

 

Comment: A condition requiring the preparation of dilapidation report to ensure the structural adequacy and integrity of the proposed building and that of adjacent premises has been applied in the original report to Council. Accordingly, it is considered that no further action is required in relation this concern.

 

3.       that the Public Liability Insurance required to be held by the applicant be increased to $20 million.

 

Comment: A standard condition applied in the original report requiring the applicant/builder to hold Public Liability Insurance of $5 million will be amended to require a minimum liability of $20 million.

 

CONCLUSION:

 

Having regard to the above issues, the original set of conditions recommended in the original report to the Health, Building and Planning Committee on 9 October 2007 will be amended to provide for fix louvre privacy screens on the east elevation and an increase in public liability insurance to $20 million.

 

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:

 

·               the privacy screens on the east elevation of the balcony to Unit 1 on the Ground Floor, and Unit 4 on Level 1, of Building 2 be installed with louvres/blades that are fixed at an angle that directs all views away from, and thus ensures privacy to the residential properties at No. 18 and No. 20 Bream Street.

 

·               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.

 

I.       The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Climate Change (DECC), including;

 

·                     The Guidelines for Consultants Reporting on Contaminated Sites

·                     National Environment Protection (Assessment of Site Contamination) Measure (NEPM) Guidelines 2007. 

·                     NSW Planning Guidelines to SEPP 55 – Remediation of Land

 

II.      A written statement is to be provided to the Council from the Environmental Consultant, which confirms that the Remediation Action Plan satisfies the relevant legislative requirements and guidelines and that the land is able to be remediated to the required level and the land will be suitable for the intended development and use prior to the issue of the Stage One ( 1 ) Construction Certificate.

 

III.     Remediation works are required to be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, Guidelines made by the NSW Department of Environment and Climate Change (DECC) and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999, the Protection of the Environment Operations Act 1997 and conditions of development consent.

 

IV.   The requirements contained within any applicable Site Contamination Report, Remediation Action Plan, Site Management Plan or other strategy associated with the site contamination report and/or remediation strategy approved by Council, form part of this consent and must be complied with.

 

V.       Upon completion of remediation works, a Validation Report must be prepared by a suitably qualified Environmental Consultant and be submitted to and approved by Council prior to the issue of the Stage two ( 2 ) Construction Certificate. The validation report is required to confirm and provide details to demonstrate that the site is suitable for the proposed development and use and shall include:

 

·      Description and documentation of all works performed.

·      Results of validation testing and monitoring.

·      Validation results of any imported fill onto the site.

·      Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·      Confirmation and justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

16.     Any fill that is to be imported to the site is to be monitored, classified and documented by a suitably qualified Environmental Consultant. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

21.     The development shall be ventilated in accordance with the relevant requirements of Part F of the BCA and Australian Standard A1668 Parts 1 & 2. Details of compliance with these standards and the BCA are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of the relevant documentation is to be provided to Council.  In this regard, should mechanical ventilation be provided, the following is required:

 

A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate for Stage ( 2 ) being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

22.     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.

 

23.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

24.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

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

 

25.     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)       $5000.00       -        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:

 

26.     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. These works will 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 an asphalt roadway, (or other pavement as determined by Council), between Carrington Road and the eastern property boundary with one way cross fall to the south;

 

d)  Construction of concrete laybacks and vehicular crossings at the following locations:

 

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.

 

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

 

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

 

29.     Prior to the issuing of a Construction Certificate for the development site the applicant shall submit to Council for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures and site regrading, (including detailed levels,  and cross sections that make reference to both existing and proposed surface levels) for all works associated with the reconstruction of Dolphin Lane. The engineering details and specifications shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council and to the satisfaction of the Director Of City Services. The engineering details and specifications must be prepared by suitably qualified engineering consultants who must certify that the details and specifications meet best engineering practice and relevant standards. The applicant must liaise with Council’s Development Engineer Coordinator prior to preparation of the subject details/specification.

 

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

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works. All works within the road reserve shall be undertaken in such a manner as to minimize the impact on vehicular access to the rear of 8 Bream Street.

 

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.

 

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

 

32.     The driveway opening at the Dolphin Lane frontage must be must be 4.5 metres wide with a 1.5 metre by 1.5 metre splay on the western of the driveway. The driveway will reduce to 3.0 metres in width going into the development site. The applicant is advised to contact Council’s Development Engineer Coordinator to discuss this requirement prior to lodgement of the Construction Certificate Application. The Construction Certificate plans must demonstrate compliance with this requirement.

 

33.     The internal driveway must be a minimum of 3.0 metres wide (clear width) at all points along the driveway with a 1.5 metre by 1.5 metre splay on the western side of the driveway as referenced above.

 

34.     The vehicular access and carpark are to be in designed in strict accordance with the requirements of AS2890.1:2004 (including, but not limited to, the ramp grades, carpark layout and height clearances). The Construction Certificate plans must demonstrate compliance with this requirement. Particular attention must be given to the design gradients and transition sections along the proposed internal driveway given that a high point 300mm above the 1 in 100 year ARI flood level must be achieved/incorporated into the design.

 

35.     A Works Zone is to be provided in Bream Street for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

36.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development. The plan must also detail any proposed changes to the existing Bus Stop located in Bream Street and partially fronting the development site.

 

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

 

37.     The minimum clear distance from the existing footpath in Bream Street to the underside of any new / proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

38.     The minimum clear distance from the existing footpath in Bream Street to the underside of any new / proposed under awning sign shall be 2.60 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

39.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

40.     Upon completion of the construction of any new awning, certification of the structural adequacy of the awning must be provided to the Council.

 

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

 

41.     The Council’s Development Engineer has determined that, as a guide, the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall generally be:

 

·                     Bream Street frontage: Match the back of the existing footpath along the full site frontage.

 

·                     Dolphin Lane frontage: These levels may vary following design of the reconstructed laneway, however, as a guide the alignment level for the new driveway will be approximately 100mm above the edge of the existing laneway.

 

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

 

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

 

43.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $938.78 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

44.     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:

 

45.     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.

 

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.

 

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

 

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

 

49.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority

 

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

 

Protection from flooding

 

50.     The floor level of all habitable and 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 for this site or suitably protected from stormwater inundation up to the subject level. Based on the flood study by Pyramid Consulting Engineers dated February 2007 the calculated 1 in 100 year flood level is RL 16.69 metres A.H.D and therefore 300mm above this level is R.L. 16.99 metres A.H.D. The Construction Certificate Application must demonstrate compliance with this requirement.

 

51.     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 determined 1 in 100 year flood level (i.e. a high point of R.L 16.99 metres A.H.D) and in such a manner as to restrict stormwater inundation of the carpark area and surrounds. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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 (i.e. at or above R.L 16.99 metres A.H.D) or suitably protected from stormwater inundation up to the subject level.

 

52.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level, (i.e. at or above R.L 16.99 metres A.H.D) or suitably protected up to this level. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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

 

54.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

Internal and External Drainage works

 

55.     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.

 

56.     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:      (i) 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.

 

(ii) 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.

 

57.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve or park 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 road reserve or park shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

58.     A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, must be submitted to Council prior to the issuing of an occupation certificate, detailing the as constructed details for all works within Council’s road reserve (including detailed levels).

 

59.     All drainage details (for the external drainage works) shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards. The plans and specifications for all works on Council property shall be submitted to and approval by Council prior to the issuing of a construction certificate.

 

60.     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.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

61.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

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

62.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

63.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

64.     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

65.     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

 

66.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

67.     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 in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

68.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

69.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·                A sign adjacent to the pit stating:

 

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

 

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

 

73.     One covered car washing bay shall be provided for this development.

 

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

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

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

 

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

 

e)       A water tap shall be located adjacent to the car washing bay.

 

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

 

a)       The location of the detention basin with finished surface levels;

b)       Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

e)       The orifice size(s) (if applicable);

f)        Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Notes:-

 

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

 

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

 

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

 

77.     The residential waste storage area/s shall be sized to contain a total of 12 x 240 litre bins (6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins. The commercial waste storage area/s shall be sized to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins.

 

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

 

79.     The waste storage areas shall be clearly signposted.

 

80.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

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

 

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

 

81.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property (in conjunction with registration of the plan of strata subdivision) to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.    The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.    If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.    The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

86.     The landscaped areas shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.       The landscape plan shall show suitable screen planting along the southern site boundary to effectively screen the development site from the adjacent reserve and playground. The landscape plan shall also include specimens which will attain a size which will afford a reasonable degree of screening and privacy between this site and adjoining properties around the perimeter of the site, within those areas nominated as ‘deep soil’.

 

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

 

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

 

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

 

k.       Provision of an irrigation system to ensure the long term sustainability of plants in balcony planters .

 

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

 

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

 

88.     To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

90.     All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

91.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Tree Management

 

92.     Permission is granted for the removal of those trees located within the development site and falling within the area occupied by the approved works, (this includes all trees on the development site). The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

Tree Protection Measures

93.     In order to ensure the retention and health of the Persea americanna (Avocado Tree) tree located within 8 Bream Street and adjacent to the common boundary with the development site, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.       Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within the extent of the tree’s dripline.

 

c.       There is to be no pruning of the tree without the prior written consent of Council. Any approval for pruning shall be conditional upon the works being undertaken by a suitably qualified contractor.

 

d.       The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located within the development site around the extent of the dripline, (as a minimum).

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

e.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

f.        Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 1 metre of the extent of the dripline of the tree shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

g.       The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

h.       Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

i.        The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

94.     Conditional upon the applicant proposing works within the dripline of the Persea americanna (Avocado Tree) tree located within 8 Bream Street, and prior to the issuing of a Construction Certificate, the applicant must submit to the Certifying Authority and Council for approval, and have approved, a detailed Arborists Report (prepared by a consultant with a minimum qualification of Certificate 4 in Arboriculture) which includes site investigations such as root mapping and relevant recommendations to ensure the tree’s preservation during the course of the proposed works.

 

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

 

95.     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.

 

96.     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.

 

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

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.

 

98.     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.

 

99.     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.

 

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

 

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

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

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

 

101.    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.

 

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

 

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

 

103.    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.

 

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

 

105.    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.

 

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

 

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

 

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

 

107.    Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

108.    A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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

 

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

 

110.    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   all of the premises adjoining the subject site.

 

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 each of the abovestated premises, prior to the commencement of any works.

 

111.    The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public place) and details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

112.    A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                  Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

114.    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.

 

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

 

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

·       if necessary, underpin and support the building and excavation in an approved manner; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

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

 

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

 

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

117.    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.

 

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

 

119.    A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

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

 

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

 

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

 

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

 

122.    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.

 

123.    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.

 

124.    A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·                construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

127.    The owner of the subject land shall hold Public Liability Insurance, with a minimum liability of $20 million and a copy of the Insurance cover is to be provided to Council.

 

128.    Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

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

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

129.    A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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 hoardings, site fencing 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.

 

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

 

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

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

·       Placement of a waste skip or any other container or article in a public place.

 

The following conditions are applied to maintain reasonable levels of public health, amenity and safety:

 

131.    The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                     Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

132.    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.

 

133.    A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

134.    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.

 

135.    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.

 

136.    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.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

137.    Access and toilet facilities for people with a disability are to be provided, in accordance with Parts D3 & F2 of the Building Code of Australia and AS1428.1, which must be available at all times the building is occupied and details are to be included in the construction certificate.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C3                 -     Protection of openings

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

e)     Part E1                  -     Fire fighting equipment

f)      Part E2                  -     Smoke Hazard Management

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

h)     Part F1                  -     Damp and weatherproofing

i)      Part F4                  -     Light and ventilation

j)      Part F5                  -     Sound Transmission and Insulation

k)     Section J               -     Energy efficiency

 

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

 

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

 

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

 

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

 

4.       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:

 

Development Application Report dated 2 October, 2007.

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

COORDINATOR MAJOR ASSESSMENT

 

 


 

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:

 

 

 

 

 

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.

 

I.                   The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Climate Change (DECC), including;

 

·        The Guidelines for Consultants Reporting on Contaminated Sites

·        National Environment Protection (Assessment of Site Contamination) Measure (NEPM) Guidelines 2007. 

·        NSW Planning Guidelines to SEPP 55 – Remediation of Land

 

II.      A written statement is to be provided to the Council from the Environmental Consultant, which confirms that the Remediation Action Plan satisfies the relevant legislative requirements and guidelines and that the land is able to be remediated to the required level and the land will be suitable for the intended development and use prior to the issue of the Stage One ( 1 ) Construction Certificate.

 

III.     Remediation works are required to be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, Guidelines made by the NSW Department of Environment and Climate Change (DECC) and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999, the Protection of the Environment Operations Act 1997 and conditions of development consent.

 

IV.      The requirements contained within any applicable Site Contamination Report, Remediation Action Plan, Site Management Plan or other strategy associated with the site contamination report and/or remediation strategy approved by Council, form part of this consent and must be complied with.

 

V.       Upon completion of remediation works, a Validation Report must be prepared by a suitably qualified Environmental Consultant and be submitted to and approved by Council prior to the issue of the Stage two ( 2 ) Construction Certificate. The validation report is required to confirm and provide details to demonstrate that the site is suitable for the proposed development and use and shall include:

 

·   Description and documentation of all works performed.

·   Results of validation testing and monitoring.

·   Validation results of any imported fill onto the site.

·   Demonstrate how all agreed clean-up criteria and relevant regulations have been satisfied.

·   Confirmation and justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants.

 

16.     Any fill that is to be imported to the site is to be monitored, classified and documented by a suitably qualified Environmental Consultant. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

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

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

21.     The development shall be ventilated in accordance with the relevant requirements of Part F of the BCA and Australian Standard A1668 Parts 1 & 2. Details of compliance with these standards and the BCA are to be submitted to and approved by the Certifying Authority with the construction certificate and a copy of the relevant documentation is to be provided to Council.  In this regard, should mechanical ventilation be provided, the following is required:

 

A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate for Stage ( 2 ) being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

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

 

22.     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.

 

23.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

24.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

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

 

25.     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)       $5000.00       -        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:

 

26.     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. These works will 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 an asphalt roadway, (or other pavement as determined by Council), between Carrington Road and the eastern property boundary with one way cross fall to the south;

 

d)  Construction of concrete laybacks and vehicular crossings at the following locations:

 

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.

 

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

 

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

 

29.     Prior to the issuing of a Construction Certificate for the development site the applicant shall submit to Council for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures and site regrading, (including detailed levels,  and cross sections that make reference to both existing and proposed surface levels) for all works associated with the reconstruction of Dolphin Lane. The engineering details and specifications shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council and to the satisfaction of the Director Of City Services. The engineering details and specifications must be prepared by suitably qualified engineering consultants who must certify that the details and specifications meet best engineering practice and relevant standards. The applicant must liaise with Council’s Development Engineer Coordinator prior to preparation of the subject details/specification.

 

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

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works. All works within the road reserve shall be undertaken in such a manner as to minimize the impact on vehicular access to the rear of 8 Bream Street.

 

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.

 

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

 

32.     The driveway opening at the Dolphin Lane frontage must be must be 4.5 metres wide with a 1.5 metre by 1.5 metre splay on the western of the driveway. The driveway will reduce to 3.0 metres in width going into the development site. The applicant is advised to contact Council’s Development Engineer Coordinator to discuss this requirement prior to lodgement of the Construction Certificate Application. The Construction Certificate plans must demonstrate compliance with this requirement.

 

33.     The internal driveway must be a minimum of 3.0 metres wide (clear width) at all points along the driveway with a 1.5 metre by 1.5 metre splay on the western side of the driveway as referenced above.

 

34.     The vehicular access and carpark are to be in designed in strict accordance with the requirements of AS2890.1:2004 (including, but not limited to, the ramp grades, carpark layout and height clearances). The Construction Certificate plans must demonstrate compliance with this requirement. Particular attention must be given to the design gradients and transition sections along the proposed internal driveway given that a high point 300mm above the 1 in 100 year ARI flood level must be achieved/incorporated into the design.

 

35.     A Works Zone is to be provided in Bream Street for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

36.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development. The plan must also detail any proposed changes to the existing Bus Stop located in Bream Street and partially fronting the development site.

 

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

 

37.     The minimum clear distance from the existing footpath in Bream Street to the underside of any new / proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

38.     The minimum clear distance from the existing footpath in Bream Street to the underside of any new / proposed under awning sign shall be 2.60 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

39.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

40.     Upon completion of the construction of any new awning, certification of the structural adequacy of the awning must be provided to the Council.

 

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

 

41.     The Council’s Development Engineer has determined that, as a guide, the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall generally be:

 

·          Bream Street frontage: Match the back of the existing footpath along the full site frontage.

 

·          Dolphin Lane frontage: These levels may vary following design of the reconstructed laneway, however, as a guide the alignment level for the new driveway will be approximately 100mm above the edge of the existing laneway.

 

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

 

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

 

43.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $938.78 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

44.     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:

 

45.     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.

 

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.

 

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

 

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

 

49.     The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority

 

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

 

Protection from flooding

 

50.     The floor level of all habitable and 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 for this site or suitably protected from stormwater inundation up to the subject level. Based on the flood study by Pyramid Consulting Engineers dated February 2007 the calculated 1 in 100 year flood level is RL 16.69 metres A.H.D and therefore 300mm above this level is R.L. 16.99 metres A.H.D. The Construction Certificate Application must demonstrate compliance with this requirement.

 

51.     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 determined 1 in 100 year flood level (i.e. a high point of R.L 16.99 metres A.H.D) and in such a manner as to restrict stormwater inundation of the carpark area and surrounds. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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 (i.e. at or above R.L 16.99 metres A.H.D) or suitably protected from stormwater inundation up to the subject level.

 

52.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level, (i.e. at or above R.L 16.99 metres A.H.D) or suitably protected up to this level. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

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

 

54.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

 

 

Internal and External Drainage works

 

55.     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.

 

56.     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:      (i) 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.

 

(ii) 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.

 

57.     With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve or park 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 road reserve or park shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

58.     A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, must be submitted to Council prior to the issuing of an occupation certificate, detailing the as constructed details for all works within Council’s road reserve (including detailed levels).

 

59.     All drainage details (for the external drainage works) shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards. The plans and specifications for all works on Council property shall be submitted to and approval by Council prior to the issuing of a construction certificate.

 

60.     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.

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

61.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

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

 

62.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

63.     The detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

64.     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property.

 

65.     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

 

66.     Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

67.     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 in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

68.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

69.     A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·                A sign adjacent to the pit stating:

 

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

 

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

 

73.     One covered car washing bay shall be provided for this development.

 

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

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

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

 

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

 

e)       A water tap shall be located adjacent to the car washing bay.

 

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

 

a)       The location of the detention basin with finished surface levels;

b)       Finished site contours at 0.2 metre intervals;

c)       Volume of storage available in the detention areas;

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

e)       The orifice size(s) (if applicable);

f)        Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Notes:-

 

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

 

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

 

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

 

77.     The residential waste storage area/s shall be sized to contain a total of 12 x 240 litre bins (6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins. The commercial waste storage area/s shall be sized to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins.

 

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

 

79.     The waste storage areas shall be clearly signposted.

 

80.     Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

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

 

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

 

81.     A "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property (in conjunction with registration of the plan of strata subdivision) to ensure that the onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

 

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.  If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.  The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

86.     The landscaped areas shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g.       The landscape plan shall show suitable screen planting along the southern site boundary to effectively screen the development site from the adjacent reserve and playground. The landscape plan shall also include specimens which will attain a size which will afford a reasonable degree of screening and privacy between this site and adjoining properties around the perimeter of the site, within those areas nominated as ‘deep soil’.

 

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

 

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

 

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

 

k.       Provision of an irrigation system to ensure the long term sustainability of plants in balcony planters.

 

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

 

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

 

88.     To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

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

 

90.     All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

91.     Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

Tree Management

 

92.     Permission is granted for the removal of those trees located within the development site and falling within the area occupied by the approved works, (this includes all trees on the development site). The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

Tree Protection Measures

93.     In order to ensure the retention and health of the Persea americanna (Avocado Tree) tree located within 8 Bream Street and adjacent to the common boundary with the development site, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of the existing tree specimen with the position of the tree trunk and full diameter of the tree canopy clearly shown on all drawings.

 

b.       Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show no alteration in the existing soil levels or the location of any structures, services, footings, paving, detention tanks, stormwater infiltration systems, pipes, cutting or battering of the existing soil profile, or any excavations within the extent of the tree’s dripline.

 

c.       There is to be no pruning of the tree without the prior written consent of Council. Any approval for pruning shall be conditional upon the works being undertaken by a suitably qualified contractor.

 

d.       The tree is to be physically protected by the installation of protective fencing around the tree using 1.8 metre high steel mesh/chainwire fencing. This fencing shall be located within the development site around the extent of the dripline, (as a minimum).

 

This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed.

 

e.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of in the area, no stockpiling of soil or rubble, or any works listed in Point b.

 

Any works required within this zone (only as approved on the construction certificate) shall be under the direction of, and to the satisfaction of, a suitably qualified Arborist.

 

f.        Any excavations required for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 1 metre of the extent of the dripline of the tree shall be undertaken by hand and under the direction of, and to the satisfaction of, a suitably qualified Arborist with all roots being cleanly cut.

 

g.       The installation of woodchip mulch to a depth of 75mm within the fenced off protection area as described in Point c.

 

h.       Watering of the tree (within the fenced off area) three times a week for the duration of the period of the refundable deposit described in Point i.

 

i.        The erection of signage on the fence with the following words clearly displayed: “TREE PROTECTION ZONE", "DO NOT ENTER".

 

94.     Conditional upon the applicant proposing works within the dripline of the Persea americanna (Avocado Tree) tree located within 8 Bream Street, and prior to the issuing of a Construction Certificate, the applicant must submit to the Certifying Authority and Council for approval, and have approved, a detailed Arborists Report (prepared by a consultant with a minimum qualification of Certificate 4 in Arboriculture) which includes site investigations such as root mapping and relevant recommendations to ensure the tree’s preservation during the course of the proposed works.

 

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

 

95.     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.

 

96.     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.

 

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

 

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.

 

98.     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.

 

99.     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.

 

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

 

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

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

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

 

101.    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.

 

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

 

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

 

103.    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.

 

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

 

105.    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.

 

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

 

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

 

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

 

107.    Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

108.    A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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

 

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

 

110.    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   all of the premises adjoining the subject site.

 

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 each of the abovestated premises, prior to the commencement of any works.

 

111.    The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public place) and details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

112.    A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                      Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

114.    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.

 

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

 

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

·       if necessary, underpin and support the building and excavation in an approved manner; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

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

 

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

 

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

 

117.    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.

 

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

 

119.    A report prepared by a suitably qualified and experienced consultant in acoustics/vibration shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works, certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

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

 

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

 

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

 

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

 

122.    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.

 

123.    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.

 

124.    A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction;

·    provisions for public safety;

·    dust control measures;

·    site access location and construction

·    details of methods of disposal of demolition materials;

·    protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/bulk bins;

·    details of proposed sediment and erosion control measures;

·    construction noise and vibration management;

·        construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

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

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

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

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

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

·    Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

128.    Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

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

 

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

 

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

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

129.    A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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 hoardings, site fencing 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.

 

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

 

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

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

·       Placement of a waste skip or any other container or article in a public place.

 

The following conditions are applied to maintain reasonable levels of public health, amenity and safety:

 

131.    The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

132.    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.

 

133.    A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 200 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

134.    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.

 

135.    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.

 

136.    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.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

137.    Access and toilet facilities for people with a disability are to be provided, in accordance with Parts D3 & F2 of the Building Code of Australia and AS1428.1, which must be available at all times the building is occupied and details are to be included in the construction certificate.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C3                 -     Protection of openings

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

e)     Part E1                  -     Fire fighting equipment

f)      Part E2                  -     Smoke Hazard Management

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

h)     Part F1                  -     Damp and weatherproofing

i)      Part F4                  -     Light and ventilation

j)      Part F5                  -     Sound Transmission and Insulation

k)     Section J               -     Energy efficiency

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

DAVID ONGKILI

DIRECTOR, CITY PLANNING

CO-ORDINATOR - MAJOR ASSESSMENTS

 



 

Director, City Planning Report 102/2007

 

 

 

SUBJECT:

3 Milford Street, Randwick

 

 

DATE:

14 November, 2007

FILE NO:

DA/603/2007 & PROP019421

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

Attached is a Development Assessment Report for conversion of existing attached dual occupancy dwelling to single dwelling including alterations and additions at No. 3 Milford Street, Randwick.

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Development Application Report dated 8 November 2007.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PHILIP NORTH

DIRECTOR, CITY PLANNING

SENIOR DEVELOPMENT ASSESSMENT OFFICER

 


 

Development Application Report

 

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

8 November 2007

FILE NO:

DA/603/2007 & PROP019421

 

PROPOSAL:

 Conversion of existing attached dual occupancy dwelling to single dwelling including alterations and additions.

PROPERTY:

 3 Milford Street, Randwick 

WARD:

 East Ward

APPLICANT:

 Ms A J Freeman

OWNER:

Ms A J Freeman

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to Council for determination at the request of Councillors Andrews, Matson and Seng.

 

The development application proposes the conversion of an existing two storey dual occupancy into a single dwelling as well as various alterations and additions including an additional storey, a larger rear deck and a double garage at the street frontage. The proposed development was notified to surrounding properties for two weeks from 8 August 2007 to 21 August 2007; thirteen objections were received. The main issues identified were privacy and view loss.

 

After a site inspection and meetings with a number of the objectors, several meetings took place with the applicant who resulted in the preparation of amended plans addressing the privacy issues and reducing the extent of view loss. These amended plans were lodged with Council on 20 September 2007.

 

The amended plans were renotified to the surrounding properties from 9 October 2007 to 22 October 2007. Nine further objections were received raising similar issues although some acknowledged that the privacy issues had been largely resolved.

 

The proposed development complies with the solar access preferred solutions of the DCP but is non-compliant in respect of FSR and external wall height. There are also minor non-compliances with the preferred first floor western side boundary setbacks and permeable landscaped area controls. 

 

Subject to minor design modifications (to be conditioned), the proposal is considered to be consistent with the performance requirements of the DCP. Privacy impacts have been satisfactorily addressed by the amended plans while view impacts are considered to be within reasonable limits. Bulk and scale impacts upon the streetscape are also considered to be consistent with DCP performance requirements.

 

The application is thus recommended for approval subject to conditions.

 

2.    THE PROPOSAL

 

This is an application to convert an existing attached dual occupancy into a single detached dwelling and to undertake alterations and additions which include the following:

·           A double garage built to the front boundary;

·           A new entry lobby;

·           Extensions to the rear;

·           Enclosure of the western side stair;

·           Internal alterations on level 2 including an additional stair from level 1 and WC to the south western corner, a new stair to a new third level and a large deck to the south eastern corner; and

·           A level 3 “attic/home office” protruding from the existing roof form.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the southern side of Milford Street between Avoca Street to the West and Judge Street to the east in Randwick and is presently occupied by an existing 2 storey attached dual occupancy.  The site has a frontage width of 12.19m, a side boundary depth of 32.95m and 43.262m and has an overall site area of 464.5m².  Neighbouring the property to the west is a 4 storey residential flat building, to the east are 3 single storey dwellings and to the rear is also a dwelling. The surrounding area is low density in character and consists predominantly of dwelling houses except for the Sacred Heart School and Church which occupies much of the southern side of the street.

 

Figure 1: Aerial photograph of the site.

 

4.    SITE HISTORY

Previous applications recently submitted for development on the site include:

Development No.

Description

Determination

SC/13/2007

Strata subdivision certificate.

Not yet endorsed

DA/83/2007

Strata Subdivision of existing dual occupancy

Approved 23 February 2007

DA/74/1993

Alterations & additions to create dual occupancy

Approved 15 June 1993

 

Following the lodgement of the current application, various discussions took place between the applicant’s architect, the assessing officer and the objectors which resulted in the lodgement of amended plans on 20 September 2007. These plans form the subject of this report.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

 

Dr & Dr Rianto, 1/5 Milford Street

Issue

Comment

View Loss

This unit experiences the greatest extent of view loss as a result of the proposed development. It would lose a significant portion of its district views from its living room but less so from its kitchen windows. A small extent of water view may also be obscured by the Level 2 roof which extends southwards; the L2 balcony privacy screen may also further obscure district views. 

Considered against the planning principle established in Tenacity v Waringah, the preservation of these views is considered less imperative given that they are entirely across a side boundary; in addition, the district views (which comprise those lost) are considered less valuable than the water views.

The loss of the latter, however, by ancillary building elements is not considered acceptable. To eliminate this, it is recommended that a condition be imposed upon any consent to largely remove the unnecessary roof overhang and to pull back the extension of the balcony by 1.4m such that the privacy screen is no longer required and no loss of water views occurs.

Privacy

The amended design has been considerably modified to address the privacy impacts of the original proposal by relocating the balconies from the south to the east. It is now considered to have minimal privacy impacts on all units in no. 5.

Excess size and height

The DCP does not prohibit 3 storey dwellings and only suggests a preferred overall height of 9.5m under which this proposal generally sits. While the FSR is in excess of the “preferred FSR” for the site, the impacts are considered within reasonable limits.

Explanation from Council sought if development approved

This report, which is publicly available, performs this role.

 

Figure 2: View from living room of Unit 1. The district view between the existing dwelling to the left and the small chimney to the right will be largely obscured. The water and district views to the right of the small chimney will be retained.

David Thebridge & Anthea Thomas, 2/5 Milford Street

Issue

Comment

View Loss

The proposal will have minor impact upon the district views of this unit. No water views are impacted. The extent of view loss is considered minor and acceptable.

Excess floor area

See discussion of FSR under Section 8.1 below.

Excess overall height

It is difficult to ascertain the exact ground level under the highest parts of the proposal not only because the original ground is covered by an existing structure but also because the land slopes irregularly and, at points, steeply. Nevertheless, the highest portion generally sits under the 9.5m suggested preferred height and would only exceed it slightly in some areas. As these are located away from the immediate neighbours and do not cause any view loss or overshadowing, they are considered acceptable.

Excess wall height on western elevation

The new gable ended wall element on the western elevation complies with the preferred wall height of 7m (the gable element is not included in the measurement in accordance with the definition of Wall Height in the DCP – Dwelling Houses and Attached Dual Occupancies.

Figure 3: View from the Balcony of Unit 2: The proposed development sits generally above the smaller section of the lower metal roof. It is far to the right of the outlook from this balcony and will have no impact upon the general district and water views. The attic addition would eliminate the view of the high rise building which can be seen beyond the existing roof line.

L. Mottram, 3/5 Milford Street

Issue

Comment

Bulk of west elevation

See comments directly above.

Loss of views

The proposal would have no impact upon water views from this unit or the primary district views.

Excess FSR

See discussion of FSR under Section 8.1 below.

Height of additional storey

See discussion above.

Material of privacy screen not stated.

Conditions will be applied to the consent requiring design changes which will render the privacy screen unnecessary.

Figure 4: View from the Balcony of Unit 3: The additions which sit above the lower metal roof of existing dwelling will have no impact on the water or district views from this unit.

A. Manshor & N. Lim, 4/5 Milford Street

Issue

Comment

Bulk and scale

There would be minimal bulk and scale impacts upon this unit due to the generous separation between the proposal and unit 4.

Loss of views

The proposal would have no impact upon either water or district views from this unit as it is not located within the view corridor from this unit.

Loss of privacy.

This unit is located around 25 metres away from the nearest deck of the proposal which directs its view well away from this unit. Between both of these there is also some vegetation. Any impact is thus considered negligible and acceptable.

Privacy (glazing to the south)

The glazing to the south consists of louvered windows at the top landing of the stair on “level 1” and the end of the desk area in the attic. These replace one large, clear glazed upper level bedroom window facing directly towards this unit and may result in marginally better privacy outcomes overall. In addition, they are located more than 9 metres or 45degrees from this objector’s property and are considered not to result in unreasonable privacy impacts.

Figure 5: View from Balcony of Unit 4: The proposal will have no impact upon the water or district views from this unit.

A. & I. Brownlow, 5/5 Milford Street

Issue

Comment

Privacy

Objector feels that privacy issues have been addressed by amendments.

Loss of views

The proposed attic would have minor impact upon some district views from this unit but the vast majority of these would be unaffected. There would be no impact from the level 1 addition on views from the living room; there would be very minor impact on district views from the balcony.  Overall, view impact is minor and acceptable.

Height – 3 stories.

The DCP contains no prohibition against 3 storey dwellings. See further discussion regarding height above.

Decrease in property value.

This is no clear evidence on which to make an assessment of this impact.

Excess FSR/bulk and scale.

See discussion of FSR under Section 8.1 below.

Figure 6: View from the Balcony of Unit 5: The proposed attic will obscure the views of the ridgeline between the lower hip and the far left of the photo while the level 1 addition will obscure the roof of the closest dwelling below as well as some of the vegetation forward of it. Generally, however, the district views of the valley and the water will be retained.

M. Budiman, 6/5 Milford Street

Issue

Comment

Excess FSR

See discussion of FSR under Section 8.1 below.

Non-compliant side setbacks

The non-compliance with the western side setback is minor and does not result in any adverse impacts on adjacent properties in terms of bulk and scale, view loss or privacy.

Excess external wall height of western gabled wall.

See discussion above.

Inadequate landscape area.

The proposal only minimally increases the overall building footprint and does not decrease the extent of permeable area.

Excess FSR/bulk and scale.

See discussion of FSR under Section 8.1 below.

Figure 7: View from the Balcony of Unit 6: The proposal will not be visible from the position of this photograph and will have no impact on the water or district views from this unit.

A. & J. McNamara, 28 Milford Street

Issue

Comment

Excess FSR

See discussion of FSR under Section 8.1 below.

Double garage on front boundary excessively bulky and unattractive.

The amended plans have minimised the overall size of the garage, reducing its height by 300mm and its width by 600mm. This is considered acceptable as there are other garages in the street on front boundaries including the adjacent property at 4 Judge Street and across the street at 30 Milford Street.

Attic excessively bulky.

The attic is generally within the height controls, sits only slightly higher than the main ridge, and is unlikely to be visible from this objector’s property.

Attic impinges on privacy of Judge Street properties.

The attic balustrade has been designed with a wide overhang to eliminate downwards sightlines and direct them upwards and outwards, thus eliminating privacy impacts.

Figure 8: View of the subject site from Milford Street. The attic would be barely visible from this viewing point. The proposed double garage, however, would dominate the streetscape and has been reduced to single width by way of condition of consent.

P. & M. Sai-Halasz, 8 Judge Street

Issue

Comment

Excessively high.

See discussion above.

Overshadowing.

The objector’s property is located to the west of the subject site and would only be overshadowed by the proposal in the late afternoon at which time it is already overshadowed. The extent of overshadowing is thus complaint with the DCP.

Privacy impacts.

The attic and main terrace balustrade has been designed with a wide overhang to eliminate downwards sightlines and direct them upwards and outwards, thus reducing privacy impacts. Despite this, an analysis of sight lines suggests that there is still some opportunity to see directly into the rear windows of number 8. Although the separation is some 14 metres (in excess of the DCP’s 9m preferred distance) it would be advisable to increase the width of the balustrade overhangs to ensure privacy is protected absolutely in this sensitive area. An appropriate condition will be applied to the consent.

Retaining walls along common boundary not strong enough to support additional structure.

Appropriate conditions of consent will be applied to ensure that necessary structural measures are implemented.

Problem of sand washing out from under retaining walls of existing building in heavy rain.

Structural work associated with any new building work has the potential to address this problem along with any existing weakness in the existing foundation material. Appropriate conditions will be applied to any consent.

M. & A. Bernhardt, 7/5 Milford Street (objection to original proposal)

Issue

Comment

View loss.

This unit will experience no loss of water views and no loss of its primary district views. A small part of its district views to the north will be slightly modified by the proposed attic.

Privacy impacts.

The redesign of the balconies has eliminated the previous unacceptable privacy impacts of the first proposal.

Excessive size

See discussion of FSR under Section 8.1 below.

Request deletion of third storey.

The third storey has no unreasonable impacts upon this particular unit.

Request deletion of all extensions to the rear.

The extensions to the rear have been redesigned and moderated and will have no adverse impacts upon this unit.

Request deletion of the balconies.

The redesign of the balconies has eliminated the visibility of the attic balcony and significantly reduced the impacts of the primary balcony which now faces east rather than south and has been reduced considerably in size.

P. Sandona, 8/5 Milford Street (objection to original proposal)

Issue

Comment

Height above maximum 8.5 height limit.

There is no 8.5m height limit under the applicable DCP. See other comments relating to height above.

Excess FSR.

See discussion of FSR under Section 8.1 below.

Excessive size

See discussion of FSR under Section 8.1 below.

Inappropriate modern design.

This site is not a heritage item or located in a heritage conservation area and, as such, contemporary design is permitted. In addition, the design retains the essential form of the existing dwelling towards the street and confines the most contemporary elements to the rear.

Loss of views to neighbours.

See discussions above.

Loss of sunlight.

Solar access to all units is in accordance with the DCP.

P. Lee & A. Leee, 9/5 Milford Street (objection to original proposal)

Issue

Comment

View impacts.

There is no 8.5m height limit under the applicable DCP. See other comments relating to height above.

Health hazards from more communication antennae that may be required.

Generally, these items would be classed as exempt development and outside Council’s control. If they are large enough, they would be required to go through Council’s normal assessment process. This is not considered a significant concern.

Loss of property value.

There is no clear evidence on which to make an assessment of this issue.

G. Nomchong, 13/5 Milford Street (objection to original proposal)

Issue

Comment

Loss of water and district views.

There will be no loss of water views as the garage is too low. The only other view obscure will be the roof of 4 Judge Street further downhill. The loss of view from this unit is considered minimal acceptable.

Excess FSR.

See discussion of FSR under Section 8.1 below.

Excessive size

See discussion of FSR under Section 8.1 below.

Loss of privacy.

The redesign has significantly reduced any adverse privacy impacts. There are no enlarged external balconies at the front of the building which impact on this unit.

Excess height due to attic.

See previous discussion.

Damage to access roads on other sites surrounding property.

Damage to adjoining property is addressed by appropriate conditions of consent.

Figure 9: The front of the subject site viewed from Unit 13: The roof of the new lobby will be at the same level as the existing juliette balcony while the roof of the garage will be about 1.9m lower. Although much of the nearest brown hipped roof will be obscured, the district views in the distance beyond will remain.

D. Mitchell, 12 Judge Street (objection to original proposal)

Issue

Comment

Excess FSR.

See discussion of FSR under Section 8.1 below.

Excessive size

See discussion of FSR under Section 8.1 below.

Loss of privacy.

The reorientation of the balconies towards the east has significantly reduced potential for privacy impacts upon this particular property which lies to the south/south-east.

O. Sandona, 14/5 Judge Street (objection to original proposal)

Issue

Comment

Loss of privacy.

The reorientation of the balconies towards the east has significantly reduced potential for privacy impacts upon this particular property which lies some distance to the south.

 

5.2 Support

 

No supporting submissions were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application was referred to Council’s landscape architect and development engineer who raised no objection to the development and recommended the application of standard conditions of consent should approval be granted.

 

7.    MASTER PLANNING REQUIREMENTS

 

No master planning instruments are applicable.

 

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).

 

(a)  Randwick Local Environmental Plan 1998

 

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

 

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.

 

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

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

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

          or

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

 

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

 

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

 

(c)  Section 94A Development Contributions

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the following monetary levy must be paid to Council.

Category

Cost

Applicable Levy

S94A Levy

Development Cost

More than $200,000

$400,000

1.0%

$4,000

 

8.1 Policy Controls

 

a.    Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Preferred Solution

Assessment

S1

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

48% 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 124sqm. 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 15 x 6 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.

17% of the site is permeable. Does not comply – see assessment below.

Landscaping

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

The preferred minimum permeable area is 20% of the site area. The proposed permeable area is 17% and does not comply. Notwithstanding this, the proposed area is considered acceptable for the following reasons:

·             The discrepancy is small;

·             There is minimal change from the existing extent of permeable area.

·             There will be no resultant loss of tree cover or major plants.

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.59:1 applies. 

The proposed FSR is 0.76:1. 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 bulk and scale of the proposal achieved compatibility with the locality as follows:

·                     The locality is dominated by a four storey residential flat building directly adjacent the subject site; the proposal presents a significantly smaller bulk and scale than this.

·                     The additional building mass is located to the rear of the site away from the street and has minimal visibility; the street presentation remains substantially one of a standard two storey detached dwelling.

·                     The attic is partially recessed into the existing roof form, thus minimising its bulk and scale impacts.

·                     The upper levels are stepped back from the lower levels, also helping to reduce their prominence from adjacent properties on Judge Street.

·                     The proposal minimises adverse impacts on neighbours as follows:

·                     View impacts are within acceptable limits (see discussion under the section, Foreshore Development below).

·                     The overshadowing is compliant with DCP controls (see discussion under the section, Solar Access and Energy Efficiency below).

·                     Overlooking impacts are acceptable (see discussion under the section, Visual and Acoustic Privacy below).

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 7 metres. Complies.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

No second storey portion less than 1.5m from a boundary is greater than 12m in length. 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 dwelling is set back 4.5 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 5 metres from the rear boundary. Complies.

S3

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

The proposed development is set back in excess of 0.9 metres from the side boundaries at ground floor level. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back a minimum of 1.15 metres from the side boundaries at second floor level. 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 conforms to the adjoining development or dominant streetscape.

The preferred second floor side setback is 1.5m whereas the application proposes a minimum side setback on the western side ranging between 1.15m and 1.32m. Despite the non-compliance, this is considered acceptable for the following reasons:

·           The length of the non-complying portions is small (ie 3.7m at the rear, 4.7m in the middle and 5.3m at the front);

·           The non-compliance itself is small;

·           The non-compliances do not result in view loss, overshadowing or any other adverse impacts on amenity;

·           The non-compliances are generally the result of constructional requirements to align new building elements with existing walls at these setbacks; compliant setbacks would not produce a noticeably different result or improve neighbour amenity.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. Complies.

S1

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

The first floor and attic decks, although overlooking the rear yard areas and rear windows of the adjoining properties in Judge Street, have been designed with horizontal screening devices which will eliminate downwards views within 9 metres and direct views upwards and outwards towards the ocean. Complies.

S1

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

The louvre windows to the western wall of the rear stairwell are within 9m of balconies and windows at no. 5 and do not have obscure glazing; nevertheless, their level is below the lowest of the adjacent units and they look down into the driveway and undercroft area of no. 5. Complies.

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 dimensions of the parking spaces comply with the minimum. 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 5.4 metres at the front boundary. Does not comply – see discussion below.

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 on the front boundary well forward of the building line. Does not comply – see assessment below.

S2

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

The proposed garage occupies about 49% of the width of the site frontage. Does not comply – see assessment below.

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

The preferred maximum driveway width is 3m whereas the application proposes 5.4m. This is considered acceptable under the circumstances given that existing site circumstances do not permit vehicular access down the side of the building and require that the necessary two parking spaces are located on or close to the front boundary.

The preferred proportion of parking structures occupying the width of the allotment is 35% whereas the application proposes that 49% of the property width is occupied by a garage built to the front boundary. This is similar, however, to the dominance of the garage and wall structure at 30 Milford Street (across the street) and is thus consistent with the existing streetscape character.

Fences

 

Preferred Solution

Assessment

S1