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

 

6th November, 2007

 

PLANNING COMMITTEE MEETING

 

NOTICE IS HEREBY GIVEN THAT A PLANNING COMMITTEE MEETING OF THE COUNCIL OF THE CITY OF RANDWICK WILL BE HELD IN THE COUNCIL CHAMBER, TOWN HALL, 90 AVOCA STREET, RANDWICK, ON TUESDAY, 13TH NOVEMBER, 2007 AT 6.30 P.M.

 

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

 

Quorum:                              Eight (8) members.

 

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

 

1           Apologies/Granting of leave of absences

 

2           Confirmation of the Minutes

 

CONFIRMATION OF THE MINUTES OF THE PLANNING COMMITTEE MEETING HELD ON TUESDAY, 9TH OCTOBER, 2007.

 

3           Declaration of Pecuniary & Non-Pecuniary Interests

 

4           Addressing of Committee by Members of the Public

 

5           Urgent Business

 

6           Development Applications

 

6.1                      

DIRECTOR, CITY PLANNING REPORT 100/2007 - 

51-53 ENDEAVOUR AVENUE, LA PEROUSE. (DEFERRED)

2

6.2                      

DEVELOPMENT APPLICATION REPORT –

1 COAST HOSPITAL ROAD, LITTLE BAY.

54

6.3                      

DEVELOPMENT APPLICATION REPORT –

23 HANNAN STREET, MAROUBRA.

87

6.4                      

DEVELOPMENT APPLICATION REPORT –

775 ANZAC PARADE, MAROUBRA.

93

6.5                      

DEVELOPMENT APPLICATION REPORT –

6 MOORAMIE AVENUE, KENSINGTON.

99

 


 

7           Miscellaneous

 

7.1                      

GENERAL MANAGER'S REPORT 45/2007 - MALABAR HEADLAND RENEWAL OF LICENCE TO SHOOTERS.

114

7.2                      

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES’ REPORT 71/2007 - DEVELOPMENT APPLICATIONS FOR OFF STREET RESIDENTIAL CARPARKING SPACES.

124

 

8           Confidential Items (Closed Session)

 

9           Notice of Rescission Motions

 

 

 

 

 

………………………………….

GENERAL MANAGER


  

 

 

Director, City Planning Report

100/2007

 

 

SUBJECT:

51-53 Endeavour Avenue, La Perouse

 

 

DATE:

24 October, 2007

FILE NO:

D0148/2006 & PROP026508

 

 

REPORT BY:            DIRECTOR, CITY PLANNING  

 

 

INTRODUCTION:

 

A report recommending approval of Development Application No. 418/2006 for alterations and additions to the existing mixed use building that primarily involve the addition of a two bedroom dwelling above the existing building was considered at the Health, Building and Planning Committee meeting on 14 August 2007 where it was resolved on the motion of Councillors Bastic and White that:

 

“the application be deferred for further mediation between the parties and be brought back for consideration at the 11 September 2007 Health, Building and Planning Committee meeting.”

 

ISSUES:

 

A mediation meeting was held on 19 September 2007 with the following parties attending the meeting:

 

1)       Mr & Mrs H Dermatis, owners of 51-53 Endeavour Avenue, La Perouse (Applicant)

2)       Mr David Anderson, resident of 28 Goorawahl Avenue, La Perouse (Objector)

3)       Mr & Mrs Hume, owners of 26 Goorawahl Avenue, La Perouse (Objector)

4)       Mr & Mrs Ratcliffe, owners of 28 Goorawahl Avenue, La Perouse (Objector).

 

The following comments are provided by the mediator:

 

“During the course of mediation session number of issues had been raised by the objectors from Nos. 26 and 28 Goorawahl Avenue, La Perouse. The main concern was the obstruction and loss of Botany Bay views by the proposed development. Other matters raised such as, does the car park comply to standard, clarification of true RL, the proposal remains above height limit. Amended plans have been provided by the applicant to relocate the extension to the north.”

 

A mediation agreement was signed by the parties in attendance, which includes further changes agreed by the applicant and further comments raised by the objectors. The details of the mediation agreement are as follows:

 

·                Concerns expressed in relation to existing proposed car park does it comply to standard.

·                Amended plans have been provided, with amendment to relocate to north by 1.47m and roof overhang by 600mm to south.

·                Further amendment being submitted as per amended plans.

·                Further amendment proposed as per draft sketch.

·                The exhaust stack to be relocated by 2-3 metres to the west.

·                It has been requested by the objectors present, that the applicant submit amended design with regards to principals (sic) of view sharing.

·                View sharing assessed from basses (sic) of pre-developed sight.

·                The proposal remains above height limit.

 

Following the mediation meeting, the amended plans were received by Council on 28 September 2007 which show the relocation of the upper level addition including the roof overhang to the northern side boundary by approximately 1,470mm, altering the design of the south-western section of the proposed dwelling and relocation of the mechanical riser shaft further west by 2,100mm. The gross floor area and building height of the amended proposal remains the same as the proposal previously considered at the Health, Planning and Building Committee meeting on 14 August 2007.

 

The surrounding neighbours were notified of the amended plans received by Council on 28 September 2007 and the following submissions were received:

 

1)        David Anderson, resident of 28 Goorawahl Avenue, La Perouse

 

The issues raised by the above resident is summarised as follows:

 

Issue

Comment

Non-compliance with the primary objectives of the Neighbourhood Business zone

As stated in the Development Application report dated 19 July 2007, the proposal is considered to be consistent with the objectives (c) and (d) of the Local Business Zone No. 3B in that the new residential accommodation is proposed in conjunction with the existing mixed residential/commercial development fronting Endeavour Avenue and will not interfere with the primary business function of the zone which is maintained by the existing restaurant/café at ground floor level. In addition, the proposal has been amended on numerous occasions including reducing the floor to ceiling height of the existing dwellings at first floor level and reducing the size of the proposed upper level addition to address the issues raised by the objectors and to minimise the potential impact on nearby residential zones.

It should be noted that the objector’s property is also zoned Local Business 3B.

Devastating impact on the views that we enjoy from our residence

As noted previously, the building height of the current proposal remains the same as the proposal previously considered at the Health, Building and Planning Committee meeting on 14 August 2007. Notwithstanding, it is considered that the current amendments to relocate the proposed upper level dwelling including the roof overhang towards the northern side boundary by approximately 1,470mm will increase the view corridor from the rear of the existing dwelling at 28 Goorawahl Avenue and is consistent with the signed mediation agreement.

Inhibiting our residential privacy

Due to the sloping nature of the land in the vicinity of the subject property, the majority of the dwelling houses on the western side of Goorawahl Avenue have direct outlook to adjacent private areas from their west facing windows and balconies. The existing dwellings at Nos. 26 and 28 Goorawahl Avenue not only have direct outlook to each others rear yard areas, these properties also have direct outlook to a substantial portion of the rear private area of the subject site. Despite the sloping nature of the site, the applicant has agreed to install obscured screens to the eastern and north-eastern edges of the upper level terrace area having a height of up to 1.8m to minimise the potential for overlooking the neighbour’s rear yard and to maintain reasonable levels of privacy for the occupants of the subject property.  

Providing an unsuitable built form for the location.

The proposed built form is considered to be compatible with the existing development within the adjoining and nearby Local Business 3B zone. In addition, the proposed development generally complies with the statutory standards applicable to the site (i.e. FSR) except for the maximum building height control. As discussed in the Development Application report dated 19 July 2007, the variation with the maximum building height standard is relatively minor (i.e. up to 500mm) and a fully compliant development would not introduce any substantial benefit to either the streetscape or the amenity of the neighbouring properties.    

Parking provisions as proposed are inoperable and do not meet standard minimum requirements.

As noted in the Development Application report dated 19 July 2007, the existing and proposed development would require a total of 5.6 car parking spaces, which is rounded up to the nearest whole number, being 6 car spaces. The number of spaces available in the existing car park (i.e. 7 spaces) is sufficient to meet the additional demand and complies with the requirements of the DCP for parking.

It should be also noted that the existing car park layout was approved in 1994 (i.e. DA/428/1994). The car park has been used since the building was constructed and no complaint has been received by Council regarding the functionality of the existing car park.  

 

2)        Dr J. & Mrs I Ratcliffe, owners of 28 Goorawahl Avenue, La Perouse

 

The issues raised by the above owners are summarised as follows:

 

Issue

Comment

Despite the fact that the initial development has already taken from the neighbouring properties a significant portion of what the market accords a not- insignificant value, the proposed extension consumes an unacceptable amount of remaining view. Reliance is placed on regulatory latitude. The impact on neighbours, a consideration of which is a requirement of the process, is ignored, as is the whole effect of development. “Sharing” of the remaining view is proposed without any allowance for the view already shared/lost by the erection of stage two of the project.

The reasonableness of the amended proposal, in terms of view loss, has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council proceedings and the full assessment is provided in the Development Application report dated 19 July 2007. Further, it should be noted that the current amendments were made in accordance with the signed agreement reached at the mediation meeting and are considered to be supportable as the amendments would allow greater view corridor from the rear of 28 Goorawahl Avenue.

The height of “the proposal” exceeds that allowed under the relevant zoning.

The assessment of non-compliance with the building height standard is provided in the Development Application report dated 19 July 2007.

Non-compliance of the necessary car spaces to service the proposed addition.

As noted previously, the number of car spaces currently available in the car park is sufficient to accommodate the additional cars required by the proposed 2 bedroom dwelling.

A fire door which is an absolute necessity at the rear of the restaurant has never been provided by Mr Dematis, and egress from this also would impact on the use of the proposed car spaces. 

This issue is not related to the subject application as the proposal does not involve any works to the existing ground floor shops.

 

 

 

 

 

 

3)        Lesley Nash & Stephen Hume, acting on behalf of the owners of 26 Goorawahl Avenue, La Perouse

 

Issue

Comment

View Sharing – the views now enjoyed by my parents from their sunroom, verandah, living room and two bedrooms will be severely affected, and will be obliterated from their backyard and entertaining verandah.

As noted previously, the proposed upper level dwelling including the roof has been relocated towards the northern side boundary and the south-western corner of the proposed dwelling has also been redesigned to minimise the extent of view loss from the rear of the existing dwelling at 26 Goorawahl Avenue.

Height – The proposed development exceeds the height limit for the 3B zoning by at least 0.5m. The addition of a new lift, riser and skylights will exceed the heights limits beyond this height. 

The assessment of the non-compliance with the building height standard relating to the front section of the building including the height of the lift is provided in the Development Application report dated 19 July 2007.

The height of the proposed skylight is approximately 8.9m above the car park level, which complies with the maximum building height control. It is not considered that the proposed skylight will have any significant impact on views from neighbouring properties in that the skylight will be located on the centre of the proposed roof and is approximately 200mm above the roof level.

 

The revised location of the proposed mechanical rise does not comply with the maximum building height control, however, this location was agreed by all parties at the mediation meeting.

FSR – the ground level café is currently using approximately 25sq metres of allocated parking space for their coolroom and preparation area. Therefore the FSR does not comply.

The use of the car space as a cool room is without Council’s consent and is a matter currently being investigated by Council’s Regulatory Section. It should be noted that the proposal does not seek consent to use the car space as a cool room and therefore the inclusion of the existing unauthorised cool room in the gross floor area calculation would be unreasonable.

Privacy – A glassed terrace area and exterior staircase will look directly into my parent’s backyard and entertaining verandah, severely impacting on their property.

The finished level of the proposed terrace area is RL 12.684 which is only 6.4mm higher than the rear yard level of 26 Goorawahl Avenue (i.e. RL 12.62) and the existing colourbond fence along the rear boundary of 26 Goorawahl Avenue having an approximate height of 1.8m will be sufficient to maintain reasonable level of privacy between both properties. 

 

4)        Maurice & June Hume, owners of 26 Goorawahl Avenue, La Perouse

 

Issue

Comment

Height – Proposed building is at least 0.5m over height limit for the applicable 3B zoning. With a development that does not comply even a moderate impact may be considered unreasonable. We have been given only verbal details of the new proposed lift, skylights and mechanical riser- more detail needs to be provided. The basic lift detail on the plans shows the lift exceeding the apparent lowered height limit. The terrace height has supposedly been lowered to meet height limits but lift protrudes this. The riser and skylights show significant height exceedance.

As noted previously, the assessment of the non-compliance with the building height standard relating to the front section of the building including the height of the lift is provided in the Development Application report dated 19 July 2007.

The height of the proposed skylight is approximately 8.9m above the car park level, which complies with the maximum building height control. It is not considered that the proposed skylight will have any significant impact on views from neighbouring properties in that the skylight will be located on the centre of the proposed roof and is approximately 200mm above the roof level.

The revised location of the proposed mechanical risen does not comply with the maximum building height control, however, this location was agreed by all parties at the mediation meeting.

Privacy – the amended plans show the relocation of the addition further to the north of the site. We would now have a glassed terrace area and stairs looking directly into our backyard and entertaining verandah. This relocation is now impacting on our amenity to a greater extent. 

As noted previously, the finished level of the proposed terrace area is RL 12.684 which is only 0.064m or 64mm higher than the rear yard level of 26 Goorawahl Avenue (i.e. RL 12.62) and the existing colourbond fence along the rear boundary of 26 Goorawahl Avenue having an approximate height of 1.8m will be sufficient to maintain reasonable level of privacy between both properties.   

Views - As is, the views are now shared. When the vacant land at 51 Endeavour Ave was originally approved for a two storey building, view sharing was taken into account. As such, the two storey building was approved. With the proposed third level addition this is no longer the case.

The most significant loss of view from our property is the interface between the water and land. As you are aware, this beach view from the upper level of our home is our only view of the beach and will be totally lost with the proposed addition. The proposed addition will completely obliterate all existing views from our lower level entertaining balcony and backyard. The impact on our property will be severe.

The issue regarding potential view loss from the adjoining properties has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council proceedings and the full assessment is provided in the Development Application report dated 19 July 2007. Further, it should be noted that the current amendments were made in accordance with the signed agreement reached at the mediation meeting and are considered to be supportable as the amendments would minimise the extent of view loss from the rear of 26 Goorawahl Avenue.

Parking – the parking area within the building is at present used as a cool room and preparation area for the Paris Café. The applicant and owner of the Paris café claims he is taking legal action against the managers of the café to remove the cool room etc. The managers of the café believe that the owner has Council approval for them to use the parking area for the cool room and preparation area. These areas should therefore be included in the Floor Space Ratio making the proposed development over the allowed FSR.

 

The café managers already store their outdoor furniture (10 tables & 30 chairs) in an adjacent derelict building. The owners of this building have indicated they will be redeveloping in the very near future, therefore this furniture will have to be stored within café area.

 

Existing parking areas do not conform to Council requirements regarding length. If they were to comply, parking spaces would be lost to correct situation.

The use of the car space as a cool room is without Council’s approval and is a matter currently under investigation by Council’s Regulatory Section. Further, the subject proposal does not seek consent to use the car space as a cool room. In this regard, the inclusion of the cool room in the gross floor area calculation would be unreasonable.

 

The issue regarding the use of adjacent derelict building for storing tables and chairs by the café managers has no relevance to the subject proposal.  

 

As noted previously, the existing car park layout including the dimensions of car spaces was approved in 1994 (i.e. DA/428/1994). The car park has been used since the building was constructed and no complaint has been received by Council regarding the functionality of the existing car park. It would be unreasonable to request the existing car park to be reconfigured to meet the current standards.

Floor Space Ratio – Development is over FSR if café is permitted to continue using parking area as cool room and food preparation area (approx. 25 sq metres.)

As noted above, the use of the existing car space as a cool room is unauthorised and the matter is currently under investigation by Council’s Regulatory Section.

 

CONCLUSION:

 

The proposal is permissible in the 3B Local Business Zone with the consent of Council and is considered to be consistent with the relevant objectives of the zone. 

 

The current amendments are consistent with the mediation agreement and are considered to be supportable as the amendments will provide greater view corridor from the rear of the existing dwelling at 28 Goorawahl Avenue and also minimises the view loss from the rear of the existing dwelling at 26 Goorawahl Avenue.

 

For these reasons, the current proposal is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.     THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to building height for Development Application No. DA 418/2006 on the grounds that the proposed development complies with the objectives of clause and will not adversely affect the amenity of the surrounding locality, and that Department of Planning be advised accordingly.

 

AND

 

B.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 418/2006 to carry out alterations and additions to the existing mixed use building comprising an addition of third storey containing additional residential dwelling, addition of lift shaft, rear stairwell and reduction in ceiling heights of the existing dwellings on first floor level at 51-53 Endeavour Avenue, La Perouse, subject to the following conditions:

 

REFERENCED PLANS:  

 

1.       The development must be implemented substantially in accordance with the amended plans numbered DA00, DA01E to DA12E, dated 28 September 2007 and received by Council on 28 September 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Privacy screens having a minimum height of 1.8m are to be provided to the eastern and north-eastern edge of the proposed upper level terrace area and the screens shall be constructed of obscured glazing to maintain reasonable levels of privacy to the subject and adjoining properties. Details of compliance are to be provided in the construction certificate plans.

 

3.       The existing ground floor car park must incorporate the provision of one (1) car parking space for the new residential dwelling at the second floor level.

 

4.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

5.       The proposed car space No. 8 shall be deleted as it will restrict access to and egress from space Nos. 4 to 7 when the proposed car space is occupied. Details of compliance are to be provided in the construction certificate plans.

 

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

 

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

 

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

 

8.       A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

9.       All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

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

 

11.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

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

 

13.     Solar hot water heaters or other structures are not permitted to be installed on the roof of the building unless the prior written approval of Council’s Director of City Planning has been obtained beforehand.

 

14.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

15.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or subdivision certificate (whichever the sooner).

 

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

 

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

 

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

 

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

 

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

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

19.     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                  $1,792.88

b)     for the provision or improvement of community facilities          $792.72

c)     Administration fee                                                            $425.00

 

The contribution must be paid in cash or by bank cheque prior to 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 ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

Regulatory

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

28.     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.

 

Structural adequacy

 

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

 

30.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies the structural adequacy of the building.

 

Construction site management

 

31.     Demolition work and the removal, storage, handling and disposal of building 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.

 

32.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

·               A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

·               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.

 

·               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.

 

·               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.

 

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

 

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

 

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

 

34.     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.

 

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

 

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

 

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

 

a)       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.

b)       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.

c)       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.

d)       Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. Applications to place a waste container in a public place can be made to Council’s Building Services section.

e)       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. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

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

g)       Temporary fences or hoardings or the like 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.

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

i)        If it is proposed to locate any hoardings, site fencing 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.

j)        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.

k)       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.

 

38.     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, 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, container or other article.

 

Fire safety

 

39.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)       The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

(1)    Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

(2)    Provide emergency lighting system to the carpark, in accordance with clause E4.2 & E4.4 of the BCA,

 

(3)    Provide illuminated exit signs to the carpark , in accordance with clause E4.5 & E4.7 of the BCA,

 

(4)    Provide portable fire extinguisher/s within the carpark and shops , and adjacent to any internal electrical switchboard, in accordance with clause E1.6 of the BCA,

 

(5)    Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

(6)    Prior to commencing  the abovementioned 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.

 

40.     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

41.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

42.     Upon completion of the fire safety upgrading works and prior to the issuing of an occupation certificate, a single, complete, fire safety certificate is to be submitted to Council. A copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (i.e. entrance area) and a copy must be provided to the NSW Fire Brigades, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

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

 

43.     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).

 

44.     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:

 

45.     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).

 

46.     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.

 

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

 

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

 

48.     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.

 

ATTACHMENT/S:

 

Development Application report dated 19 July 2007

 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 

 

 


Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

 

DATE:

19 July, 2007

FILE NO:

DA/418/2006 & PROP026508

 

PROPOSAL:

Alterations and additions to the existing mixed use building comprising an addition of third storey containing an additional residential dwelling, addition of lift shaft, rear stairwell and reduction in ceiling heights of the existing dwellings on first floor level.

PROPERTY:

 51-53 Endeavour Avenue, La Perouse

WARD:

 South Ward

APPLICANT:

 Mr H Dermatis

OWNERS:

 Mr H Dermatis and Mrs P Dermatis

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application has been referred to the Health, Building and Planning Committee for determination at the request of Councillors Matson, Woodsmith and Notley-Smith.

 

The subject site is located on the eastern side of Endeavour Avenue and is presently occupied by an existing two storey building containing two shops at the ground floor level fronting Endeavour Avenue and two dwellings on the upper level. There is also a car park at ground level providing a total of seven parking spaces with access from Endeavour Avenue. Neighbouring the property to the north is a two storey dwelling, to the east and north east is two storey dwellings and to the south is land owned by Council. The surrounding area is predominantly residential in character however contains some restaurants and shops associated with the local business zone.

 

The application seeks consent for alterations and additions to the existing building primarily involving the addition of a two bedroom dwelling above the existing building. 

 

The proposed development was subject to a substantial number of objections mainly concerned with view loss, visual bulk & scale and the impact of the proposal on the streetscape. The proposal has been substantially amended by reducing the floor to ceiling height of the existing dwellings at first floor level and reducing the size of the proposed upper level addition to address the issues raised by the objectors including minimising the extent of view loss from the immediate adjoining properties at Nos. 26 and 28 Goorawahl Avenue.

 

The amended proposal exceeds the maximum 9m building height limit by up to 500mm towards the front section of the building where the land slopes down to the street.  A SEPP 1 objection has been submitted for the building height standard and it is considered to be well founded in the circumstances.  In particular the scale and height is compatible with the adjacent development in the 3B Zone and there are no significant amenity impacts to surrounding properties in terms of loss of privacy and overshadowing.

 

The main issue of the amended proposal relates to the partial view loss from the adjoining properties at Nos. 26 and 28 Goorawahl Avenue. The reasonableness of the amended proposal, in terms of view loss, has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council proceedings. The assessment of the proposal in accordance with the four step process established in the proceedings has demonstrated that the amended proposal is acceptable in terms of the concept of view sharing.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The application seeks consent for alterations and additions to the existing mixed use development that primarily involve the addition of a two bedroom dwelling above the existing building. The details of the proposed works are as follows:

 

Ground Level (Car park and Shops)

-     New sliding door to car park entrance off Endeavour Avenue

-     New mechanical lift and glazed door to existing pedestrian entrance

 

First Floor (Unit 1 and Unit 2 Residential Dwellings)

-     Demolition of the existing roof over the subject building.

-     Reduce the floor to ceiling height of Unit 1 and 2 from 3m to 2.5m by demolition of all external and internal walls by 500mm

-     Replacement of windows to Unit 1 and 2

-     Demolition of the western external wall to a bedroom at the north-western corner of Unit 1 to allow for lift access to top floor unit

-     New terrace area to lift with sliding doors for access in and out of Unit 1

-     Replacement of south facing windows to Unit 2 bedroom and living/dining room

-     Replacement of windows and doors to northern side of Unit 1 and 2

-     New external stair case in north-east corner of the site to the top floor unit

-     New riser extension through proposed floor for existing mechanical ventilation

 

Second Floor (Unit 3 – Proposed Residential Dwelling)

-     New residential dwelling comprising of two bedrooms, a kitchen, lounge room, an ensuite and bathroom. The proposal also includes a terrace along the southern side of the site, a balcony along the northern side of the site, a seating lounge and a spa to the western edge of the terrace area and a BBQ are adjacent to the lift

-     110mm high brick enclosure to riser for new mechanical ventilation exhaust, located adjacent to southern boundary

-     Mobile planter boxes along the eastern edge of the terrace area

 

It should be noted that the proposal has been amended a number of times throughout the course of the assessment of the application. The proposed changes above indicate the proposal as per the plans received by Council on 19 June 2007 and 26 July 2007.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Endeavour Avenue and is presently occupied by an existing two storey building. The site has a frontage width of 23m, a southern boundary depth of 15.2m, a northern boundary depth of 20.3m, an eastern side boundary depth of 23.8m and an overall site area of 407.5sqm.  Neighbouring the property to the north is a two storey dwelling, to the east and north east is two storey dwellings and to the south is a land reserve owned by Council and known as Lithuratiure Lane. The surrounding area is residential in character however contains some restaurants and shops associated with the coastal location of the area. The subject site contains two retail units on the ground floor and two residential dwellings on the first floor.

 

Figure 1 is an aerial view of the subject site and surrounding area. Figure 2 is the subject site from Endeavour Avenue.

 

Figure 1: The subject site and surrounding area.

Figure 2: The subject site from Endeavour Avenue.

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

The development application was lodged on 6 June 2006 and notified to the surrounding properties from 21 June to 5 July 2006. Fourteen objections were received during the notification period and raised a broad range of concerns from view loss, visual bulk and scale, the impact of the proposal on the streetscape.

 

Amended plans were received by Council on 9 August 2006 and reduced the floor space of the proposal as well as reducing the height from RL 17.679 to RL 16.2. The amended plans were notified to the surrounding residents from 15 August to 29 August 2006. Three objections were received during this notification period, with the main concerns relating to the minimal improvement of the proposal in relation to the decrease of the building height. All objectors reiterated their original concerns.

 

A mediation session was organised for 20 September 2006 at Council’s administration building. The mediation session was attended by a number of residents from Goorawahl Avenue however no resolution to the outstanding issues was achieved.

 

Amended plans were received by Council on 23 November 2006 that reduced the height of the proposal by 1.05m and made changes to the configuration of the proposed development. The surrounding neighbours were notified of the amended plans from 30 November to 14 December 2006. Twenty objections were received during the notification period and again reiterated the general concerns of the development. The amended plans were found to be inaccurate as the RLs of the existing building were shown incorrectly.  

 

The amended plans showing the actual RLs of the existing building and proposed upper level additions and the reduction in size and height of a section of the roof over the new terrace area were submitted to Council on 19 June 2007. The neighbours were renotified of the amended proposal and two objections were received reiterating the issues in previous submissions. Further amendments were made to reduce the gross floor area of the proposed upper level additions to achieve full compliance with the maximum FSR allowed for the site. 

 

b.    HISTORY OF SITE USAGE

Previous applications submitted for development on the site includes:

Application No.

Description

Determination

BA/1529/1988

A new car park to restaurant

Refused on 14 December 1988

DA/113/1992

Erection of mixed residential/                commercial development

Approved on 5 May 1992

BA/581/1992

New three storey residential/commercial development comprising three shops and three apartments

Approved on 4 March 1993

DA/428/1994

Construct 2 shops & associated  residences

Approved on 4 November 1994

BA/9/1995

Two shops & two units with car parking (2 storey)

Approved on 3 March 1995

BA/9/1995/Z

2 shops & 2 units with car park

Approved on 3 March 1995

DA/387/1996

Change of use - cafe, takeaway with seating for (16) sixteen persons

Approved on 1 October 1996

BA/804/1996

Fit out of existing shop

Approved on 16 October 1996

DA/160/1997

To erect a footway restaurant and associated awnings

Approved on 5 August 1997

DA/160/1997/A

Section 96(2) - Increase the outdoor seating and tables to ten tables and 30 chairs (presently 5 tables and 30 chairs). Original consent - To erect a footway restaurant and associated awnings.

Approved on 8 March 2005

 

5.    COMMUNITY CONSULTATION:

 

5.1      Original Proposal

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

Maurice J. Hume – 26 Goorawahl Avenue, La Perouse

Issue

Comment

The proposed development will have an adverse impact to views obtained from the rear (western) boundary from both sitting and standing positions from the lounge and living rooms, balcony, bedrooms and the objector’s backyard.

The applicant has agreed to reduce the ceiling height of the existing dwellings at the first floor level to minimise impact from the objectors’ properties. A full assessment of the potential view loss from the immediate adjoining dwellings is provided in Section 8.6 of this report.

The extent of the view loss would be “severe” leading to “devastating” as per the Tenacity v Warringah planning principle.

An assessment of the reasonableness of the amended proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 8.6 of this report.

The SEPP 1 objection provided with the application is “unreliable” and “not well-founded”.

The SEPP 1 objection is considered to be well-founded as the variation with the maximum building height only relates to the front section of the proposed upper level addition due to the sloping nature of the site. It is not considered that a fully compliant development would result in substantial difference in impact as the variation to the building height control is only up to 500mm towards the front of the building. 

Brett Neilson & Elisabetta Magnani – 27 Goorawahl Avenue, La Perouse

B. Larrsen – 29 Dawes Street, Little Bay

C. Spicer – 32 Reservoir Street, Little Bay

G. Dalton – 27 Dawes Street, Little Bay

Richard Isles – 74 Dwyer Avenue, Little Bay

John Kirk – 70 Dwyer Avenue, Little Bay

Stephen Fisher – 28 Goorawahl Avenue, La Perouse

 

Issue

Comment

The proposal will have an “excessive bulk” in the “local context”.

The amended proposal has a FSR of 1:1 which complies with the maximum FSR allowed.

The proposal will have “negative design impact on the streetscape and “iconic La Perouse beachfront”.

The proposal has been revised and will be compatible with the existing development in the locality in terms of building design, bulk and scale.

Objects to the “devastating view loss impact on neighbouring residences”.

An assessment of the reasonableness of the amended proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 8.6 of this report.

The proposal has an “excessive floor space” and is substantially above what is permissible for the site.

As noted previously, the amended proposal has a FSR of 1:1 which complies with Clause 32 of the LEP.

The proposal will set an undesirable precedent of “over-development” in the area.

The amended proposal complies with the maximum FSR allowed for the site and does not represent an overdevelopment in the area.

“The proposal does not comply with the objectives of the neighbourhood business zone”.

The proposal is considered to be consistent with the relevant objectives of the Local Business zone in that a new residential accommodation is proposed in conjunction with the existing mixed residential/commercial development fronting Endeavour Avenue and will not interfere with the primary business function of the zone.

 

Staffan Kjelleberg and Patricia Conway – 22 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal will adversely impact iconic views of Botany Bay, Birdie’s Boatshed, La Perouse Museum and La Perouse Monument.

As noted above, an assessment of the view loss issue using the planning principle established by the Land and Environment Court is provided in Section 8.6 of this report.

The SEPP 1 assertion that the development will have no adverse impact is false as no view loss assessment has been undertaken.

The applicant has submitted a view loss assessment demonstrating the amended proposal will have minimal impact on neighbour’s views.

The claim that the proposal is consistent with other approvals for the site is false as no documentation of previous approvals has been found.

Council has previously approved a Building Application (BA/581/1992) for a new three storey mixed use development on the subject site. The proposed development appears to be similar to the approved development in terms of height, bulk and scale.

 

Charles Abela for the La Perouse Precinct Committee

 

Issue

Comment

The FSR of 1.14:1 is excessive and results in adverse impacts to views of adjacent dwellings.

The amended proposal has a FSR of 1:1 which complies with the requirement under LEP.

A portion of the car parking space should contribute towards the gross floor area as it is being used for uses other than parking vehicles.

This is a matter currently under investigation by Council’s Building Regulatory section.

The building is located in a scenic protection area and is a sensitive location.

The subject site is not located within the Foreshore Scenic Protection Area.

The sky light to the roof of the structure is excessive and the addition of balustrades indicates potential future use of the roof area as a separate development.

This issue has been addressed by the amendments made to the proposal.

It has not been demonstrated that the car park use will be appropriately monitored to restrict use for restaurant purposes.

This issue is not relevant as the proposal does not involve any works to the existing restaurant at ground floor level. It should be noted that the existing parking spaces provided in the car park will be sufficient to accommodate an additional parking demand generated by the proposal. 

 

David Anderson – resident at 28 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal is inconsistent with the business zone objectives, primarily due to the development being mainly residential.

The proposed new residential accommodation is in conjunction with the existing mixed residential/commercial development fronting Endeavour Avenue and does not interfere with the primary business function of the zone.

The proposal is “completely out of character with surrounding development”.

The amended proposal will have the bulk and scale similar to other mixed use development recently approved in the immediate vicinity.

The proposal will have an adverse impact to views enjoyed by the objector.

An assessment of the reasonableness of the amended proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 8.6 of this report.

The claims made in the SEPP 1 objection to floor space ratio are “false” as views are significantly impacted by the development.

SEPP 1 objection is not required as the amended proposal complies with the FSR standard.

The proposal includes habitable rooms within 3.5m of the objector’s balcony and 7m from the objector’s bedrooms. Privacy impacts have not been addressed by the applicant.

The amended proposal is unlikely to create any privacy concern as the RL of the proposed upper level addition is below the RL of the balcony at the rear of 28 Goorawahl Avenue.

 

George Wigan – 24 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal has unreasonable bulk and scale that will adversely impact upon views to the Aboriginal Museum, The Convict Gaol and Birdie Boatshed.

The amended proposal complies with the FSR control. The bulk and scale of the amended proposal will be compatible with other mixed use development in the immediate vicinity.

 

Resident Watch – C/- P.O. Box 457, Matraville

Issue

Comment

The proposal will result in an overdevelopment of the site.

The FSR of the proposal has been reduced and is now fully complies with the LEP control.

John Ratcliffe – 14 Bellbird Close, Cooranbong. Owner of 28 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal has unreasonable bulk and scale that will adversely impact upon views to the Aboriginal Museum, The Convict Gaol and Birdie Boatshed.

The amended proposal complies with the FSR control. The bulk and scale of the amended proposal will be compatible with other mixed use development in the immediate vicinity.

The building heights are inaccurate and do not use a standard height datum.

The height of the proposed development has been revised and verified by the registered surveyor.

 

5.2      Amended Plans Received 9 August 2006

Amended plans were received by Council on 9 August 2006 and reduced the floor space of the proposal as well as reducing the height from RL 17.679 to RL 16.2. The amended plans were notified to the surrounding residents from 15 August to 29 August 2006.

 

The following submissions were received during this notification period.

 

Irene Ratcliffe, owner of 28 Goorawahl Avenue, La Perouse (also on behalf of John Ratcliffe, the other owner of 28 Goorawahl Avenue, La Perouse)

Issue

Comment

The proposal would “completely block any westerly scenic views from the kitchen and living areas” of the objector’s dwelling.

An assessment of the reasonableness of the amended proposal, in terms of view loss, using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council is provided in Section 8.6 of this report.

The height of the proposal exceeds the 5m height limit of the Foreshore Scenic Protection Zone.

As noted previously, the subject site is not within the Foreshore Scenic Protection Area.

The proposal will result in a non-compliant FSR that will affect “the privacy of nearby dwellings.”

As noted previously, the amended proposal has a FSR of 1:1 which complies with the LEP standard.

An increase in the size of the existing building would be “aesthetically unacceptable.”

The bulk and scale of the amended proposal is considered to be compatible with other mixed use development in the immediate vicinity.

 

Maurice J. Hume – 26 Goorawahl Avenue, La Perouse

Issue

Comment

The proposed development will have an adverse impact to views obtained the rear (western) boundary from both sitting and standing positions from the lounge and living rooms, balcony, bedrooms and the objector’s backyard.

As noted previously, a view loss assessment is provided in Section 8.6 of this report.

 

David Anderson – 28 Goorawahl Avenue, La Perouse

The issues raised in the submission received by Council on 1 September 2006 have been covered in the original submission by Mr Anderson, received by Council on 6 July 2006. It should be noted that the submission does mention the erection of height poles on the site and that they were inaccurate in representing the height of the proposal.

 

5.3      Amended Plan Received on 23 November 2006

Amended plans were received by Council on 23 November 2006 that reduced the height of the proposal by 1.05m and made changes to the configuration of the proposed development. The surrounding neighbours were notified of the amended plans from 30 November to 14 December 2006.

 

The following submissions were received during this notification period.

 

Rebecca Coutts – 24 Goorawahl Avenue, La Perouse

Michael Lee – 26 Dawes Street, Little Bay

G. Blaxland – 3 Endeavour Avenue, La Perouse

Bella Glenny – 10 Goorawahl Avenue, La Perouse

Ben Larssen – 17 Endeavour Avenue, La Perouse

Anna Ivanoff – 7 Endeavour Avenue, La Perouse

Claude Stubbley – 9 Endeavour Avenue, La Perouse

Neville Clay – 23 Goorawahl Avenue, La Perouse

Stephen Fisher – 28 Gooawahl Avenue, La Perouse

Yan Liang – 19 Endeavour Avenue, La Perouse

Yvonne Larssen – 17 Endeavour Avenue, La Perouse

G. Dalton and J. Dalton – 27 Dawes Street, Little Bay

Morris Larssen – 17 Endeavour Avenue, La Perouse

Michelle Morgan-Spooner – Address not provided.

Ehab Kamal Youssef and Marina Wan – 25 Goorawahl Avenue, La Perouse

G & F Aielli – Address not provided.

 

Issue

Comment

The proposal is imposing upon the streetscape and is not “suitable for the generally low-density single residential development in La Perouse”.

The proposal is located within the local business zone and is considered to be consistent with the relevant objectives of the zone.

The “building design is not suitable in the context of surrounding development and the important heritage and cultural setting”.

The proposal will be consistent with the design of the existing building. The proposed bulk and scale will be compatible with other mixed use development in the immediate vicinity.

“The proposal is an over-development of the site.”

The amended proposal complies with the maximum FSR required under the LEP and is not considered to be an overdevelopment of the site.

The proposal has an adverse impact to views and solar access to adjoining residences.

The assessment of the view loss issue is provided in Section 8.6 of this report.

“The parking provisions within the building are inadequate for any further development and have never been open and accessible for public use by the cafe patrons, as intended in the original approval.”

The existing on-site parking is intended to be used by the occupants of the building and is not available for public use.

 

Staffan Kjelleberg and Patricia Conway – 22 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal will adversely impact iconic views of Botany Bay, Birdie’s Boatshed, La Perouse Museum and La Perouse Monument.

The view loss assessment is provided in Section 8.6 of this report.

The proposal exceeds the maximum building height by 0.35m.

The amended proposal exceeds the maximum building height standard under the LEP and a SEPP 1 objection has been submitted, which demonstrates strict compliance with the standard is unnecessary in the circumstances of the case.

 

Scott Nash, acting on behalf of his grandparents who are the owners of 26 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal would result in an “unacceptable and unreasonable view loss impact.”

As noted previously, a view loss assessment is provided in Section 8.6 of this report.

 

David Anderson – 28 Goorawahl Avenue, La Perouse

Issue

Comment

The proposal is inconsistent with the business zone objectives, primarily due to the development being mainly residential.

This issue has already been addressed above.

The height poles erected on the site are “false and misleading” and are not accurately positioned.

The inaccurate height poles were replaced and verified by a registered surveyor and photos were taken to demonstrate the extent of view loss from neighbouring dwellings. 

The proposal will have an adverse impact to views enjoyed by the objector.

As noted previously, the view loss assessment is provided in Section 8.6 of this report.

The claims made in the SEPP 1 objection to floor space ratio are “false” as views are significantly impacted by the development.

This issue has already been addressed above.

The proposal includes habitable rooms within 3.5m of the objector’s balcony and 7m from the objector’s bedrooms. Privacy impacts have not been addressed by the applicant.

This issue has already been addressed above.

 

John Ratcliffe – 14 Bellbird Close, Cooranbong. Owner of 28 Goorawahl Avenue, La Perouse

The issues raised in Mr Ratcliffe’s objection have been addressed in earlier submissions.

 

5.4      Amended Plan Received on 19 June 2007

Amended plans were received by Council on 19 June 2007 which shows the actual RLs of the existing building and the proposed upper level additions as well as a reduction in height of a section of the roof over the new front terrace area at the top floor level. The surrounding neighbours were notified of the amended plans from 27 June 2007 to 11 July 2007.

 

The following submissions were received during this notification period:

 

Scott Nash, acting on behalf of his grandparents who are the owners of 26 Goorawahl Avenue, La Perouse

 

The objection as originally submitted is maintained by Mr and Mrs Hume.

 

Irene Ratcliffe, owner of 28 Goorawahl Avenue, La Perouse (also acting on behalf of John Ratcliffe, the other owner of 28 Goorawahl Avenue, La Perouse)

 

The issues raised in Mrs Ratcliffe’s objection have been addressed in earlier submissions.

 

David Anderson – resident at 28 Goorawahl Avenue, La Perouse

 

The issues raised in Mr Anderson’s objection have been addressed in earlier submissions.

 

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      Environmental Health Services

 

“The proposal

The proposal involves alterations and additions to an existing two storey mixed commercial/residential building.

 

Key Issues

Noise from plant and equipment

 

The proposed lift may potentially impact upon the amenity of neighbouring residences and therefore an acoustic report/statement shall be provided should the application be approved.

 

Food requirements

 

There are no proposed alterations to the existing food premises and as such conditions have not been included in this consent.”

 

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

 

6.2      Building and Development Control Services

 

BCA Building Classification

Class 2 – Residential units

Class 7a- Carpark

 

Description of the Building

In summary, the building incorporates:

 

  A ‘rise in storeys’ of three

  Masonry walls, tiled roof and concrete floors

  A total of 3 residential sole occupancy units, and 2 shops

  External balconies

 

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 is required 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.

 

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

 

7.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-     Environmental Planning and Assessment Act 1979 as amended.

-    Randwick Local Environmental Plan 1998.

-    Building Code of Australia.

-    Development Control Plan- Parking

-    Section 94 Contributions Plan

 

8.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.1  Randwick Local Environmental Plan 1998

The site is zoned Local Business 3B under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

Clause No.

Requirement

Provided

Compliance

29 – Foreshore scenic protection area

The subject site is not located within the Foreshore scenic protection area.

NA

NA

31 - Landscaped area

NA

NA

NA

32 - FSR

1:1

1:1

The break down of the gross floor area at each level is as follows:

Ground = 82.5sqm

First = 217.5 sqm

Second = 107sqm

Total = 407sqm

Yes

33(5) - Building Height

9m maximum building height.

The proposal has a maximum height of 9.5m, measured from the car park level to the parapet wall at the front of the building.

Does not comply. SEPP 1 objection submitted.

Other Clauses

Effect

Applies

Comment

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

Vicinity of Heritage Item

Yes. The subject site is located approximately 36m from heritage item at 27 Goorawahl Avenue, La Perouse.

The subject site is not immediately noticeable from the heritage item and will not result in a noticeable impact to the heritage significance of the item. No further assessment is required.

 

Zone Objectives

 

The objectives for Zone No. 3B (Local Business Zone) are:

 

a)       to provide opportunities for local retail and business development in the City of Randwick , and

b)       to provide opportunities for associated development such as car parking, service industries and the like, and

c)       to provide opportunities for residential accommodation in the local business centres where it does not interfere with the primary business function of the zone, and

d)       to minimise the impact of development on adjoining and nearby residential zones.

 

The proposal is for new residential accommodation in conjunction with the existing mixed residential/commercial development fronting Endeavour Avenue and will not interfere with the primary business function of the zone which is maintained by the existing restaurant/café fronting Endeavour Avenue. It should be noted that there is no minimum or maximum proportion of floor space that is required to be allocated to a business or residential use on the site. It is therefore considered that the proposal is not inconsistent with the relevant objectives of the zone.

 

8.2      State Environmental Planning Policy No. 1 – Development Standards (SEPP 1)

 

a)      Building Height

 

Clause 33(5) of LEP 1998 requires that the maximum building height for a building, within Zone No. 3B be no more than 9m. The amended proposal has a maximum height of 9.5m approximately to the top of the roof parapet of the proposed upper level addition towards to the front of the building. 

 

The applicant has submitted an objection under State Environmental Planning Policy No. 1 - Development Standards (SEPP 1) in respect to the non-compliance with the maximum permissible overall height limit and has argued that strict compliance with clause 33 (5) of LEP No 1998 is unreasonable and unnecessary in the circumstances. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

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

The building height control in question is a development standard as contained in the Randwick LEP 1998.

 

2. The underlying object or purpose of the standard

The stated objective of the standard, as outlined in the LEP is as follows:-

 

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

 

3. Consistency of the development with the aims of the policy and the objects of the EP & A Act

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

 

“provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be           unreasonable or unnecessary or tend to hinder the attainment of        the object specified in Section 5 (a)(i) and (ii) of the Environmental Planning and Assessment Act, 1979.”

 

The objects of the Act referred to in the aims and objectives of SEPP no. 1 under Section 5 (a)(I)(ii) are:

 

“to encourage:

 

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

b.     the promotion and co-ordination of the orderly and economic use and development of land;”.

 

The proposed development will be consistent with the planning objectives for the locality in that the additional dwelling will allow for the development potential of the subject land to be further realised without creating any significant adverse impact on the amenity of adjoining and surrounding developments. Furthermore, the proposal has been revised to minimise the view loss impact from the eastern adjoining dwellings by lowering the ceiling height of the existing dwellings at the first floor level to 2.5m and reducing the FSR to comply with the maximum control under the LEP.

 

Accordingly, it is considered that the proposal is consistent with the planning objectives for the locality and the aims of the policy. As such, strict compliance with the standard would tend to hinder the attainments of the objects, specified in Section 5 (a) (i) and (ii) of the EP&A Act, which encourages the proper management, development and conservation of natural and man made resources and the promotion and co-ordination of the orderly and economic use of and development of land. 

 

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

It is considered that a development compliant with the prescribed height control would be unnecessary given the circumstances of the site topography. The proposed addition maintains compliance with the 9m building height limit along the rear (eastern) elevation and also predominately along the length of side (northern and southern) elevations of the building. In fact, the maximum height of the rear elevation of the proposal is only 5.5m, which is well below the 9m building height limit.

 

The non-complying section of the proposal is towards the front of the building where the land slopes down to the street and the variation is up to 500mm.

 

As noted previously, the proposal has been substantially amended by lowering the ceiling height of the existing dwellings at first floor level to 2.5m to reduce the overall height of the building and its impact on views from neighbouring dwellings to the east. It is considered that any further reduction in height will adversely affect the amenity of the occupants of the existing dwellings on the site and pulling the front section of the proposed addition back to comply with the building height will not make any significant improvement in terms of view. It should be noted that the impact of a development with a fully compliant building height at the rear of the subject site would be much worse than the development currently proposed. In addition, it should be also note that if the site was zoned Residential 2A (i.e. the same zone as the nearby residential area) the maximum building height allowed for development such as an attached dual occupancy would be 9.5m and the extent of view loss from the eastern adjoining dwellings would most likely to be the same. For these reasons, it is considered that strict compliance with the building height standard is unreasonable and unnecessary in the circumstances of the case as compliance would not introduce any substantial benefit to either the streetscape or neighbouring properties.

 

5.Whether the objection is well founded.

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

 

·                Articulated the underlying stated objectives of the standard clearly.

 

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

 

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

 

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

 

  Orderly use of the land – in accordance with the objectives of SEPP No. 1, it is considered that the proposal promotes the orderly use of the land. The building will not adversely affect the amenity of surrounding residents or the character of the area.

 

  Zoning – the proposed development is consistent with the objectives of the Local Business zone. The development does not negatively impact upon the primary commercial function of the zone. Residential accommodation is provided without any adverse impacts on neighbouring properties.

 

  Streetscape/Design – the proposed design ensures that the new apartment will have minimal visual impact from Endeavour Avenue. To the rear the addition and the existing building will appear as a two storey structure, compatible with surrounding properties. The scale is also consistent with neighbouring developments of 3-storeys in the same zone. This also includes the recent approval of a part 3rd level at 1603 Anzac Parade and Danny’s, which has frontage to Endeavour Avenue.

 

  Views and vistas – the proposed development and height does not unreasonably impact upon views or vistas in to or out of the site.

 

The non-compliance is relatively minor and is a result of the site topography. 

 

From Endeavour Avenue, it is considered that the additional height is sufficiently setback so as not to be visually prominent.  Therefore having regards to the merits of proposal, it is considered that the additional height of up to 500mm would not impinge on the objectives of the LEP, the specific objectives of the zone and the SEPP 1 objection is well founded and should be supported.

 

8.3      Draft State Environmental Planning Policy (Application of Development Standards) 2004 (Draft SEPP 2004)

 

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

 

The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however, it is considered that the proposal will provide an appropriate built form to Endeavour Avenue and consistent with other mixed use development in the immediate vicinity of the site. 

 

8.4      Development Control Plan - Parking

 

The DCP – Parking requirements for the site include:

 

Proposed use

Parking requirement

Multi Unit Housing

1 space per two studio dwellings

1 space per 1 bedroom dwelling or bedsitter unit over 40 sqm

1.2 spaces per 2 bedroom dwelling

1.5 spaces per 3 or more bedroom dwelling

Visitor Parking: 1 space per 4 dwellings or part thereof, but shall not be required for a development containing less than 4 dwellings.

Service and Deliver Parking: See Section 3.4

Bicycle Parking: 1 space per 3 units, plus 1 visitor space per 10 units.

Car Wash Bays: 1 car wash bay required per 12 dwellings. Note: Visitor spaces may be used as car wash bays.

Restaurants (e.g. coffee shops, restaurants, cafes, tea room).

1 space per 40 sqm GFA for the first 80sqm then 1 space per 20sqm thereafter

 

The restaurant component of the existing development requires a total of two parking spaces. The existing and proposed two bedroom dwellings require 1.2 spaces each, therefore requiring 3.6 spaces. In total, the development would require 5.6 spaces, which is rounded up to the nearest whole number, being six car parking spaces.

 

The amended plan shows an additional car space (i.e. space No. 8) to be provided to the eastern side of Shop 1 and a total of eight car spaces in the ground floor car park. It is noted that a vehicle parked in space No. 8 will restrict access to and the egress from space Nos. 4 to 7, as such, it is recommended that space No. 8 should be deleted as the additional car space is not required because the number of spaces currently available on the site already complies with the requirements under the DCP – Parking.

 

8.5    Section 94 Contributions Plan

The calculations for the residential component of the proposed development are set out in Figure 9 below. 

 

Figure 9: Levies for additional residential dwelling

 

Units

Open space levy per unit ($)

Total open

Space

($)

Community facilities levy per unit ($)

Total community facilities ($)

1 x 2 Bedroom

1,792.88

-

792.72

-

TOTAL*

 

1,792.88

 

792.72

 

*Note: An administrative charge of $425.00 is payable for all developments.

 

8.6    Impact on Adjoining Properties

 

8.6.1   View sharing

As noted previously, height poles were erected on site on numerous occasions to allow a better understanding of the view-related impacts of the amended schemes on the existing dwellings at 26 and 28 Goorawahl Avenue, to the immediate east of the site. The following photos show the views currently available from 28 Goorawahl Avenue.

 

       No. 28 Goorawahl Avenue

 

Existing tree obscuring views to La Perouse Memorial Monument

 

Approximate outline of amended proposal

 

Photo 6: Views from the rear ground floor balcony of 28 Goorawahl Avenue looking southwest over part of the subject site at standing position. 

 

Approximate outline of amended proposal

 

Photo 7: Views from the rear ground floor balcony of 28 Goorawahl Avenue looking west over part of the subject site at standing position.

 

Approximate outline of amended proposal

 

Photo 8: Views from the rear ground floor balcony of 28 Goorawahl Avenue looking northwest over part of the subject site at standing position.

 

The planning principle established by the Land and Environment Court in Tenacity v Warringah Council proceeding is used to make an assessment of the reasonableness of the amended proposal, in terms of view-loss. The following paragraphs provide an assessment of the proposal in accordance with the four (4) step process established in the proceedings.

 

(1)    “The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (e.g. of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, e.g. a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

No. 26 Goorawahl Avenue currently enjoys the following views:

 

  views of part of the La Perouse museum, La Perouse memorial monument and parkland, looking south-west from the rear ground floor balcony;

  views of the Boatshed, Frenchmans Bay, Yarra Bay and Port Botany, looking west from the rear ground floor balcony and rear living room window; and

  views of part of La Perouse memorial monument, looking southwest from the living room window at the rear.

 

No. 28 Goorawahl Avenue currently enjoys the following views:

 

  views of part of La Perouse memorial monument, Botany Bay, part of Boatshed, looking southwest from the rear ground floor balcony; and

  views of Frenchmans Bay, Yarra Bay and Port Botany, looking west from the rear ground floor balcony.

 

The views obtained from Nos. 26 and 28 Goorawahl Avenue is considered to be valuable, insofar as they relate to La Perouse museum, La Perouse memorial monument and the Boatshed. The remainder of the views (i.e. Port Botany, Yarra Bay, Frenchmans Bay and parkland) are considered to be of little to moderate significance as some of these views are partially obscured by existing trees and buildings.

 

The views towards the water from the rear balcony of 26 Goorawahl Avenue are considered to be “whole” views, in that there are no major impediments or interruptions. However, part of the water views from the rear balcony of 28 Goorawahl Avenue is already obscured by the existing building at the subject site and a tree on the south-western corner of 28 Goorawahl Avenue (see Photos 6, 7 & 8).

 

(2)    The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

 

As noted previously, views from Nos. 26 and 28 Goorawahl Avenue are currently available from the balconies and west facing living room windows at the rear of each dwelling. The views can be attained from standing or sitting position.

 

(3)    The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

It is considered that the extent of view loss from 26 Goorawahl Avenue is minor as the majority of the valuable views to La Perouse museum, La Perouse memorial monument, parkland, Frenchmans Bay, Yarra Bay and Port Botany will be retained. The only view that will be partially affected is the filtered view to the lower section of the Boatshed and a portion of the beach adjacent to it.

 

As illustrated in photo Nos. 6, 7 and 8 above, the proposal has been revised by moving the upper level addition further towards the northern side boundary of the site to maximise the view corridor from the rear ground floor balcony of 28 Goorawahl Avenue. As a result, the views to the Boatshed, La Perouse memorial monument and Port Botany from the rear ground floor balcony will be fully retained. It is considered that the extent of the impact from the rear ground floor balcony of 28 Goorawahl Avenue is minor as the views that will be partially affected relates only to a portion of water views to the west. 

 

(4)    The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbours. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

As noted previously, the proposal has been substantially amended by reducing the ceiling height of the existing dwellings at first floor level to 2.5m and the size of the proposed upper level additions to minimise the extent of view loss from the eastern adjoining dwellings at Nos. 26 and 28 Goorawahl Avenue.

 

The proposed addition generally maintains compliance with the 9m building height limit except for a section of the northern and southern elevations towards the front of the building which has a maximum height of up to 9.5m. The variation is due to the sloping nature of the site.

 

It is not considered that a fully compliant building would result in any substantial difference in terms of the impacts as the variation to the building height control is only up to 500mm towards the front of the building. It should be noted that the rear section of the building is only 5.5m in height which is well below the maximum building height limit applicable to the site. A development with a fully compliant building height at the rear of the site would be worse than the development currently proposed. In addition, it should be noted that the eastern adjoining sites (i.e. 26 and 28 Goorawahl Avenue) are also zoned  Local Business 3B and the development potential of these properties must also be taken into consideration in terms of the concept of view sharing. In this regard, it is considered that the amended proposal is more skilfully designed than the original scheme, such that the view-related impacts of the proposal are acceptable, having regard to the planning principle discussed herein.

 

10.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:            Excellence in urban design and development.

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

 

11.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

12.      CONCLUSION

 

The proposal is permissible in the 3B Local Business Zone with the consent of Council and is considered to be consistent with the relevant objectives of the zone. 

 

The amended proposal exceeds the maximum 9m building height limit by up to 500mm towards the front section of the building where the land slopes down to the street.  A SEPP 1 objection has been submitted for the building height standard and it is considered to be well founded in the circumstances.  In particular the scale and height is compatible with the adjacent development in the 3B Zone and there are no significant amenity impacts to surrounding properties in terms of loss of privacy and overshadowing.

 

In terms of view loss, the amended proposal has been assessed using the planning principle established by the Land and Environment Court in Tenacity Consulting Pty Ltd vs Warringah Council (2004) proceedings and was found to be acceptable in regards to the four steps assessment set out by Senior Commissioner Roseth. 

 

For the above reasons, the amended proposal is recommended for approval subject to conditions.

 

RECOMMENDATION:

 

A.     THAT Council support the objection under State Environmental Planning Policy No. 1 to vary the provisions of Clause 33(5) of the Randwick Local Environmental Plan 1998 (as amended) relating to building height for Development Application No. DA 418/2006 on the grounds that the proposed development complies with the objectives of clause and will not adversely affect the amenity of the surrounding locality, and that Department of Planning be advised accordingly.

 

AND

 

B.     THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 418/2006 to carry out alterations and additions to the existing mixed use building comprising an addition of third storey containing additional residential dwelling, addition of lift shaft, rear stairwell and reduction in ceiling heights of the existing dwellings on first floor level at 51-53 Endeavour Avenue, La Perouse, subject to the following conditions:

 

REFERENCED PLANS:  

 

1.     The development must be implemented substantially in accordance with the amended plans numbered DA03A and DA04A, dated December 2005 and received by Council on 19 June 2007 and amended plans numbered DA02B, DA05B to DA12B, dated December 2005 and received by Council on 26 July 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The existing ground floor car park must incorporate the provision of one (1) car parking space for the new residential dwelling at the second floor level.

 

3.       The car parking spaces and driveways must be kept clear of goods at all times and must not be used for storage purposes.

 

4.       The proposed car space No. 8 shall be deleted as it will restrict access to and egress from space Nos. 4 to 7 when the proposed car space is occupied. Details of compliance are to be provided in the construction certificate plans.

 

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

 

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

 

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

 

7.       A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

8.       All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

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

 

10.     The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  The details and samples of the glass to be used are to be submitted with the colour and material schedule for the approval of Council’s Director of City Planning, prior to the commencement of works.

 

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

 

12.     Solar hot water heaters or other structures are not permitted to be installed on the roof of the building unless the prior written approval of Council’s Director of City Planning has been obtained beforehand.

 

13.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

14.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an occupation certificate or subdivision certificate (whichever the sooner).

 

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

 

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

 

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

 

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

 

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

 

The following condition is applied to satisfy the increased demand for public amenities and public services:

 

18.     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                  $1,792.88

b)     for the provision or improvement of community facilities          $792.72

c)     Administration fee                                                            $425.00

 

The contribution must be paid in cash or by bank cheque prior to 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 ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

Regulatory

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

27.     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.

 

Structural adequacy

 

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

 

29.     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 the structural adequacy of the building.

 

Construction site management

 

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

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

31.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

·                      A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

·                      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.

 

·               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.

 

·               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.

 

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

 

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

 

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

 

33.     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.

 

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

 

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

 

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

 

a)  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.

b)  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.

c)  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.

d)  Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council. Applications to place a waste container in a public place can be made to Council’s Building Services section.

e)  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. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

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

g)  Temporary fences or hoardings or the like 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.

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

i)   If it is proposed to locate any hoardings, site fencing 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.

j)   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.

k)  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.

 

37.     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, 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, container or other article.

 

Fire safety

 

38.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)       The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

(1)    Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

(2)    Provide emergency lighting system to the carpark, in accordance with clause E4.2 & E4.4 of the BCA,

 

(3)    Provide illuminated exit signs to the carpark , in accordance with clause E4.5 & E4.7 of the BCA,

 

(4)    Provide portable fire extinguisher/s within the carpark and shops , and adjacent to any internal electrical switchboard, in accordance with clause E1.6 of the BCA,

 

(5)    Balustrades and handrails to stairway/s, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

(6)    Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

39.     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

40.     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

41.     Upon completion of the fire safety upgrading works and prior to the issuing of an occupation certificate, a single, complete, fire safety certificate is to be submitted to Council. A copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (i.e. entrance area) and a copy must be provided to the NSW Fire Brigades, in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

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

 

42.     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).

 

43.     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:

 

44.     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).

 

45.     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.

 

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

 

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

 

47.     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.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

FRANK KO

DIRECTOR, CITY PLANNING

DEVELOPMENT ASSESSMENT OFFICER

 



 

Development Application Report

 

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

 

DATE:

22 October, 2007

FILE NO:

DA/685/2007 & PROP051762

 

PROPOSAL:

 Construction of community centre at Prince Henry site

PROPERTY:

 1 Coast Hospital Road, Little Bay

WARD:

 South Ward

APPLICANT:

 Grindley Constructions

OWNER:

 Landcom - Little Bay

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.      EXECUTIVE SUMMARY

 

The application is for a proposed community centre at the Prince Henry Site comprising an auditorium, café, multi-purpose meeting room, kitchen, toilet facilities, offices and carparking. The building has been designed to be harmonious with the landscape and incorporates a partially grassed roof.

 

The application constitutes integrated development and was referred to the NSW Heritage Office for comment as the larger site is included on the State Heritage Register. The Heritage Office has provided General Terms of Approval which are included as proposed conditions of consent.

 

No submissions were received to the proposal.

 

The development incorporates high levels of environmental sustainability in its design and generally is in compliance with relevant planning controls.

 

The application is recommended for approval. 

 

2.      THE PROPOSAL

 

The proposal involves the construction of a community centre at the Prince Henry site. The building is of a low level design with two higher roof elements over the auditorium and multi-purpose areas. The design of the building seeks to emphasize the horizontal and the dominance of the landscape. A portion of the roof is to be planted to further emphasize the landscape setting. Adjacent to the north west corner of the building is an amphitheatre.

 

The building is to comprise the following:

 

     Auditorium

This is a multi-purpose space designed to cater for up to 250 people. The auditorium will be able to house theatre performances, films and other functions such as sporting events including judo, yoga, badminton, volleyball and half court basketball. Access is provided to an exterior terrace and an adjacent foyer which will also allow these spaces to be utilised for functions.

 

·                     Multi Purpose Area

Two large meeting/training rooms and a smaller 10 person meeting room are proposed. The two larger rooms can be combined into a larger space for public gatherings or exhibitions. Direct access to external spaces is provided.

 

·                     Centre administration

This comprises manager’s office, staff room, and multi-media room.

 

·                     Café

This is to be located at the northern end of the building and is to have indoor and outdoor seating. The fit-out and operation of the café are to be dealt with under a further development application as the operation of the café is to be put to tender at a later date. 

 

·                       Basement car parking is to be provided for 34 cars and a parking for a further 45 cars is to be provided to the south of the building in an open car park.  A loading dock is to be located on the southern side of the building.

 

·                     Landscaping is to include a feature garden show-casing low-water use succulents, grasses and rock. The roof garden over part of the development has been designed to replicate the plain of the adjacent golf course. The proposal involves the relocation of  five Phoenix Palms within the site

 

Exterior materials to be used in the construction of the community centre have been selected to minimize maintenance and to recognise the exposed location of the site. Materials include pre-finished corrosion resistant steel sheeting for roofing and one third of wall cladding, precast concrete for exterior walls and aluminium frames for windows and doors.

 

3.      THE SUBJECT SITE AND SURROUNDING AREA:

 

The Prince Henry Site is located off Anzac Parade at Little Bay and is bounded by UNSW land to the north, The Coast Golf Course and Little Bay to the east and St Michael’s Golf Course to the south-east. The site has an over-all area of 85 hectares.

 

The community centre is to be located in the eastern part of the development area near the end of Pine Avenue and was formerly occupied by the former Medical Officers Residence.

 

The site and a number of buildings on it are listed on the State Heritage Register for Aboriginal, natural, landscape and heritage values.

 

The Interdenominational Nurses Chapel is located to the north of the site as is the former Motor Garage.

 

4.      SITE HISTORY

 

There is an adopted Master Plan/Deemed DCP (adopted on 27 May 2003) for the Prince Henry Site and subsequently amended on 18 October 2005 and 30 May 2006. These latter two amendments do not affect the subject site.

 

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

 

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

 

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

 

5.      COMMUNITY CONSULTATION:

 

The application was notified to immediately adjoining properties and advertised as “Integrated Development” as the site is listed on the State Heritage Register, in accordance with the provisions of the Environmental Planning and Assessment Act for a thirty day period. A sign was also placed on the site. No submissions were received.

 

6.      TECHNICAL OFFICERS COMMENTS

 

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

 

NSW Heritage Office

The Heritage Office has provided General Terms of Approval and these have been included as proposed conditions of consent.

 

Heritage Planner

 

Background

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

 

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

 

The Subject Site

The site is in the eastern part of the development area, adjacent to the cul-de-sac end of what was originally Coast Hospital Road, near the end of Pine Avenue.  The site was formerly occupied by the former Resident Medical Officers Residence, which was demolished due to poor condition, under a previous development application.  To the north of the site are the Interdenominational Nurses Chapel and the former Motor Garage, to the east, south and west of the site is The Coast Golf Course.  The site slopes from west to east.  The subject site is located within Precinct P5, as identified in the Prince Henry Site Development Control Plan. 

 

Heritage element

Applies

Built elements in the vicinity

·                      Former Motor Garage

·                      Interdenominational Australian Nurses War Memorial Chapel

Landscape elements in the vicinity

·                      Views to Little Bay, Headlands and Coastline

·                      Grouping of Phoenix canariensis

·                      Significant road alignments

Aboriginal archaeological zone

High Sensitivity

Aboriginal identified site

No

Historical archaeological zone

Former Prince Henry hospital complex

Historical identified site

Adjacent to former Resident Medical Officers Residence

Little Bay Geological site

Appears to be generally outside the extent of the Palaeovalley

Remnant native vegetation in the vicinity

No

 

The Proposal

The application proposes a building to house the community centre, including an auditorium, multi-purpose spaces, a meeting room, a café, and associated amenities. The building is generally on one level, but due to the slope of the site the carparking below gives the building a two storey scale to the east.  Adjacent to the north west corner of the building is an amphitheatre, while to the south of the building is a ground level carpark. A large part of the building is to have a flat grassed roof, with higher roof elements over the auditorium and multi-purposed rooms. External materials comprise prefinished steel roof and wall sheeting, precast and in-situ concrete, steel balustrades, aluminium framed windows and powdercoated aluminium louvres. 

 

Submission

The application has been accompanied by a Statement of Heritage Impact prepared by dpms.  The HIS notes that the proposed building has a low profile and a green roof to respect the natural landscape and setting of the adjacent Chapel, with setbacks to maintain views and an appropriate curtilage.  The Statement notes that a cluster of Phoenix palms are to be relocated to accommodate new levels on the site and to allow for an appropriate pedestrian entry.  The submission also includes an Interpretation Strategy for the building prepared by Lahz Nimmo Architects and a response from MUSEcape who prepared the Prince Henry Site at Little Bay Interpretation Strategy.  The Interpretation Strategy proposes interpretation of the Christo artwork, the historic road alignments, the ecology of the site and aboriginal archaeology, within the fabric of the building and associated landscape works.  The MUSEcape submission notes that the Interpretation Strategy is satisfactory for development application purposes, but that detailed design and documentation will be needed to progress the current concepts. 

 

Approvals

As the site is listed on the State Heritage Register, the proposal generally needs to be the subject of an Integrated Development Application. As the NSW Heritage Office is the consent authority for the application, Council cannot issue development approval until the Heritage Office has provided conditions of consent.  An Integrated Development Application has been submitted and General terms of approval dated 11 October 2007 have been issued by the NSW Heritage Office. 

 

Consistency of the proposal with CMP, AMP, LEP and DCP

For Precinct P5, the Prince Henry Site Development Control Plan includes Performance Criteria and Controls in relation to Heritage that the new building/s maintain an appropriate setting for Historic Precinct including significant buildings and landscape features in the vicinity, including the Interdenominational Nurses War Memorial Chapel, and Pine Avenue; and that excavation within the extent of the Palaeovalley area should not go below RL 26 unless endorsed by Council and the NSW Heritage Office.  The DCP also provides a building envelope for the site which allows for a two storey building, but notes that height may be increased to accommodate functions of the community centre. 

 

It is considered that the broken and low scale form of the proposed community centre building will retain the open landscape character of the subject site and will not challenge the prominence and recognisable geometric form of the Chapel building.  In relation to the proposed site interpretation, it is considered that the community centre provides an appropriate public place for interpretation, and the suggested themes are relevant to this site.  By incorporating interpretation within the fabric of the building and associated landscaping, rather than as signage for example, site clutter will be avoided.  It is considered that the proposal will not result in any adverse impacts to identified built or landscape elements, heritage views or vistas, or to the significance of the heritage conservation area, and has low potential for the identification of unknown archaeological material.  It is considered that the proposed building is generally consistent with the CMP, the AMP, the Amended Master Plan (August 2003), the LEP and the DCP. 

 

 

Recommendations

That proposed conditions be included in the draft consent.

Development Engineer

 

Council’s Development Engineer has reviewed the application and has provided draft conditions of consent in relation to landscaping, drainage and traffic which are included as proposed conditions of consent. The application is considered to be  acceptable in relation to these matters.  

 

Building Services

 

Council’s Senior Building Surveyor has provided draft conditions of consent which are included as proposed conditions of consent.  

 

7.      MASTER PLANNING REQUIREMENTS

 

The Master Plan for the subject site was adopted in December 2001 subject to a number of matters being addressed in a revised Master Plan and subsequent development applications for the subject site. A revised Master Plan consistent with the required amendments was adopted by Council on 27 May 2003.  

 

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 Environmental Planning Policy No. 55 – Remediation of Contaminated Land

-       State Environmental Planning Policy No. 71 – Coastal Protection

-       Sydney Regional Environmental Plan No. 14 – Eastern Beaches

-       Randwick Local Environmental Plan 1998

-       Development Control Plan – Prince Henry Site

-       Development Control Plan – Parking

-       Building Code of Australia 

 

9.      ENVIRONMENTAL ASSESSMENT

 

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

 

9.1    Compliance with relevant planning instruments:

 

(a)    State Environmental Planning Policy No.55 – Remediation of Contaminated Land

SEPP No. 55 provides state wide provisions for the remediation of contaminated land.  The subject site has been cleared, remediated and ground levels have been established under previous approvals (i.e. Development Consent 1188/02, as amended), which satisfies the requirements of the SEPP. Further, a Site Audit Statement has been issued by WSP environmental consultants/site auditors for the subject site and surrounding residential allotments stating the site is suitable for its intended use.  Conditions of consent have been recommended by Council’s Manager of Environmental Health for procedures in the case of unexpected finds.

 

 

 

(b)    State Environmental Planning Policy No.71 – Coastal Protection

        This SEPP provides for appropriate and suitably located development within the coastal zone of NSW through legislation of the NSW Coastal Policy. Currently, the policy does not specifically apply to the subject site as the Prince Henry Site is not included in the Coastal Maps.

 

(c )    Sydney Regional Environmental Plan No. 14 – Eastern Beaches

        This REP aims to recognise the significance of the eastern beaches coastline. It contains design guidelines to promote the protection of the coastal environment. The design guidelines have been incorporated into the Master Plan for the site. The proposed development is consistent with the guidelines and the provisions of this REP.

 

(d)    Randwick Local Environmental Plan 1998

        The site is zoned 6A (Open Space Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

Clause 18 – Zone 6A

The objectives of the 6A zone are:

 

The following Clauses of the LEP 1998 apply to the proposal:-

 

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

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

(c)    To identify and protect land intended to be acquired for public open space, and

(d)    To identify and protect natural features that contribute to the character of the land, and

(e)    To enable the sustainable management of land.

 

The proposal meets the objectives of the zone as it provides for the recreational use of publicly owned land and allows for the future sustainable management of the land.

 

Clause 38 – Development in open space zones

 

When determining an application for consent to carry out development on land within Zone No 6A or 6B, the Council must consider:

 

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

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

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

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

 

The proposed community centre will meet the need for such a facility in this location and is of a design which maintains the landscape character of the area through its low-rise design, part grassed roof and landscaping. The use of the site is in accordance with the provisions of the Prince Henry Site Development Control Plan.   

 

Clause 40A – Masterplans

A Masterplan was adopted for the site on 27 May 2003 and was last amended on 30 May 2006. The proposed community centre is generally in accordance with the provisions of the adopted Masterplan.

 

Clause 40 – Excavation and filling of land

Clause 40 of the LEP contains provisions for undertaking excavation and filing of land. The proposal involves some excavation to ensure that the development does not dominate the landscape or existing surrounding development; car parking is also to be provided beneath the building. This work will not have a detrimental impact on the soil stability and scenic quality of the site or the locality. Accordingly, the proposal is acceptable in relation to the provisions of this clause.   

 

Clause 43 – Protection of heritage items and Clause 46 – Development in vicinity of heritage items

Council’s heritage planner has assessed the proposal and commented as detailed in Section 6 of this report. It is considered that the proposal would not result in any adverse impacts on identified built or landscape elements, and that the work is consistent with the Conservation Management Plan, Masterplan, Local Environmental Plan and Prince Henry Site Development Control Plan.    

 

9.2    Policy Controls

 

a.       Development Control Plan – Prince Henry Site

 

The subject site is located within Precinct P5 and the DCP states as follows:

 

Precinct P5 is located at the eastern end of pine Avenue on the eastern edge of the DCP area. The precinct will contain a Community Recreation Centre that will serve the needs of the incoming residents as well as the wider community. 

 

Compliance with relevant performance criteria and controls is as follows:

 

Height

 

A 2 storey, 9 metre maximum and 8 metre wall height control applies to the site. The DCP also allows for maximum permissible heights to be increased to accommodate the functions of the community centre.

 

The proposal complies with the maximum height and the wall height control. The proposed building does not exceed two stories in height.

 

Floor Space Ratio

 

A floor space ratio (FSR) of 0.5:1 applies to the site. The proposal will result in a FSR of 0.13:1 and therefore complies with the control.

 

Landscaped area

 

Total landscaped area is to be not less than 40% and soft landscaped area should not be less than 20%. Landscaping is to include a predominance of native plant species, drought resistant species, include water conserving landscape features, utilise native ground covers and grasses in garden beds and where applicable be consistent with any relevant Specific Elements Conservation Policy or Plan of Management.

 

The total percentage of the site landscaped is to be 68% and 59% of the site is to be in soft landscaping. Council’s landscape technician has reviewed the application and has provided proposed conditions of consent.  

 

Setbacks/building envelope

 

 Building frontages should align with street frontages. Where an allotment has frontage to a street and public park or pathway, a strong, built edge is to be provided to both/all.

 

While the proposed building does not directly front the street it is considered that the design is such that it adequately responds to the street and the surrounding open space.

 

Figure 17 in the DCP details the “building articulation area”. A small portion of the proposed building infringes the building envelope to the east and west, however setbacks as detailed in figure 17 are complied with. The DCP also states that the building envelope is indicative only and may be varied subject to compliance with other controls at DA stage. It is considered that the development is acceptable in this regard as the bulk of the building is located within the building articulation area, set-back, height and landscaping controls are met and the design of the building respects the landscape setting.

 

All facades are to include windows; this requirement has been met by the proposed design.

 

Scale of new building

 

The proposed building is not to dominate the landscape or the adjacent Australian Nurses War Memorial Chapel. The proposed building is to have a low-slung landscaped roof which is designed to be harmonious with the landscape and it is considered that the design is acceptable in this regard. The scale of the building is such that it will not dominate the adjacent chapel.

 

Sustainable design measures are to be incorporated

 

A sustainability report was submitted with the application which addressed the following:

 

(i)     Indoor environment:  ventilation is a 50% improvement on AS1668.2-1991, use of low VOC paints and carpets, use of low formaldehyde products, and enhanced natural thermal comfort;

(ii)    Energy: energy efficient building design, thermally insulated construction, grass roof, solar hot water system, natural ventilation to minimise use of air conditioning, energy efficient lighting, zoned and labelled light switching;

(iii)    Transport: 25% of parking spaces designed for small cars, cyclist facilities provide for staff and visitors;

(iv)   Water: rainwater recycle system for non-potable reuse, 3 star or better tap/shower/toilet fittings, solar hot water system, waterless urinals, efficient landscape irrigation;

(v)    Materials: recycling storage area, sustainable timber resources, 60% recycled content in structural steel, cement replacement with industrial waste product, shell and core integrated fit-out;

(vi)   Emissions: 100% of all refrigerants by volume to have zero ODP, treatment of stormwater runoff by green roof and water recycling system, no external light pollution;

(vii)   Community: compliment and enhance existing landscape, providing amenities to new residential area, outdoor amphitheatre, public amenities for local beach, café, educational displays.

 

In accordance with Developer Agreement

The development application is in accordance with the Developer Agreement

 

Landscaping

 

The five large Phoenix Palm trees are to be relocated within the site. The Heritage Office has required that appropriate protection measures are prepared by a qualified arborist  and submitted to the Heritage Office for approval prior to the commencement of construction. This requirement has been included in the proposed conditions of consent.

 

Heritage

 

As detailed in section 6 of this report, it is considered that the proposal is generally consistent with the Conservation Management Plan, the Archaeological Management Plan, the Amended Masterplan, the LEP and the DCP in regard to heritage issues.   

 

b.   Development Control Plan – Parking

 

The DCP states that parking is to be provided at a rate of 1 space per 2 staff members plus assessment based on transport survey for visitors. Council’s engineers have stated that proposed parking level is appropriate and complies with Council’s requirements.

 

9.3    Peer review of proposal

The proposed development was peer reviewed by Philip Thalis who commented on:

 

a.  Siting and potential to strengthen street address and presence of the proposal.

 

Comment: The design strategy i in accordance with the Randwick Council brief and the proposal is designed to minimise impacts on views and ensure that the building does not dominate the landscape. The proposal is therefore considered to be acceptable in this regard.

 

b.  External spaces and potential improve the landscaped space between the Chapel and the community centre. Potential to have an open presentation between the building and the cul de sac.

 

Comment: The proposal is limited to development within the lot boundaries. Planting proposed between the building and the cul de sac is to be low-level coastal and dune species.

 

c.  Need for public toilets, change room and playground in this area.

 

Comment: Randwick Council is providing a toilet close to the beach and play equipment is included in the scope of works for the park on Pine Avenue.

 

d.  Public spaces are well planned and the character of the two main internal rooms is supported. The silhouette of the roof forms over the meeting rooms could be made more dramatic and materials such as zinc cladding could be used.

 

Comment: Proposed materials have been selected for their durability and low maintenance qualities. The development has been designed to be harmonious with the existing landscape and so as not to dominate the near by Chapel. The development is considered to be acceptable in this regard.

 

e.  The building could have a more grand and welcoming presence.

 

Comment: The entry is directly related to the corner of the building with a series of terraces providing a gradual descent to the entry. The building has been designed to complement the landscape and not dominate adjacent buildings of significance, as previously detailed. The development is considered to be acceptable in this regard.

 

f.   The building design appears to embody sound environmental initiatives.

 

Comment: Noted and agreed.

 

g.  It would be preferable if all car parking could be open air and at grade. There should be a circulation loop in the open air car park.

 

Comment: The topography of the site renders the provision of a loop to the cul de sac in the open air car park difficult to provide. Council’s engineers are satisfied with the proposal. The Randwick Council brief for the development required the provision of some undercover car parking.

 

9.4    Impacts of development

 

The proposal will result in a positive impact on the area as it will provide a needed community facility for the local community at the prince Henry Site and the wider community.

 

The design of the proposed building is such that it will complement the landscape and will not impact upon the significance of the existing Chapel located in close proximity to the development site.

 

The development will not result in view loss from adjacent sites and will not have a negative impact upon the amenity of any surrounding properties.

 

The building has been designed to incorporate high levels of  environmental sustainability.

 

10.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:   Excellence in urban design

Direction 4a:  Improved design and sustainability across all development

 

11.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

 

 

 

12.    CONCLUSION

 

The proposed community centre is designed to be harmonious with the landscape and to fulfil an important community need. The centre has been designed with a high level of environmental sustainability and is in general compliance with relevant controls.

 

No submissions were received in respect of the application. The application is recommended for approval.

 

RECOMMENDATION:

 

THAT Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/68507 for permission to construct a community centre comprising an auditorium, multi purpose area, café, basement and at grade carparking and associated site works at 1 Coast Hospital Road, Little Bay, subject to the following conditions:

 

Conditions of Consent

 

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:

 

Approved plans

1.     The development must be implemented substantially in accordance with the plans numbered DA-01 to DA-06 issue 01, dated 24/9/07 and received by Council on 26 September 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

The following conditions are imposed to protect and promote geological and cultural heritage.

 

2.     Aboriginal Archaeology

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

 

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

 

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

 

 

 

 

Historical Archaeology

5.     Prior to commencement of the works site contractors are to be made aware of the possibility that historical archaeological items may survive on the site

 

6.     Site contractors are to be advised of their obligations under the Heritage Act and notification procedures in the event that any cultural material such as archaeological relics is disturbed or exposed during site works.

 

Geological Heritage

7.     Excavation within the possible extent of the Palaeovalley Area should not be below RL 26 unless endorsed by Randwick City Council and the NSW Heritage Office.

 

Interpretation

8.     The concepts contained in the Interpretation Strategy are to be developed, and detailed design and documentation provided, consistent with the Prince Henry Site at Little Bay Interpretation Strategy prepared by MUSEcape Pty Ltd (revised in October 2005).  Details of interpretation to be incorporated in building fabric and associated landscape works are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  The interpretation of the site is to be implemented in conjunction with the proposed development.

 

Heritage Office

9.     An application under section 60 of the NSW Heritage Act is to be submitted for approval by the heritage Office prior to work commencing.

 

10.    Appropriate protection measures shall be prepared to minimise adverse impacts during and after the transplanting of the 5 identified phoenix Palms to be relocated. These shall be prepared by a qualified arborist and submitted for the approval of the Heritage Office prior to the commencement of construction.  

 

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

 

11.    The land must be remediated in accordance with Council’s Development Consent 1188/02 (as amended). If not already furnished to Council, copies of the relevant Site Audit Statements for the relevant land must be provided to the Council prior to any building works commencing.

 

12.    No infrastructure or construction works are permitted to be undertaken unless the subject land has been remediated in accordance with consent 1188/02 (as amended) and all contamination and cross contamination issues have been addressed and the land is the subject of either a Site Audit Statement or a Clearance Instruction.

 

13.    The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the Community or Council in relation to contamination, remediation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after hours emergency contact number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

14.    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 and Safety Act 2000 and Regulations there under.

 

15.    Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council immediately.

 

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:

 

16.    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).

 

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

 

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

 

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

 

The following conditions are applied to ensure compliance with the Food Act 2003 and to ensure public health and safety:

 

20.    A separate Development Application is required to be submitted to and approved by Council with regard to the fit out and operation of the food premises prior to occupancy of the café.

 

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

 

21.    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.

 

22.    The building is classified as a Class 9b place of public entertainment at ground floor level and Class 7a car park at basement level.

 

All 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. (Particular attention should be given to the relevant provisions of Sections D,E,F & H of the BCA.).

 

23.    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.

 

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

 

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

 

ii)         appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)        notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

26.    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”.

a.  An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

27.    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.

 

28.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

31.    A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

32.    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.

 

33.    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.

 

34.    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.

 

35.    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:

 

36.    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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

38.    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.

 

39.    A report prepared by a suitably qualified and experienced consultant 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.

 

40.    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.

 

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

 

a)       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.

 

b)       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.

 

c)       Building materials, sand, soil, waste materials, construction equipment or other materials or articles 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.

 

d)       Bulk bins, waste containers or other articles must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container or other articles in a public place can be made to Council’s Building Services section.

 

Certain waste containers (less than 3m in length) which are located in approved locations upon the road for a limited period may be exempt from approval, subject to compliance with the Roads & Traffic Authority Guidelines and Requirements, Council’s Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.

 

e)       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.

 

f)        A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

g)       The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

h)       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.

 

i)      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.

 

42.    A separate development application is required to be submitted to and approved by Council for the use of the premises as a Place of Public Entertainment prior to commencing any public entertainment. The plans accompanying the application must identify the location of the public entertainment areas (in colour), location of exit stairways, exit doors, dimensions of exits, floor areas, seating/table arrangements, stage areas and location of each of the essential fire safety measures. The application must also indicate the type of entertainment to be provided, days of public entertainment (e.g. Fridays & Saturdays), the maximum number of proposed patrons and the number of staff.

 

43.    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.

 

44.    During 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.

 

45.    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.

 

46.    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.

 

47.    The removal, storage, handling and disposal of  materials and all building work must be carried out in accordance with the following requirements (as applicable):

 

·        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 – Guidelines and Codes of Practice

·        Australian Standard 2601 (2001) – Demolition of Structures

·        Randwick City Council’s Asbestos Policy

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

·        Relevant Department of Environment & Climate Change (DECC) / Environment Protection Authority (EPA).

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.

 

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

 

48.    Access, facilities and car parking for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 & AS2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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:

 

49.    The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration to other premises or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

50.    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).

 

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

 

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

 

52.    Prior to the issuing of a construction certificate for the proposed development, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

·       Cleaning arrangements, hygiene, safety and amenity.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Waste Management Officer on 9399 0520.

 

Traffic conditions/Civil Works Conditions

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

 

53.    Prior to the issuing of an Occupation Certificate the applicant must either:

 

a.   meet the full cost for Council or a Council approved contractor to remove the existing vehicular crossing and construct a new full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site; OR

 

b.   demonstrate to the satisfaction of Council and the Certifying Authority that the existing vehicular crossing has been constructed in accordance with the required “heavy duty” specification and in such a manner as to minimize any potential for vehicular scraping when entering / exiting the development site. This condition is required because the existing vehicular crossing does not appear to be constructed to the heavy duty specification and the gradients/changes of gradient on the crossing appear excessive.

 

All works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4) and the relevant sections of the approved civil works specification for the Prince Henry development site.

 

54.    Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to remove any redundant vehicular crossings and laybacks and to reinstate the area to Council's specification.

 

55.    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.

 

56.    The vehicular access, ground level carparking and the basement carpark (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with this requirement, particular attention should be given to the design gradients along the inside edge of the proposed internal driveway.

 

57.    The interface between the ramp down to the basement carpark area and the ramp up to the garbage, loading and deliveries area must be suitably delineated and, as a minimum, a railing must be installed. Details of the proposed treatment of the interface must be submitted with the Construction Certificate Application for approval by the Certifying Authority.

 

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

 

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

 

Alignment Level Conditions

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

 

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

 

·                      2.5% above the top of kerb at all points opposite the kerb, along the full site frontage.

 

The design alignment level at the property boundary must be strictly adhered to. The applicant is advised to contact Council’s Development Engineer Coordinator on 9399 0924 to discuss the alignment levels issued prior to lodging the Construction Certificate Application.

 

60.    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.

 

Service Authority Conditions

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

 

61.    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.

 

62.    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.

 

63.    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.

 

64.    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.

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

Drainage Conditions

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

 

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

 

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

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection/s into the bio retention swale located along the eastern site boundary. 

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

67.    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.

 

68.    Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from the development site being discharged through the site’s underground drainage system into the bio retention swale located along the eastern site boundary. All new pipelines discharging into the bio-retention swale must be suitably designed with a headwall and appropriate scour protection to the satisfaction of the certifying Authority.

 

69.    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.

 

70.    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.

 

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

 

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

 

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

 

a)        Finished site contours at 0.2 metre intervals;

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

c)        Details of any infiltration/absorption systems; and

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

 

74.    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.

 

75.    As the above site may encounter seepage water within the depth of the basement excavation the basement carpark or similar structures are to be suitably waterproofed. Should the development site encounter significant seepage flows the basement carpark or similar structures must be fully tanked.  A Structural Engineer\Geotechnical Engineer shall certify that the tanking and/or waterproofing have 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 or into the bio retention swale and is not to be discharged to Council’s kerb & gutter.

 

b)    If significant seepage flows are encountered adequate provision is to be made for the seepage water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the seepage water through the development site). Minor seepage flows can be collected by a suitably designed subsoil drainage system and discharged into the bio retention swale. 

 

Waste Management Conditions

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

 

76.    The garbage room area must be designed so as to be able to contain a minimum total of 12 x 240 litre bins (minimum 6 garbage bins & 6 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the Certifying Authority for the construction certificate.

 

77.    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. The waste storage areas shall be clearly signposted.

 

78.    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.

 

Landscape Conditions

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

 

79.    Detailed landscape drawings and specifications which have been prepared in accordance with the landscaping performance criteria and controls for Precinct 5, as set out in the Prince Henry Site Development Control Plan dated 8 December 2004, shall be submitted to, and be approved by the certifying authority, prior to a construction certificate being issued.  A copy of the approved plan shall be forwarded to Council if Council is not the certifier for the site.

 

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

 

Note:      All species proposed for the landscaped areas shall be selected from the list of suitable native species provided in Appendix A of the Prince Henry Site Development Control Plan, dated 8 December 2004.

 

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

 

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

 

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

 

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

 

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

 

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

 

80.    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.

 

81.    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.

 

82.    The naturestrip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

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

 

84.    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.

 

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).

 

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 D3                 -     Access for people with disabilities

c)     Part E1                  -     Fire fighting equipment

d)     Part E2                  -     Smoke Hazard Management

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

f)      Part F1                  -     Damp and weatherproofing

g)     Part F4                  -     Light and ventilation, in particular, the car park

h)     Section H              -     Special Use Buildings

i)      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.

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

ROGER QUINTON

DIRECTOR, CITY PLANNING  

COORDINATOR DEVELOPMENT ASSESSMENT


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

25 October, 2007

FILE NO:

DA/1032/2002/D & PROP043379

 

PROPOSAL:

 Amend Condition No. 2 to remove the need to render both sides of the rear boundary wall

PROPERTY:

 23 Hannan Street, Maroubra

WARD:

 Central Ward

APPLICANT:

 Mr. Frank Blake

OWNER:

Mr L Z Liao & Ms Y Ng

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Planning Committee as the original application was determined by Council.

 

The original application DA/1032/2002 proposed alterations and additions to the existing dwelling house including new fences to the front, side and rear of the property and landscaping. The fencing as part of this application proposed a maximum height of 2.7m. The application was approved by Council, subject to a condition requiring that the maximum height of the rear boundary fence be 2.3m.

 

A subsequent Section 96 application DA/1032/2002/C proposed to increase the height of the northern, southern and eastern boundary fencing from 2.3m to 2.4m as the rear boundary fence had been constructed higher than stipulated by the conditions of consent. The rear boundary fence was approved by Council at the maximum height of 2.4m, with a condition included by Council for rendering to both sides of the fence. 

 

This application proposes the modification of the previous approval by modifying Condition No. 2 of the development consent to reduce the extent of rendering to the height of the existing boundary fence. The applicant therefore wishes to retain the existing timber paling boundary fence adjoining 90 Storey Street (the rear neighbour) and not render below the height of the existing timber paling fence.

 

One (1) objection has been received which details that the applicant has previously removed the timber paling fence in order to construct the brick boundary wall, therefore removing the fence to complete the rendering and painting should be conducted. The objector states that the previous fence height was previously built higher than stipulated by Council conditions and notes that this raised height was approved by Council upon the lodgement of a Section 96 application. The objector points to the condition placed on the development which specifically states that “the rear fence shall also be rendered on both sides”. The objector has noted that they would be prepared at their own cost to remove the timber paling boundary fence to allow the applicant to complete the rendering.

 

It is considered that if the rendering to the brick boundary fence is not completed to cover both sides of the boundary fence it will detract from the visual amenity of the property at No. 90 Storey Street by reducing the consistency of the appearance of the boundary fence, especially as the portion not rendered may be visible from neighbouring properties should the existing timber paling fence be removed.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

The application proposes to modify condition 2 to reduce the extent of rendering to the rear boundary fence. The proposed rendering is proposed to stop at the top of the existing timber paling boundary fence adjoining 90 Storey Street.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Hannan Street between Storey Street and Runic Lane in Maroubra and is presently occupied by an existing two storey dwelling. The site has a frontage width of 10.97m, a side boundary depth of 31.4m and has an overall site area of approx. 344m². Neighbouring the property to the north is a single storey dwelling, to the south is a two storey dwelling and to the rear is a two storey dwelling. The surrounding area is residential in character and consists predominantly of single storey dwellings with a small number of two storey dwellings.

 

4.    SITE HISTORY

 

a.    APPLICATION HISTORY

 

A number of relevant applications are present on Council’s records, including:

 

DA/1032/2002

Proposed changes to the existing dwelling house including new fences to the front, side and rear of the property and landscaping.

Approved by Council meeting:

7-Mar-2003.

 

DA/1032/2002/A

Section 96(1A) Modification proposing changes to the eastern boundary fence.

Approved:

18-Nov-2003.

 

DA/1032/2002/B

Section 96(1A) corrected the conditions for the rear fence along the eastern boundary. Solid brick rear fence to have a maximum height of 2.3m

 

Approved:

14-Jan-2004.

DA/1032/2002/C

Section 96(2) – Increase in height of boundary wall on eastern, southern and northern boundaries

Approved by Council meeting:

5-Dec-2006.

 

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

One (1) letter of objection was received:

 

Mr. C Rosiello – 21 Hannan Street, MAROUBRA NSW 2035 – on behalf of Mr. G & Mrs. A Rosiello – 90 Storey Street, MAROUBRA NSW 2035

Issue

Comment

Previously when constructing the rear boundary wall the applicant removed the timber paling boundary fence, therefore there should be no issue in removing the timber paling boundary fence in order to undertake the rendering work.

The objector has no objection to the removal of the timber paling fence in order for the rendering to be undertaken.

Noted.

The proposed fencing should not exceed 2.4m as determined by the previous Council and note that the applicants have previously exceeded an approval of 2.3m and Council approved the new height of 2.4m, subject to conditions. One of these conditions included rendering the rear boundary wall on both sides.

Noted.

A timeframe should be issued to the applicant in order to finalise the rendering.

No timeframe for building works can be conditioned by Council however, the final occupation certificate cannot be issued by Council until either rendering is completed or the reduction in the extent of rendering is approved.

 

5.2 Support

No letters of support were received.

 

6.    TECHNICAL OFFICERS COMMENTS

 

The application does not require referral for technical comment.

 

6.2   BUILDING CODE OF AUSTRALIA

 

Under the Building Code of Australia, the classification of the building is:-

Dwelling House – Class 1a, Non-habitable building/structure – Class 10a/10b.

 

7.    MASTER PLANNING REQUIREMENTS

 

The subject site is less than 4000m² and therefore a master plan is not required.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-        Environmental Planning and Assessment Act 1979 as amended;

-       Randwick Local Environmental Plan 1998;

-       Development Control Plan – Dwelling Houses and Attached Dual Occupancies;

-       Building Code of Australia;

 

(a)      Randwick Local Environmental Plan 1998

 

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

 

9.    SECTION 96 AMENDMENT

 

9.1      Substantially the same


Council may only approve an application under section 96(2) of the Act if “it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all) under this section”.

 

The proposal will not result in a change to the essence of the original application and the works will result in an application that is substantially the same as that for which consent was originally granted.

 

9.2 Consideration of submissions

 

The owners of the adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  The submissions received as a result of this notification have been considered under Section 5 - Community Consultation.

 

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    Development Control Plans and Council Policies

 

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 assessment below assesses the proposal against the preferred solutions, and where non-compliance results, assessment is made against the relevant objectives and performance requirements.

 

Fences

The proposed modification includes reducing the extent of rendering to the rear boundary wall. It is considered that if the rendering to the brick boundary fence is not completed to cover both sides of the boundary wall it will detract from the amenity of the boundary fence by reducing the consistency of the appearance of the boundary fence, especially as the portion not rendered may be visible from neighbouring properties should the existing timber paling fence be removed.

 

11. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome:               Excellence in urban design.  

Direction 5a:          Improved design and sustainability across all development.

 

12. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

13. CONCLUSION

 

The proposal is permissible with consent in the Residential 2A zone but does not comply with the relevant assessment criteria of the DCP for Dwelling Houses and Attached Dual Occupancies as reducing the extent of rendering will have amenity impacts on neighbouring properties by reducing the consistency of the appearance of the boundary fence.

 

 

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 1032/2002 to Amend Condition No. 2 to remove the need to render both sides of the rear boundary wall at 23 Hannan Street, Maroubra for the following reasons:

 

1.     The proposal will detract from the visual amenity of the adjoining property at No. 90 Storey Street.

 

ATTACHMENT/S:

Nil

 

 

 

 

 

 

 

………………………………

 

 

………………………………

SIMA TRUUVERT

SACHA KALESS

DIRECTOR, CITY PLANNING  

STUDENt ASSESSMENT OFFICER


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

24 October, 2007

FILE NO:

DA/371/2007 & PROP012933

 

 

PROPOSAL:

 Change of use and fit-out of the existing basement level shop to a natural therapy and reflexology centre with hours of operation 10.00am to 7:30pm daily

PROPERTY:

 775 Anzac Parade, Maroubra

WARD:

 Central Ward

APPLICANT:

 J Zhang

OWNER:

 Mr A Balafas

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Planning Committee as the proposal involves therapeutic massage. Specifically, the proposal involves the change of use and fit-out of the existing basement level shop to a natural therapy and reflexology centre with hours of operation 10.00am to 7.30pm daily.

 

The natural therapy component of the use includes using pastes, oils and ointments blended from various Chinese herbs and applied during a massage session (non-sexual). A small selection of herbs will also be offered to the customer for purchase.

 

The reflexology component consists of a foot massage and applying pressure to specific parts of the foot.

 

A visit to the subject premises indicates the proposed use is currently operating and has been fitted out with two partitioned rooms. It is considered that the proposal is a sham application in that the applicant has not demonstrated to Council that the premises will be operated without the provision of any sexual services. In this regard, the exact nature of the  natural therapy services to be provided have not been adequately detailed nor are the qualifications of the employees that have been provided, demonstrate that the premises will be used for a legitimate purpose. Further, the applicant has not provided adequate details of the advertising signage for the premises and the premises is currently advertised in the Adult Services section of the local newspaper, which is further evidence that sexual services are intended to be provided.

 

The application is therefore recommended for refusal.

 

2.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Anzac Parade between Maroubra Road and Wise Road in Maroubra and is presently occupied by an existing part one, part two storey building with basement below, and retail/commercial use on the ground floor and above. The site has a frontage width of approx. 5.5m, a side boundary depth of approx. 67m and has an overall site area of approx. 368.5m².  Neighbouring the property to the north is a single storey commercial building, to the south is a two storey commercial building and to the rear is a rear lane. The surrounding area is commercial in character; however, consists of a mixture of residential and commercial properties including residential flat buildings, single storey dwellings and commercial premises. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site and surrounding area

3.    SITE HISTORY

 

A number of applications are present on Council’s records for the subject site, including:

 

31/775 (L.10436 – 71/109/8971)

To use the existing shop for the sale and storage of nursery furniture and children’s wear.

Approved.

18 Nov, 1971

31/775/D-96/77

To use existing shop premises as a liquor store.

Approved.

08 Jul 1977.

31/775

To erect a two (2) under awning signs, above awning sign,

Approved.

01 Feb 1991

31/775/D-305/96

To use the existing retail premises as a video shop and erect signage.

Approved.

1 Aug 1996.

31/775/D-125/97

To use the shop as an Asian supermarket and carry out associated installations including signage.

Approved.

06 May 1997

DA/950/2005

To use the existing shop at the basement level as an adult bookshop and clothing shop between 10am and 12.30am daily, including minor internal fit-out.

Refused:

02-Feb-2007.

 

 

 

4.    ZONING AND STATUTORY CONTROLS:

 

The site is zoned under General Business 3A of the Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent.

 

The proposal has been assessed in relation to compliance with the following controls:-

 

-       Randwick Local Environmental Plan 1998;

-        Environmental Planning and Assessment Act 1979 as amended;

-       Development Control Plan – Maroubra Junction Town Centre, Parking;

-       Building Code of Australia.

 

5.    TECHNICAL OFFICERS COMMENTS

 

5.1      Internal Referrals

The unauthorised use of the premises has been referred to the Manager Health, Building and Regulatory Services for appropriate action.

 

5.2      BCA Classification

Under the Building Code of Australia, the classification of the building is:  Retail products and services – Class 6.

 

6.    SECTION 79C ASSESSMENT:

 

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

 

6.1      Environmental Planning Instruments

 

Randwick Local Environmental Plan 1998

The proposal is inconsistent with the general aims of the Randwick Local Environmental Plan 1998 (RLEP 1998) and the specific objectives of the General Business 3A zone in that the proposed activity will not enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

Clause 42D Maroubra Junction Town Centre

An objective of this clause is to “encourage a vibrant and active town centre that provides a range of facilities and services that benefit the locality and local government area”. The proposal does not comply with this objective as it is unlikely that the premises will be operated as bona fide natural therapy clinic.

 

6.2      Draft Environmental Planning Instruments

 

There are no applicable draft environmental planning instruments.

 

6.3      Development Control Plans

 

Development Control Plan – Maroubra Junction Town Centre

The subject site is located in Block 10 of the Maroubra Junction Town Centre. The proposal will satisfy the objectives of Block 10 by providing a retail service along Anzac Parade which will contribute to the mixture of uses. The proposal does not involve any external changes to the exterior of the existing building therefore the proposal will not increase the size and scale of the building.

 

No details of signage have been included in this application. In ascertaining the nature of the proposed massage therapy, advertising details of the proposed business is required as the details of the type of business and services offered are often easily determined by the content of the advertising sign. The applicant has failed to provide this information and consequently the exact nature of the massage therapy cannot be established.  Further, the premises is currently advertised in the local newspaper in the Adult Services section which indicates that sexual services are intended to be provided. Accordingly, the application is not considered to be a bona fide application.

 

Development Control Plan – Parking

The proposal has been assessed in accordance with Council’s DCP for Parking. Given that the proposal uses the existing basement level shop area and there is no increase in the floor area of the shop, it is considered that the proposal will not generate any additional parking requirements or traffic pressures. Currently the subject site has rear lane access on-site car parking however the town centre is serviced by public transport and patrons are encouraged to use the available parking along Anzac Parade and surrounding streets.

 

7.    Nature of the Use

 

The material provided with the application does not adequately describe a development for the purpose for which approval is sought. Details of the specific nature of the massage therapy, type of services offered, qualifications of employees and any signage for the proposed business was not provided was not provided with the application upon lodgement.

 

In order to clarify the proposed use of the premises, and in order to verify the capacity of the applicants to carry out the proposed use, the applicant was requested to submit additional information to support their application. Additional information was subsequently submitted wherein the applicant states that the massage therapy is for stress management and relaxation therapy only and that no sexual services will be offered on the premises. Details of the qualifications of the employees were also submitted but do not include suitable professional qualifications in massage therapy and there is nothing to indicate that the employees of the premises are limited to the persons with the qualifications provided.

 

The information provided cannot support the use of the premises for natural massage therapy and does not demonstrate that the employees have the suitable professional qualifications to adequately operate this business as a natural massage therapy centre. Further, the applicant has not provided any evidence of existing customers with referrals from doctors or detailed any advertising other than that which currently exists in the Adult Services section of the local newspaper.

 

The proposal is therefore considered to be sham application.

 

8.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 6:    A liveable city.

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

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

 

10. CONCLUSION:

 

The applicant cannot demonstrate that the application is a bona fide application with regard to the proposed use. The application is therefore recommended for refusal.

 

RECOMMENDATION:

 

A.         THAT Council as the consent authority refuses development consent under Section 80 of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/371/2007 for the change of use and fit-out of the existing basement level shop to a natural therapy and reflexology centre with hours of operation 10.00am to 7.30pm daily at 775 Anzac Parade, Maroubra for the following reasons:

 

1.       The application is not a bona fide application in that the proponents have not demonstrated to Council that the premises will be operated without the provision of any sexual services.

 

2.       The exact nature of the  natural therapy services to be provided have not been adequately detailed nor are the qualifications of the employees that have been provided demonstrate that the premises will be used for a legitimate purpose.

 

3.       Tthe applicant has not provided adequate details of the advertising signage for the premises and the premises is currently advertised in the local newspaper in the Adult Services section which is further evidence that sexual services are intended to be provided.

 

4.       The proposal is not in the public interest.

 

ATTACHMENT/S:

Nil 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

Kerry KYRIACOU

DIRECTOR, CITY PLANNING

MANAGER DEVELOPMENT ASSESSMENT


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

26 October, 2007

FILE NO:

DA/937/2005/A & PROP022042

 

PROPOSAL:

 Section 96(2) - Modification of approved development by alteration to first floor building line, new openings in southern elevation, alteration to fencing, BBQ area, alteration to opening at ground floor, internal alterations, addition of pergola, alterations to slab levels, alteration to facade, re-tiling of roof and alteration to drainage.

PROPERTY:

 6 Mooramie Avenue, Kensington

WARD:

 West Ward

APPLICANT:

 Tobias Partners Pty Ltd

OWNER:

 Mr C M Thompson and  Mrs M A Thompson

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Planning Committee as the original application was determined by Council.

 

The Section 96 application is seeking development consent to make modifications to the approved development which involves generally minor alterations to the internal configuration of the dwelling and external modifications which include a new rear ground floor patio and new timber slat privacy screens to the southern and northern sides of the dwelling.

 

The development application was notified to the surrounding properties for two weeks and one submission was received during this period. The objection raised concerns regarding the description of the rear timber louvred screen the bathroom window and the potential adverse impacts to the surrounding properties if the louvres were not fixed in a horizontal position.

 

To address this issue, the applicant submitted additional plans that provided a cross section view of the proposed louvred screens demonstrating that views from inside the dwelling to the private open spaces of the adjoining properties is substantially reduced. With the benefit of viewing the additional details, the design of the louvred screens is considered acceptable. The other modifications are considered relatively minor and will not create any additional impacts to the neighbouring properties or detract from the established streetscape of Mooramie Avenue.

 

The recommendation is for approval subject to conditions.

 

2.    THE PROPOSAL

 

The section 96 application is seeking development consent to make the following modifications to the approved development. The proposed modifications include:

 

Ground Floor

-   New timber slatted bin enclosure to the front car port to Mooramie Avenue along northern side boundary.

-   Reconfiguration of sliding doors to northern and western (rear) elevations within approved opening sizes.

-   New rear pergola.

-   Relocation of BBQ area from southern side boundary to approved area for drying court. New cantilevered bench to BBQ.

-   Relocation of drying court and washing line to approved BBQ area along southern boundary.

-   New pantry room and reduction of floor area to bathroom.

-   Relocation of external shower to adjacent to rear laundry.

-   Demolition of southern rear wall and rebuild as per approved development.

-   Raise ground floor finished level (and outdoor terrace floor level) of approved rear addition from RL 23.48 to RL 23.62 to match new outdoor terrace floor level.

 

First Floor

 

-   Modification of master bedroom into two smaller bedrooms.

-   Modification of ensuite and walk-in-wardrobe.

-   New external timber louvred screens to stair case windows on southern elevation and to window to void along northern elevation.

-   High light windows to rooms along southern boundary with sill height above first floor level of 2m.

-   Raise first floor level from RL 26.78 to RL 26.855.

-   Extend length of internal wall to provide wall for new bedroom.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Mooramie Avenue, Kensington and is presently occupied by a single storey dwelling.  The site is regular in shape, has a frontage width of 14.02m, a side boundary depth of 42.73m and has an overall site area of 598.1sqm.  Neighbouring the property to the north is a single storey dwelling, to the south is a single storey dwelling and to the rear is a double storey dwelling.

 

The surrounding area is residential in character and consists predominantly of residential dwellings. Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure 1: The subject site (highlighted in yellow) and surrounding area.

 

4.    SITE HISTORY

 

4.1      History of Site Usage

Previous relevant applications submitted for development on the site includes:

Development No.

Description

Determination

DA/937/2005

New two storey rear addition to an existing dwelling house including new balcony on the first floor level

Approved at the 11 April 2006 Ordinary Council Meeting.

 

5.    COMMUNITY CONSULTATION:

 

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

 

5.1 Objections

B and A Moore – 3 Cottenham Avenue, Kensington

Issue

Comment

The plans provided with the Section 96 application do not indicate that the louvres to the rear first floor bathroom are to be fixed or that the window shall be frosted or obscure.

The additional detailed plans showing a cross section of the louvred windows indicate that overlooking to other properties will be suitably addressed. Condition no.7 of the development consent requires the rear first floor bathroom window to be obscured and it is noted that  the Section 96 application does not seek to amend this condition.

 

6.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1      Development Engineer

 

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

 

A section 96 application has been received to modify the consent conditions for the residential development at the above site.

 

This report is based on the following plans and documentation:

  Architectural plan by Tobias Partners dated September 2007, stamped by Council 18 September 2007.

  Statement of Environmental Effects by Tobias Partners dated 18 September 2007, stamped by Council 18 September 2007.

 

The alterations that relate to the Development Engineer are:

  Replacement of front fence;

  Upgrade stormwater system.

 

Should the application be approved the conditions included with this memo shall be added.

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Randwick Local Environmental Plan 1998.

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

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

-   Building Code of Australia (BCA).

 

8.1      Environmental Planning and Assessment Act 1979 - Section 96 Amendment

 

8.1.1   Substantially the same

The proposed modifications will involve some internal and external works to the approved development with some changes being visible from the surrounding properties. The internal works are considered to be relatively minor and will not significantly alter the use of the ground or first floor, with the main changes being the creation of a new bedroom to the rear of the first floor. The external changes are mainly to the external windows and openings, with external timber louvres and a new pergola to the rear above the terrace area. The external modifications are considered to maintain the architectural style of the approved development and are deemed to be relatively minor. The new pergola structure at the rear of the dwelling and the reconfiguration of the BBQ and clothes drying areas to the rear yard will not substantially affect the amenity of the adjoining properties are consistent with the approved development.

 

As such the proposed modifications are considered to result in a development that is substantially the same as the approved development.

 

8.1.2   Consideration of submissions

The submission received during the notification period was considered and the issues raised were conveyed to the applicant. As such additional information in the form of detailed plans showing a cross section of the proposed louvres to the rear bathroom window were provided during the course of the assessment.

 

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

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

 

The approved development was lodged prior to 1 October 2006 and as such the submission of a BASIX certificate was not originally required. Consequentially this Section 96 modification is also exempt from the SEPP: BASIX requirements.

 

8.3      Randwick Local Environmental Plan 1998

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and consistent with the objectives of the 2A zone.

 

 

 

 

8.4      Draft Environmental Instruments

 

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

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

 

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

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

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

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

 

The proposed modifications would not achieve compliance with the Draft DCP in respects to permeable landscaped area. Permeable landscaping along the southern boundary is proposed to be replaced with pavers, reducing the total permeable area from 22% to 19%.  To address this non-compliance, a condition has been included with the development consent requiring permeable pavers to be installed along the area of landscaping removed as part of this Section 96 application. It should be noted that the total amount of landscaping does not change, however it will still not comply under the new draft control of 50% of the site area. Whilst numerical compliance with the draft standards is not met it is considered the proposal provides adequate landscaped areas for recreation and will not adversely impact the amenity of the surrounding properties.

 

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

 

8.5      Policy Controls

8.5.1   Development Control Plan Dwelling Houses and Attached Dual Occupancies

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

Landscaping

 

Preferred Solution

Assessment

S1

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

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 65sqm. Complies.

S1

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

The above area has dimensions of 10m x 6.5m. 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.

22% of the site is permeable.

 

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 proposed modifications remove the plantings along the southern side passageway to facilitate the use of this area as a pathway to the proposed storage area under the approved staircase to the southern side of the dwelling. The removal of the plants results in a reduction to the permeable area provided; therefore a condition has been included with the development consent that requires the installation of permeable pavers along this pathway.

As such the total permeable landscaped area of the site remains consistent with the approved development and preferred solutions of the DCP.

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.5:1 applies. 

The proposed modifications will slightly reduce the GFA of the site by 2.8sqm, however not significantly altering the approved non-compliant FSR of 0.53:1. The external modifications to the dwelling, including the external louvres and ground floor pergola structure will not become prominent visual elements, increase the visual bulk and scale of the dwelling and will not detract from the amenity of the neighbouring properties.

 


Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal will lessen the potential for overlooking into adjoining properties through the inclusion of fixed timber hardwood louvred screens to the stair case and void area windows. Condition no.7 of the development consent has been modified to require additional detail pertaining to the length and angle of the louvres to be provided to Council to ensure downwards overlooking into the rear private open space or windows of adjoining properties is prevented at a standing position. 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 proposed modifications raising the ground floor terrace ground level by 170mm will not affect the privacy of adjoining properties. The proposed modifications do not alter the approved first floor rear balconies.

S1

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

The proposed new windows to the southern side at first floor level have sill heights of 2m. Complies.

S3

Buildings comply with AS 371 and AS 2107.

Development consent conditioned to comply with the BCA.

 

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

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

The proposed modifications to the ground floor sliding doors will not increase the size of the approved openings and will not create additional visual privacy impacts to the surrounding properties. The modifications to the first floor will include new highlight or clerestory style windows with sill heights of 2m above first floor level and timber hardwood louvred screens to the windows to the stair case on the southern side of the first floor and to the first floor portion of the full length window to the northern side of the dwelling. Along the southern side of the site, a new door is proposed for access to the proposed storage area located under the stair case and the relocation of the BBQ and clothes drying areas to the rear yard. These modifications are not likely to result in any additional acoustic or visual privacy impacts as the storage area beneath the stairs will be for storage uses and is not accessible from within the dwelling and the relocation of the rear BBQ and as such, intermittently used, and clothes drying areas are unlikely to result in an adverse impact to the amenity of the adjoining southern neighbour as the setback of the BBQ area from the southern boundary is proposed to be increased from a nil setback to 1.45m.

As such the proposed modifications are acceptable in respect to acoustic and visual privacy.

 

8.6      Council Policies

 

None applicable.

 

9.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development

The proposed modifications will maintain the architectural quality of the approved development and the addition of the ground floor pergola and external modifications will compliment the character of the existing and approved dwelling.

 

Outcome 10: A healthy environment

The proposal will improve sun shading to the northern side window and to the rear (western) elevation by constructing a new ground floor vental louvre system pergola to manage and minimise solar access to the extensive glazed areas at ground floor level.

 

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

The proposed modifications will not adversely affect the architectural design of the approved development and will improve solar access management for future occupants of the dwelling. The modifications maintain the character of the approved development.

 

Direction 10a & associated key action: Council is a leader in fostering environmentally sustainable practices.

The proposal will minimise the reliance for mechanical ventilation within the dwelling and will provide future occupants of the dwelling greater control for passive regulation of solar access.

 

10. FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

11. CONCLUSION

 

The proposed modifications comply with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any additional adverse impacts upon either the amenity of the adjoining premises or the character of the locality. The proposal involves generally minor internal modifications and some external modifications that will not detract from the character of the surrounding area or the presentation of the site on the streetscape. The external modifications will be mainly contained at ground level and will not become dominant or distracting visual elements that may affect the enjoyment of the private open spaces of neighbour properties. The proposed modifications to the approved openings will reduce the potential for overlooking and the additional windows to the first floor level exceed the minimum sill height requirements of the DCP and as such will not adversely impact the visual privacy of the adjoining properties.

 

As such the proposed modifications are recommended for approval subject to the following conditions.

 

RECOMMENDATION:

 

A.     THAT Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No.DA/937/2005/A for modification of the approved development by altering the first floor building line, new openings in southern elevation, alteration to fencing, relocating the rear BBQ area, altering the openings at ground floor, internal alterations, addition of a rear ground floor pergola, alterations to slab levels, alteration to facade, re-tiling of roof and alteration to drainage at 6 Mooramie Avenue, Kensington in the following manner:

 

Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered DA03, DA04, DA06, DA07, DA08, DA09 and DA10, dated September 2005 and received by Council on 6 March 2006, the application form and on any supporting information received with the application, as amended by the Section 96 plans drawn by Tobias Partners Pty Ltd, numbered 03, 04, 06, 07, 08 and 09, marked revision E, dated September 2007 and the plan numbered 05, marked revision B, dated September 2007, all received by Council on 18 September 2007, only in so far as they relate to the modifications clouded on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans.

 

Add following conditions:

 

45.     The area to the first floor denoted on the plans as “Roof/Attic Storage” shall not be used as a habitable area and shall only be used as storage area.

 

46.     The path area along the southern side of the site denoted on the plan numbered 03, marked revision E and stamped received by Council on 18 September 2007 as “New paving to existing side pathway” shall be constructed of permeable pavers that allow the infiltration of water into the substrate.

 

47.     The louvered screen to the rear first floor bathroom shall be constructed in accordance with the detailed section diagrams drawn by Tobias Partners Pty Ltd received by Council on 25 October 2007.

 

Alignment Level Conditions

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

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Diagram viewing from rear windows

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PATRICK LEBON

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER

 



 

  

GENERAL MANAGER'S REPORT 45/2007

 

 

SUBJECT:

MALABAR HEADLAND RENEWAL OF LICENCE TO SHOOTERS

 

 

DATE:

1 November, 2007

FILE NO:

F2004/06759

 

 

REPORT BY:            GENERAL MANAGER    

 

 

INTRODUCTION:

 

Randwick City Council has sought the Commonwealth Government’s confirmation of any agreements or commitments made with the NSW Rifle Association regarding the renewal of their licence over the Malabar Headland site and continued use for shooter groups. The Commonwealth Government has recently responded.

 

ISSUES:

 

This matter was reported to Council at its September meeting including correspondence from Local Member Michael Daley MP and Federal MP Peter Garrett. Council’s solicitors wrote to the Commonwealth Government on 14 September (see attachment 1) requesting that no public announcement or undertaking be given to grant a licence and that no decision be made regarding the granting of a renewed licence over this site to the NSW Rifle Association or to any other part until such time the FMP is completed and discussed with all stakeholders as previously recommended by Senator Abetz.

 

Council received a response to this letter (see attachment 2) on 16 October informing Council that an official announcement was made on this matter on 16 September and that Department of Finance and Administration on behalf of the Commonwealth has commenced discussions with various shooting associations to determine the terms of the new licence arrangements. No further details were provided on the nature of the announcement.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 5:    Excellence in recreation and lifestyle opportunities.

Direction 5c:  New open space is created as opportunities arise.

Action:          Advocate the return of Malabar Headland as community open space.

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

 

 

CONCLUSION:

 

Council will continue to pursue these matters with the Commonwealth Government and will raise relevant issues at the next Malabar Headland Interagency meeting scheduled for early December 2007.   Further to this, Council will continue to raise concern over any long term licence to one sporting group over the site and seek confirmation from the Commonwealth that Council will be consulted with prior to finalisation of any licence and its terms.

 

RECOMMENDATION:

 

That the report be received and noted.

 

ATTACHMENT/S:

 

1.                  Letter from Council’s solicitor Shaw, Reynolds, Bowen and Gerathy Lawyers – September 14, 2007.

 

2.       Letter from Hon. Gary Nairn, Special Minister of StateOctober, 16, 2007.

 

 

 

 

 

………………………………

GENERAL MANAGER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 










 

Director, Governance & Financial Services' Report 71/2007

 

 

SUBJECT:

DEVELOPMENT APPLICATIONS FOR OFF STREET RESIDENTIAL CARPARKING SPACES

 

 

DATE:

2 November, 2007

FILE NO:

F2005/00302

 

 

REPORT BY:            DIRECTOR, GOVERNANCE & FINANCIAL SERVICES  

 

 

INTRODUCTION:

 

At the ordinary Council meeting held 24 July 2007 it was resolved (on a motion of the then Mayor, Cr Tracey) that:

 

(a)      Councillors resolve not to use call up powers for a development application on the sole basis of a residential car parking space where the space does not comply with Australian Standard AS 2890.1 Parking Facilities or has a length of at least 5 metres, whichever is lesser; and

 

(b)      Council not rely on the minimum dimension for open car spaces detailed in the Parking and Single Dwelling DCP and assess all the current and future Development Applications against the Australian Standard or a minimum length of 5 metres, whichever is the lesser.

 

Notwithstanding Council’s Resolution, an application for a 4.58m carspace has been referred to the Planning Committee for determination at the request of three Councillors.

ISSUES:

 

It should be noted that at the abovementioned meeting, Council did not amend its Code of Meeting Practice to no longer allow such development applications to be called up to the Planning Committee for determination. So at present this call up is not in breach of Council’s Code of Meeting Practice.

However it is planned to make this amendment to the Code, along with a number of other amendments to the Code resolved recently, immediately following the 2008 Local Government Elections.

 

RELATIONSHIP TO CITY PLAN:

 

The relationship with the City Plan is as follows:

 

Outcome 13:            Excellence in Customer Services.

Direction 13b:          Council’s policies, standards and processes are efficient, effective and support the provision of quality customer service.

 

 

FINANCIAL IMPACT STATEMENT:

 

There is no direct financial impact for this matter.

 

CONCLUSION:

 

As Council’s resolution of 24 July 2007 specifically excludes such call ups from occurring, it is not appropriate to consider the development application for 186 Paine Street, Maroubra being called up.

 

RECOMMENDATION:

 

That:

 

a)       following the 2008 Local Government Elections, Council’s Code of Meeting Practice be amended to include the following clause:

 

          Councillors resolve not to use call up powers for a development application on the sole basis of a residential car parking space where the space does not comply with Australian Standard AS 2890.1 Parking Facilities or has a length of at least 5 metres, whichever is lesser;

 

b)       the Development Application for 186 Paine Street, Maroubra be dealt with by staff under delegated authority.

 

ATTACHMENTS:

 

Nil

 

 

 

 

 

 

………………………………

………………………………

GEOFF BANTING

 

DIRECTOR, GOVERNANCE & FINANCIAL SERVICES