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

 

 

27th 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, 4TH DECEMBER, 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, 13TH NOVEMBER, 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 113/2007 –

15R SNAPE STREET, KINGSFORD. (SNAPE PARK(DEFERRED)

2

6.2                      

DIRECTOR, CITY PLANNING REPORT 114/2007 –

28 WALSH AVENUE, MAROUBRA.  (NAGLE PARK).  (DEFERRED)

20

6.3                      

DEVELOPMENT APPLICATION REPORT –

29 ALFREDA STREET, COOGEE.

41

6.4                      

DEVELOPMENT APPLICATION REPORT –

78 MOVERLY ROAD, MAROUBRA.

55

6.5                      

DEVELOPMENT APPLICATION REPORT –

159 - 171 ANZAC PARADE, KENSINGTON.

77

6.6                      

DEVELOPMENT APPLICATION REPORT –

16A UNDINE STREET, MAROUBRA.

87

6.7                      

DEVELOPMENT APPLICATION REPORT –

385 BUNNERONG ROAD, MAROUBRA.

114

6.8                      

DEVELOPMENT APPLICATION REPORT –

37 MELROSE PARADE, CLOVELLY

127

6.9

DEVELOPMENT APPLICATION REPORT –

6 ARGYLE CRESCENT, KINGSFORD.

139

6.10

DEVELOPMENT APPLICATION REPORT –

33-149 BUNDOCK STREET & 373A AVOCA STREET, KINGSFORD.

163

 

7           Miscellaneous

 

7.1                      

DIRECTOR, CITY PLANNING REPORT 115/2007 - UPDATE ON PREPARATION OF THE COMPREHENSIVE LEP AND DCP.

170

7.2                      

DIRECTOR, CITY PLANNING REPORT 116/2007 - DRAFT CULTURAL PLAN, 'A CULTURAL RANDWICK CITY'.

175

7.3                      

DIRECTOR, CITY PLANNING REPORT 117/2007 - MAROUBRA BEACH URBAN DESIGN REVIEW STUDY.

180

7.4                      

DIRECTOR, CITY PLANNING REPORT 118/2007 - DRAFT AFFORDABLE HOUSING STRATEGY AND ACTION PLAN.

188

 

8           Confidential Items (Closed Session)

 

9           Notice of Rescission Motions

 

 

 

 

 

……………………………………

GENERAL MANAGER


 

Director, City Planning Report 113/2007

 

 

 

SUBJECT:

15R SNAPE STREET, KINGSFORD (SNAPE PARK)

 

 

DATE:

26 November, 2007

FILE NO:

DA/367/2007 & PROP028573

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING      

 

 

INTRODUCTION:

 

A report was referred to the Ordinary Council Meeting on 28 August 2007 for the proposed installation of four (4) 18m high light poles at Snape Park. Council at this meeting resolved (Hughes/Matson):

 

“That this application be deferred for receipt and consideration of the recreational needs assessment.”

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Director, City Planning Report 55/2007 submitted to the 28 August 2007 Council Meeting.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR, CITY PLANNING

MANAGER DEVELOPMENT ASSESSMENTS

 

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 August, 2007

FILE NO:

DA/367/2007 & PROP028573

 

PROPOSAL:

 Installation of four (4) 18m high light poles at Snape Park with two (2) floodlights each.  The proposal also necessitates minor excavation work for a base for the poles and minor trench digging for the supply of electricity to the poles.

PROPERTY:

 Snape Park, 15R Snape Street, Kingsford

WARD:

 Central Ward

APPLICANT:

Randwick City Council

OWNER:

Randwick City Council

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a Council park. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts.  The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light structures as “recreation” uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Snape Park is reasonably large in terms of area and represents an important local facility for formal and informal recreational facilities. The proposal is consistent with the capacity of the Snape Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required. The traffic and lighting issues, as presented in this application, have been assessed and are considered satisfactory.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of local population general physical and social well being. The proposed lighting would allow the park to achieve improved utilisation.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. It is considered that the proposal, on balance, is satisfactory from an environmental planning perspective. It is recommended the application be approved, subject to conditions.

 

2.    THE PROPOSAL

 

The development application proposes the installation of light poles at Snape Park, Kingsford, which will enable increased utility of open space.

 

The installation of lighting poles is primarily necessitated to provide additional football facilities due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of facilities suitable for football in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

·                Installation of four (4) 18m high light poles at Snape Park each with two (2) floodlights.

·                Minor excavation to create a suitable base for the light poles

·                Minor trench digging for the supply of electricity to the poles.

 

The area to be lit by the proposed lighting is an existing football field with a permanent cricket pitch located centrally as is demonstrated within the lighting report prepared by Light Studio 21 Pty Ltd and contained in Appendix B the Statement of Environmental Effects (SEE). 

 

The proposed lighting will make the field available for football activities as well as other recreational activities up to four (4) evenings per week until 9.00pm principally during winter.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Snape Park is located in the Randwick Council Local Government Area (LGA) and is approximately 62, 200m2 in area. Snape Park is bounded by Snape Street to the north, Hannan Street to the east, Storey Street to the south and Percival Street to the west.

 

Snape Park consists of two (2) sporting fields. The main park is centrally located, fenced and can be lit in the evenings with existing floodlights. The second park is located in the south eastern corner, is unfenced and is generally referred to as Snape Park Outer. This field also acts as a stormwater detention basin and includes a permanent cricket pitch. The development the subject of this report relates to Snape Park Outer only.

 

Snape Park also consists of a tennis centre with six (6) courts, a club house in the north east corner of the site as well as an extensive informal and passive recreation area generally to the west of the central field which is regularly used for walking, jogging and dog exercise. Only this informal area is identified for use for dog exercise.

 

The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses. The park contains prominent trees along its perimeter, achieving varied heights of between 4 – 14 metres.

 

Snape Street functions as a two (2) lane collector street and is bounded predominantly by detached and attached dwellings up to two (2) storeys in height. Hannan Street to the east is a local street and contains predominantly attached and detached residential dwellings up to two (2) storeys in height, with the exception of the car park entry to

Mount Sinai College School. Maroubra Public School is located behind the dwellings aligned along the eastern side of Hannan Street. Unrestricted kerbside parking is also available along Hannan Street.

 

Storey Street to the south and Percival Street to the west also function as local streets. These streets consist primarily of attached and detached residential dwellings up to two (2) storeys in height and provide unrestricted kerbside parking.

 

Snape Park is also in close proximity to the Randwick Barracks and the Eastlakes Gold Course.

 

 

 

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application.  In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 1st June 2007.

 

4.1      Submissions in Objection

 

In response to the notification period, five (5) individual submissions were received by Council. The submissions were received from:-

1.    Cathy Starrett, via email

2.    Tracey Teitler, via email

3.    Barbara Leovois, 25 Storey Street, Maroubra.

4     Michelle Riordan- 64 Snape Street

5-    Vicki Park – 33 Hannan Street

 

The issues raised are summarised below:

1.    Noise & Disruption;

2.    Traffic Impact;

3.    Parking Impact

4.    Residents living close by will experience light spill;

5.    Nightlight will disturb residents;

6.    Deterioration of the park from football use – park’s grass is not strong enough to withstand further intensification;

 

Noise & Disruption

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The level of noise impact from the likely activities is considered compatible with the noise impact associated with a public park and will cease by approximately 9.00pm. Additionally, a singular additional field is proposed to be lit. A single field has limited capacity and is considered to be in keeping with the expectations of Snape Park considering its size.

During the brighter summer months, the sports fields are free to be used without time limitation. Any noise and disruption experienced will be no greater than what can be experienced without regulation over the summer months.

Some noise and vibration will occur during construction from the use of machinery; however, these works will be restricted to standard construction hours over a limited timeframe. Adjoining properties will not experience any significant impacts due to the minor nature of the works. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

 

Traffic & Parking

In response to concerns over traffic and parking, a traffic and parking assessment has been carried out by GTA Consultants Pty Ltd and is contained within appendix C of the SEE. This report determined that the proposal would generate a parking requirement of between 14 and 33 spaces and that the existing supply of on-street parking spaces directly adjoining the site on Storey Street (between Nevorie Crescent and Hannan Street) and Hannan Street (between Storey Street and Runic Lane) is capable of accommodating the expected increase in parking demand.

 

The report also found that the site is expected to generate up to 33 additional vehicle movements on Storey Street and Hannan Street during the expected peak period of 7.00pm and that there is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

 

The report states that the traffic generated by the proposed development will not compromise the safety or functions of the surrounding road network, or result in significant adverse impacts upon adjoining residents.

 

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

 

      Light Spill

The design of the chosen light poles was carefully considered by independent specialist lighting consultants. The option which is currently proposed comprises an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The lighting design has been prepared to comply with the applicable AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property from lighting.

 

Deterioration of Park from Football Use

The need for lighting has derived from the need to provide additional football activities due to the increase in the popularity of football sports within the eastern suburbs region. Due to the shortage of training facilities in the locality, this has resulted in additional wear and deterioration to the playing surfaces of existing parks, with the effect of poor quality recreational space for football competition matches and other park users. In an aim to lessen the impacts upon existing parks, and to improve the playing surface for all park users, Snape Park was identified as a suitable sporting ground to accommodate football activities and other active sports.

 

5.    TECHNICAL OFFICERS COMMENTS

 

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

 

 

5.1    Environmental Health Comments

 

The ongoing use of this park and the potential impact on residential amenity by the intensification of use proposed by this DA shall be addressed with appropriate conditions.

 

The issue of nuisance from light spill has been addressed in the Statement of Environmental Effects (SoEE) Appendix B Lighting Technical Report undertaken by Light Studio 21 Pty Ltd. There are two relevant Australian Standards, being:

 

·                AS/NZS 2560.2: Sports lighting-lighting for football (all codes)

·                AS/NZS 4282: Control of the Obtrusive Effects of Outdoor Lighting

 

This report concludes that the proposed competition level lighting system complies in all aspects required by the relevant Australian Standards. Conditions requiring compliance with these Australian Standards are to be included in any consent given.

 

RECOMMENDATION

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

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

- Randwick Local Environmental Plan 1998

- Local Government Act 1993

- Companion Animals Act 1998

 

7.    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.

 

8.1  Randwick Local Environmental Plan 1998

 

Zoning and Permissibility

 

The site is zoned 6A Open Space under Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.


 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of lighting will enable greater utilisation and enjoyment of the public open space

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

The subject site is currently nominated for use as public open space.

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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

 

The park does contain prominent trees along its perimeter, achieving varied height of 4-14 metres. The proposal does not necessitate removal or significant alteration of such trees.

 

The excavation work associated with installation of the proposal poles is minor and will have negligible impact on existing natural features and systems of the site.

(e) to enable the sustainable management of the land.

The proposal enables the sustainable management of the land by satisfying the Action Plan nominated in the ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) 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 that land, and

The applicant has referenced the community demand for organised football in the area along with the absence of suitable alternative training facilities.

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

The proposed development, as well as enabling the use of the park for organised football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking, dog-walking and informal games. Such use of the park is currently impeded during the winter months.

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

The subject park is currently used for passive recreation and is also used as a sports field. These uses operate simultaneously during the summer months. The current proposal will merely extend the ability for these uses to operate for four (4) winter evenings a week.

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

The existing use of Snape Park for social recreation and as a sports field will continue.

(2A) Despite clause 18, the Council may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

Part 4 – Heritage

In accordance with Randwick LEP 1998, the subject site is not identified as a Heritage Item and is not located within a conservation area. The site is not situated in the vicinity of a heritage item or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little impact on the landscaping surrounding the park.  The perimeter edge of the park is lined with substantial mature trees which provide a visual screen between nearby properties and the lighting.  These trees will remain unaffected by the proposal.

The proposal is adequate in terms of landscaping.

 

Height, Form & Materials

The proposed lighting has been designed in accordance with the two (2) relevant Australian Standards governing outdoor lighting systems being AS/NZS 4282-1997 “Control of the Obtrusive Effects of Outdoor Lighting” and AS /NZS 2560.2.3 “Lighting for Football (all codes)”.

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field lighting efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass – floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

The proposed light poles are consistent in terms of heights and materials with the existing floodlights used for the main field in Snape Park.

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the surrounding environment. Accordingly, the proposal will not have an adverse visual impact on the natural features that contribute to the character of the park and will not result in significant visual impacts upon the locality.

Some noise and vibration will occur during construction from the use of machinery; however, these works will be restricted to standard construction hours over a limited timeframe. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The use of the park for football training sessions will result in an increase in noise impacts. However, such noise impacts are considered compatible with the noise impact associated with a public park and these events will cease by 9.00pm on the four (4) nights a week which they will occur. It is noteworthy that other sporting activities can occur freely any night of the week during summer months when daylight hours are not impeded. Therefore noise should not be a consideration in planning terms.

 

The lighting design has been prepared to comply with the relevant AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property from outdoor lighting.

 

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

·             The proposal would generate a peak parking requirement of between 14 and 33 spaces;

·             The existing supply of on-street parking spaces directly adjoining the site on Storey Street and Hannan Street and the available off street parking on Storey Street is capable of accommodating the expected parking demand;

·             The site is expected to generate up to 33 additional vehicle movements on Storey Street and Hannan Street during the expected peak period of 7.00pm; and

·             There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park; through the use of its booking system for public park usage should problems arise.

8.2  Local Government Act 1993

 

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below:

 

 

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing passive recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, dog-walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, including photomontages and invitation to make submissions to Council.

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

8.3  Companion Animals Act 1998

 

Snape Park is identified as a public place within which dogs are allowed ‘off-leash’. However, they are limited to the outer edges of the main sports fields. Given that dogs are currently not allowed in the nominated area, the proposed lighting installation and the subsequent use of the park for football training sessions can operate simultaneously.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    CONCLUSION

 

The development proposed under this application meets the objectives and performance requirements of the Council. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the park and its locality. The proposal will increase access by members of the public to public facilities with potential social and physical improvements for the local population. It is recommended the development application be approved subject to compliance with conditions of consent.

 

 

 

RECOMMENDATION:

 

A.    That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 367/2007 for development comprising minor excavation to create a suitable base for four (4) light poles, installation of four (4) 18 metre high light poles; minor excavation and trench digging as required to supply electrical infrastructure to the light towers; to facilitate the use of the sports field primarily for football activities as well as other recreational activities until 9.00pm, on four (4) evenings per week during winter, subject to the following conditions:

 

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

 

1.   The development must be implemented substantially in accordance with the plans numbered 5376 A-004, revision C and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

2.   A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282-2997 Control of Obtrusive Lighting prior to the commencement of the use of the sports fields for football activities.

 

3.   The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

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

 

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

 

5.   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.

 

6.   The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.   The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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:

 

8.   The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

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

 

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

 

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.

 

10. All new 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.

 

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

 

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

 

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

ii)    appoint a principal contractor for the 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 works.

 

13. The 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 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.

 

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

 

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

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

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

 

15. An Occupation Certificate must be obtained from the Principal Certifying Authority encompassed in this development consent, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

16. 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.

 

17. 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.

 

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:

 

18. 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 contractors for assessment.

 

19. All excavations and backfilling associated with the erection of the light towers 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.

 

20. Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all 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 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.

 

21. Noise and vibration emissions during the construction of the light towers 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the work 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.

 

Temporary fences or 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 site 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.

 

25. A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road 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 (grater than 3m in length) or any container or other article.

 

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

 

26. 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 the issuing of occupation certificate, which certifies the structural adequacy of the light towers and that the works complies with the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

 

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

 

29. Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

30. In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposal light poles, the following measures are to be undertaken:

 

a.   All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.   There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 



 

Director, City Planning Report 114/2007

 

 

SUBJECT:

28 Walsh Avenue, MAROUBRA  (Nagle Park)

 

 

DATE:

26 November, 2007

FILE NO:

DA/370/2007 & PROP005479

 

 

 

REPORT BY:            DIRECTOR, CITY PLANNING    

 

 

INTRODUCTION:

 

Council considered a rescission motion at the Ordinary Council Meeting on 25 September 2007 for the proposed installation of eight (8) 18m high light poles at Nagle Park. Council at this meeting resolved (Matson/Nash):

 

“That this matter be deferred until Council has had the opportunity to consider the Recreational Needs Study.”

 

RECOMMENDATION:

 

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

 

ATTACHMENT/S:

 

Director, City Planning Report 54/2007 submitted to the 28 August 2007 Council Meeting

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

KERRY KYRIACOU

DIRECTOR, CITY PLANNING

MANAGER DEVELOPMENT ASSESSMENTS

 

 


Development Application Report

 

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

14 August, 2007

FILE NO:

DA/370/2007 & PROP005479

 

PROPOSAL:

 Installation of eight (8) 18m high light poles at Nagle Park.  Six (6) of the poles will include three (3) floodlights and two (2) poles will include two (2) floodlights. The proposal also necessitates minor excavations to create a base for the poles and minor trench digging for the supply of electricity to the poles.

PROPERTY:

 28 Walsh Avenue, Maroubra (Nagle Park)

WARD:

 Central Ward

APPLICANT:

 Randwick City Council

OWNER:

 Randwick City Council

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 


1.    EXECUTIVE SUMMARY

 

The development application is referred to the ordinary meeting of Council as the application involves works in a Council park. The subject application was submitted on the 16 May 2007 and subsequently notified for a 14 day period.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act.  This process included having regard to relevant provisions of Randwick Local Environmental Plan 1998 and the Local Government Act 1993.

 

The main issues considered in the assessment are the effects on adjoining properties in terms of light spill and traffic impacts as well as accessibility to the park by those living in proximity. The use of the park for “recreation” does not require development consent.  Whilst the application notes the intended use for football activities, the development consent (if granted) would only need to apply to the installation of the light structures as recreation uses do not require development consent pursuant to the Randwick LEP 1998. Additionally, Council can control the intensity of the use of the park and hence, the impact generally on the locality, via the number of bookings it allows to members of the public.

 

Nagle Park is reasonably large in terms of area and represents an important local facility for formal and informal recreational facilities. The proposal is consistent with the capacity of the Nagle Park.

 

It is expected that existing recreational uses (both active and passive) will continue to use the park if lighting is provided.  These uses can also be undertaken during the summer months when lighting is not required.  The traffic, lighting and access issues, as presented in this application, have been assessed and are considered satisfactory.

 

The proposed development would improve the public’s access to public parkland, with likely beneficial impacts in terms of local population general physical and social well being. The proposed lighting would allow the park to achieve improved utilisation.

 

The proposed development is in compliance with the controls and objectives of Randwick LEP 1998 and responds to the constraints presented by the site in terms of the amenity of the adjoining residential dwellings. For these reasons it is considered that the proposal, on balance, is satisfactory from an environmental planning perspective.  The recommendation is for approval, subject to conditions.

 

2.    THE PROPOSAL

 

The development application proposes the installation of light poles at Nagle Park, Maroubra, which will enable increased utility of open space.

 

The installation of lighting poles is primarily necessitated to provide additional football training facilities due to the increase in popularity of football sports with the eastern suburbs region. A shortfall of training facilities in the region has resulted in unsustainable wear and deterioration to the playing surface of existing parks, with the effect of producing sub-standard public facilities.

 

The proposal primarily includes the following:

·             Installation of eight(8) 18m high light poles at Nagle Park. Six (6) of the poles will include three (3) floodlights and two (2) poles will include two (2) floodlights.

·             Minor excavation to create a suitable base for the light poles

·             Minor trench digging for the supply of electricity to the poles

 

The area to be lit by the proposed lighting are two adjoining football fields as is demonstrated within the lighting report prepared by Light Studio 21 Pty Ltd and contained in Appendix B of the Statement of Environmental Effects (SEE).  Field 1 is located at the Wild Street end of Nagle Park while field 2 is centrally located within the park.

 

The proposed lighting will make the field available for football activities, as well as other recreational activities up to four (4) evenings per week until 9.00pm principally during winter.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

Nagle Park is located in the Randwick Council Local Government Area (LGA) and is approximately 32,200m2 in area. Nagle Park is bounded by Holden Street to the north, Walsh Avenue to the south, Wild Street to the west and detached residential dwellings to the east.

 

Existing park facilities include a concrete cricket pitch, two (2) fields 100 x 60 metres in dimension currently used for weekend rugby competition matches, amenities buildings with toilets and change rooms and an area for informal recreation facilities at the eastern end of the park catering for walking, jogging and dog activities. There is no vegetation in the centre of the park where the sports fields are located. The use of the park for active recreation is currently limited to daylight hours.

 

The park does not contain any known endangered environmental features such as remnant bushland vegetation, rock outcrops or watercourses. The park contains prominent trees along its perimeter, achieving a varied height of between 10 – 20 metres.

 

Holden Street to the north of the site generally consists of attached and detached residential dwellings up to two (2) storeys in height, with the exception of St Edmunds Church located on the corner of Holden and Wild Streets. Minimal vegetation aligns the northern side of Holden Street. Unrestricted street parking is available.

 

Similarly Wild Street to the west also consists of attached and detached dwellings up to two (2) storeys in height with minimal vegetation alignment and unrestricted street parking also available.

 

South Sydney High School is opposite the subject site to the south and fronts Walsh Avenue. An open concrete channel exists along the northern side of Walsh Avenue.

 

Nagle Park to the east is bounded by the rear boundaries of allotments fronting Paine Street. Such allotments generally consist of attached and detached dwellings up to two (2) storeys in height.

 

The park is also in close proximity to Eastgardens Shopping Centre.

 

4.    COMMUNITY CONSULTATION:

 

The applicant undertook various consultations prior to lodgement of the development application.  In particular, during the development of the lighting design, a community information sheet was distributed in early May 2007 by SJB Planning (on behalf of the applicant) to the immediately surrounding residents of Heffron Park.

 

This information sheet allowed residents to gain a visual understanding of the proposal and included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with an opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 4th June 2007.

 

4.1      Submissions in Objection

In response to the notification period, ninety two (93) individual submissions were received by Council. The submissions were received from:-

 

The issues raised are summarised below:

1.    Properties are directly affected by the proposal but there was no prior consultation with owners;

2.    Inadequate information provided in the SEE regarding the proposal;

3.    Noise & Disruption;

4.    Traffic Impact;

5.    Parking Impact –parking already at saturation point

6.    Littering;

7.    Residential Amenity Impact -Neighbouring residences will be overlooked.

8.    Peaceful aspect enjoyed by adjoining properties will be reduced;

9.    Social Impacts- Will become an area for troublemakers;

10.  Economic Impacts – under-utilisation of the lights at this location – they should be placed somewhere they can be used more frequently and for longer; suitability of the site for this development.

11.  Conflicts with other park users – football training and passive uses cannot operate simultaneously;

12.  Loss of amenity to the area – park acts as a back yard for residents in the area – negative impact on quality of life;

13.  Changing character from a Passive Recreation Park to An Active Recreation Park and need for change in plan of management;

14.  Council is allowing use of the park for benefit of a few. Proposal assists Rugby/League lobby groups rather than the interests of the general community;

15.  Light towers will be a visual eyesore;

16.  Residents living close by will experience light spill;

17.  Nightlight will disturb residents and wildlife;

18.  Poles will be unsightly and will be in breach of height limits for structures in this area and the character of the 18m poles is incompatible with the environment of the park;

19.  Lighting will eventually be used more frequently and for longer hours than originally stated as it is otherwise uneconomic to install the lights. Suspect the lighting will not be only used by children;

20.  Importance of park for dog walking (leash free zone) and socializing is reduced. Nagle Park is an intensively used  dog exercise park in the locality;

21.  Suggestion of alternative locations such as Heffron Park.

22.  Proposed Use is incompatible with existing use. SEE shows that the only ground available to the public while football is in practice is a relatively narrow strip along the eastern boundary of the park;

23.  Deterioration of the park from football use – park’s grass is not strong enough to withstand regular football training;

24.  Restriction of present free access to the park and restriction at prime-time in the evening when working population uses park for recreation;

25.  General loss of passive space which is being taken over by clubs (refers to 2 Articles in the Southern Courier Tuesday 20th March regarding Pioneer’s Park and Coogee Oval);

26.  Unacceptable for the general public to be denied unimpeded access to a public park and unfair to deny people not in clubs the use of the park and that they will lose use of the park for 4 nights per week;

27.  There are a range of other sports clubs in the area and there are sufficient dedicated areas for sports training e.g. Coogee Oval etc.

 

Responses to the concerns raised are outlined below.

Lack of Consultation & Information in the SEE

A comprehensive SEE was prepared on behalf of Randwick Council by SJB Planning Pty Ltd in accordance with the Environmental Planning & Assessment (EP&A) Act 1979 and the Environmental Planning & Assessment Regulations 2000. The SEE reviewed the appropriate Environmental Planning Instruments and Plan of Management that apply to the proposal and provided an overview of the potential natural and built environmental impacts of the proposal with particular reference to the relevant heads of consideration listed under Section 79C of the EP&A Act 1979. Separately commissioned expert consultant reports on lighting impact and traffic and parking impacts were summarised within the SEE and appended to the document.

 

The applicant also undertook consultation with the residents of the immediate adjoining properties of Nagle Park by way of an information sheet.  This information sheet allowed residents to gain a visual understanding of the proposal. It included a detailed description of the proposed lighting towers, a coloured site plan and a photomontage. The community information letter provided residents with a 2 – 3 week opportunity to comment on the proposal.

 

Randwick City Council also undertook to notify the application in accordance with its Development Control Plan – Public Notification for a period of fourteen (14) days from the 4th June 2007.

 

Noise & Disruption

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The level of noise impact from football activities is considered compatible with the noise impact associated with a public park.

During the brighter summer months, the sports fields are free to be used without time limitation. Any noise and disruption experienced as a result of the proposal will be no greater than what can be experienced without regulation over the summer months.

Some noise and vibration will occur during construction from the use of machinery, however, these works will be restricted to standard construction hours over a limited timeframe. Adjoining properties will not experience any significant impacts due to the minor nature of the works. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

 

Traffic & Parking

In response to concerns over traffic and parking, a traffic and parking assessment has been carried out by GTA Consultants Pty Ltd and is contained in appendix C of the SEE. This report determined that the proposal would generate a parking requirement of between 30 and 48 spaces and that the existing supply of on-street parking spaces directly adjoining the site on Holden Street and Wild Street is capable of accommodating the expected increase in parking demand.

 

The report also found that the site is expected to generate up to some 48 additional vehicle movements on Holden Street and Wild Street during the expected peak period of 7.00pm and that there is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

The report states that the traffic generated by the proposed development will not compromise the safety or functions of the surrounding road network, or result in any adverse impacts upon adjoining residents.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

 

Residential Amenity – Litter, Overlooking, Visual Impact

The residential amenity currently experienced by the residents of adjoining properties will experience minimal adverse impact from the proposed light installation. Levels of littering, overlooking and the potential for anti-social behaviours will be no greater than in summer months when the park is in peak use. In terms of visual impact, the lighting poles will be sited in close proximity to mature vegetation which is located along the entire perimeter of the park, hence their visual nature is reduced.

 

The height and spread of the poles will ensure an even distribution across the principal playing area and will avoid unacceptable light spill impacts upon adjoining residential properties.

 

Light Spill

The design of the chosen light poles was carefully considered by independent specialist lighting consultants. The chosen best option which is currently proposed comprises an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The lighting has been designed to comply with the applicable AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to the protect the amenity of private property from outdoor lighting.

 

Incompatibility of Uses / Loss of Passive Space/ Area for Dog Walking

Currently the park is used for passive and active recreation. A sports pitch is located in the centre of the park with ‘off-leash’ dog walking areas confined to the outer corners of the park. The installation of lighting will allow the sports pitch continued use after hours of darkness in the winter for four (4) evenings a week until 9.00pm.

 

It should be noted that the use of the park for dog exercise is prohibited from the sporting fields and limited to the informal eastern end of the park and hence, not reducing the area available for such activities.

 

The areas to be lit are existing fields which are currently used by organised sporting organisations on weekends. Hence, the proposal does not reduce recognised informal passive recreation areas nor does it represent and completely new use to the park.

 

Alternative Locations

Nagle Park is suitable for the proposed development. There are no significant natural or environmental constraints that would hinder the installation of the light poles or the continued use of the park in the evening.

 

Randwick Council has embarked on installing similar lighting on surrounding parks such as Heffron Park, Snape Park and Bardon Park.

 

Deterioration of Park from Football Use

The need for lighting has derived from the need to provide additional football training facilities due to the increase in the popularity of football sports within the eastern suburbs region. Due to the shortage of training facilities in the locality, this has resulted in additional wear and deterioration to the playing surfaces of existing parks, with the effect of poor quality recreational space for football competition matches and other park users. In an aim to lessen the impacts upon existing parks, and to improve the playing surface for park users, Nagle Park as well as other local parks, was identified as a suitable sporting ground to accommodate football training sessions.

 

Submissions in Support

One submission, simply stating its support for the proposal was received by Council.

 

5.    TECHNICAL OFFICERS COMMENTS

 

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

 

5.1 Environmental Health Comments

The ongoing use of this park, and the potential impact on residential amenity by the intensification of use proposed by this DA shall be addressed with appropriate conditions.

 

The issue of nuisance from light spill has been addressed in the Statement of Environmental Effects (SoEE) Appendix B Lighting Technical Report undertaken by Light Studio 21 Pty Ltd. There are two relevant Australian Standards, being:

 

·        AS/NZS 2560.2: Sports lighting-lighting for football (all codes)

·        AS/NZS 4282: Control of the Obtrusive Effects of Outdoor Lighting

 

This report concludes that the proposed competition level lighting system complies in all aspects required by the relevant Australian Standards. Conditions requiring compliance with these Australian Standards are to be included in any consent given.

 

 

 

 

RECOMMENDATION

 

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

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

- Randwick Local Environmental Plan 1998

- Local Government Act 1993

- Companion Animals Act 1998

 

7.    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.

 

8.1  Randwick Local Environmental Plan 1998

Zoning and Permissibility

 

The site is zoned 6A Open Space pursuant to the Randwick Local Environmental Plan 1998 and the proposed development is permissible with Council’s consent.  There are no statutory standards with which the proposal should comply with. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 18 (1) - Objectives for 6A Open Space Zone

Clause 38 - Development in Open Space

Part 4 - Heritage;

Part 4A - Natural Heritage Provisions.

 

An assessment pursuant to the requirement of Clause 18(1) which sets out the zone objectives is provided in the following table.

 

Clause 18(1)

Assessment

The objectives of Zone No 6A are:

 

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

The subject proposal does not seek to alter the use of the land for public recreational purposes but to increase the capability of utilising the public land for this purpose.

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

The proposed installation of lighting will enable greater use and enjoyment of the public open space

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

The subject site is currently nominated for use as public open space.

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

The park does not contain any known endangered environmental features such as remnant vegetation, or rock outcrops or water courses.

The park does contain prominent trees along its perimeter, achieving varied height of 10-20 metres. The proposal does not necessitate any removal or significant alteration of such trees.

The excavation work associated with installation of the proposal poles is minor and will have negligible impact on existing natural features and systems of the site.

(e) to enable the sustainable management of the land.

The proposal enables the sustainable management of the land by satisfying the Action Plan nominated in the ‘Neighbourhood Parks Generic Plan of Management’ document. Compliance with the Plan is outlined in section 8.2 of this report.

 

An assessment pursuant to the requirement of Clause 38 is provided in the following table.

 

Clause 38

Assessment

(1) repealed

No assessment required.

(2) 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 that land, and

The applicant has referenced the community demand for organised football in the area along with the absence of alternative training facilities.

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

The proposed development, as well as enabling the use of the park for organised football activities up to four (4) evenings a week, will also provide light for other park users to enjoy passive recreation such as jogging, walking, dog-walking and informal games. Such use of the park is currently impeded during the winter months.

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

The subject park is currently used for passive recreation as well as organised sporting events on weekends. The park contains recognised sporting fields whose use as proposed, represents an efficient use of public resources. Existing dog exercise areas will remain.


 

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

The existing use of Nagle Park for social recreation and as a sports field will continue.

(2A) Despite clause 18, the Council may grant consent to the development of land within Zone No 6A for purposes (including business premises) permitted by a plan of management adopted by the Council and prepared in accordance with the requirements of the Local Government Act 1993 for the land in question, provided it is satisfied that the proposed development is suited to a location in that zone.

The installation of lighting is considered to be ancillary to the use of the land as a public park for social recreation and sports field ground uses.

 

The proposal is assessed against the Plan of Management in Section 8.2 of this report.

(2B) Despite clause 19, the Council may grant consent to the development of land within Zone No 6B for the purpose of business premises, but only if it is satisfied that the proposed development is, having regard to the requirements of subclause (2), suited to a location in that zone.

The subject proposal does not seek to provide a business.

(3) The owner of any land within Zone No 6A, not being Crown land or land owned by the Council, may, by notice in writing, require the Council to acquire the land.

The land is owned by Randwick City Council.

(5) Any land within Zone No 6A which is not under the ownership of the Crown or the Council may (with the consent of the Council) be used for any purpose which is permissible (either with or without development consent) on land adjoining the land in question, prior to that land being acquired by the Council.

The land is owned by Randwick City Council.

 

Part 4 – Heritage

In accordance with Randwick LEP 1998, the subject site is not identified as a Heritage Item and is not located within a conservation area. The site is not situated in the vicinity of a heritage item or a conservation area.

 

Part 4A - Natural Heritage Provisions

This Part relates to land zoned 7 and therefore does not apply to the site and the proposed development.

 

Landscaping

The proposal will have little impact on the landscaping surrounding the park.  The perimeter edge of the park is lined with substantial mature trees which provide a visual screen between nearby properties and the lighting.  These trees will remain unaffected by the proposal.

The proposal is adequate in terms of landscaping.

 

Height, Form & Materials

The proposed lighting has been designed in accordance with the two (2) Australian Standards governing outdoor lighting systems  including AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting and AS /NZS 2560.2.3 Lighting for Football (all codes).

The proposed light poles comprise an ‘Asymmetrical Reflector’ that allows for a horizontal position of the luminaire which reduces the upward leakage of light. Moreover, it offers visual comfort to those who live or pass by in the vicinity of the area to be lit because there is no direct view on the lamp. The otherwise upwardly leaked light is added to the effective part of the beam that lights the area resulting in higher field efficiency.

Newly designed asymmetric floodlights known as Philips Optivision 2000 watt Metal Halide floodlights will be used. These are floodlights which prevent uncontrolled stray light and light spillage beyond the sports field so that it will not affect people living in the vicinity.

The floodlights themselves will comprise non-corrosive, high pressure die cast aluminium housing that is dust proof and jet proof to IP65, 4mm thick thermally hardened front glass, stainless steel external hardware, lamps changed via hinged front glass – floodlight aiming not altered and specially designed heat fins for optimal operation of the lamp.

 

Visual & Acoustic Privacy

The light poles are considered to have a non-intrusive scale and mass and are compatible with the surrounding environment.  The proposal will not have an adverse visual impact on the natural features that contribute to the character of the park and will not result in significant visual impacts upon the locality.

Some noise and vibration will occur during construction from the use of machinery, however, these works will be restricted to standard construction hours over a limited timeframe. Given the minor nature of the works, adjoining properties will not experience any significant impacts. Environmental management measures will be implemented prior to commencement of construction works to ensure the minimisation of disturbance.

The operation of the light poles will not result in any noise emission that would create any adverse noise impacts upon adjoining residents or park users.

The use of the park for football training sessions will result in an increase in noise impacts. However, such noise impacts are considered compatible with the noise impact associated with a public park and these events will cease by 9.00pm on the four (4) nights a week which they will occur. It is noteworthy that football training can occur freely any night of the week during summer months when daylight hours are not impeded. Therefore noise should not be a consideration in planning terms.

The proposed lighting has been designed in accordance AS/NZS 4282-1997 Control of Obtrusive Lighting Effects from Outdoor Lighting which serves to consolidate the amenity of private property. Hence, impacts upon adjoining residential properties will be satisfactorily mitigated.

 

Traffic

The proposed light pole installation will increase the availability of the park for use. Principally the development has been proposed to facilitate football activities up to four (4) evenings a week. A traffic and parking assessment has been carried out by GTA Consultants Pty Ltd on this basis and is contained in the SEE. The following was determined from the investigation: -

·      The proposal would generate a peak parking requirement of between 30 to 48 spaces;

·      The existing supply of on-street parking spaces directly adjoining the site on Holden Street and Wild Street equates to 65 spaces and that existing available vacancies during current peak usage equates to between 40 – 44 spaces. Such streets are therefore, capable of accommodating the expected parking demand;

·      The site is expected to generate up to 48 additional vehicle movements on Holden and Wild Street during the expected peak period of 7.00pm; and

·      There is adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development.

Notwithstanding the results provided by GTA Consultants Pty Ltd, Council can mitigate adverse impacts upon the surrounding locality due to the use of the park, through the use of its booking system for public park usage.

Although parking and traffic movement has been determined as acceptable, impacts can be further reduced by providing a pedestrian crossing over the stormwater canal at the southern end of the park, along Walsh Avenue. The provision of such a pedestrian crossing over the stormwater canal, in conjunction with the change rooms at the southern end of the park, would encourage park users to park along Walsh Avenue. Such an outcome would concentrate parking and traffic movement along Walsh Street which is fronted by a school, and hence lessen the impact upon other surrounding streets which have a greater residential amenity.

 

8.2  Local Government Act 1993

Neighbourhood Parks Generic Plan of Management

 

An assessment of the subject proposal against the provisions of the Action Plan contained in the Neighbourhood Parks Generic Plan of Management is provided in the table below:

 

Action

Assessment

Issue 1

Management Planning

The proposal allows for the use of the park by all sectors of the community, including residents, existing recreation and organised recreation.

Issue 2

Recreation

The inclusion of lighting will allow increased recreation capability for all members of the community e.g. joggers, dog-walkers as well as more formalised recreation.

Issue 3

Visitor Management

Visitor Management will not be significantly altered as a result of this proposal.  The use of the park by nominated user groups also allows greater control over the terms of that use.

Issue 4

Communication

Communication and consultation with the public was carried out in compliance with the relevant legislation.  Information provided included an information sheet, including photomontages and invitation to make submissions to Council.

 

Issue 5

Design and Vegetation

The amount of grass space available for recreation or social activities will not be reduced by the installation of the light poles.

 

Issue 6

Maintenance, Safety & Risk

There will not be any significant maintenance or safety risks as a result of the lighting installation, in compliance with the Action Plan.

 

Issue 7

Funding

‘Funding’ is allocated for the floodlighting per Randwick Council’s Capital Works programme.

 

8.3  Companion Animals Act 1998

Nagle Park is identified as a public place within which dogs are allowed ‘off-leash’. However, they are limited to the outer edges of the park around the sports field and to the eastern end of the park. Given that dogs are not allowed in the nominated area, the area allocated for dog exercising is not reduced as a result of the proposed lighting installation and the subsequent use of the park for football training sessions, can operate simultaneously.

 

8.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

9.    CONCLUSION

 

The development proposed under this application meets the objectives and performance requirements of the Council. The proposal will not result in any significant adverse impact upon either the amenity of the adjoining premises or the character of the park and its locality. The proposal will increase access by members of the public to public facilities with potential social and physical improvements to members of the public. It is recommended the development application be approved subject to compliance with conditions of consent.

 

It is also recommended Council investigate the financial feasibility to provide a crossing over the existing stormwater canal along Walsh Avenue to decrease the impact of parking and traffic movement in the locality.

 

RECOMMENDATION:

 

A.    That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 370/2007 for development comprising minor excavation to create a suitable base for eight (8) light poles, installation of eight (8) 18 metre high light poles; minor trench digging as required to supply electrical infrastructure to the light towers; to facilitate the use of the sports field for organised sports training sessions until 9.00pm, on four (4) evenings per week during the winter football season at Nagle Park, Randwick, subject to the following conditions:

 

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

 

1.   The development must be implemented substantially in accordance with the plans numbered 5379 A-003, revision D and stamped as received by Council on 16 May 2007, the application form and supporting information received with the application including the “Lighting Technical Report” by Light Studio 21 Pty Ltd and associated photomontage.

 

2.   A certificate from a suitably qualified person in outdoor lighting systems shall be submitted to the Director City Planning which certifies that the proposed lighting complies with Australian Standards AS/NZS 4282-2997 Control of Obtrusive Lighting prior to the commencement of the use of the sports fields for football activities.

 

3.   The light towers must only be operated for four (4) nights of the week during winter up until 9:00pm.

 

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

 

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

 

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

 

5.   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.

 

6.   The installation and operation of the light poles is to be in accordance with the requirements of AS/NZS 2560.2.3: Sports lighting-lighting for football (all codes) and AS/NZS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

 

7.   The recommendations contained in the report titled Lighting Technical Report undertaken by Light Studio 21 Pty Ltd form part of this consent.

 

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

 

8.   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.

 

9.   All new 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.

 

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

 

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

 

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

ii)    appoint a principal contractor for the 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 works.

 

12. The 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 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.

 

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

 

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

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

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

 

14. An Occupation Certificate must be obtained from the Principal Certifying Authority encompassed in this development consent, in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

15. 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.

 

16. 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.

 

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:

 

17. 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 contractors for assessment.

 

18. All excavations and backfilling associated with the erection of the light towers 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.

 

19. Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all 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 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.

 

20. Noise and vibration emissions during the construction of the light towers 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the work 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.

 

Temporary fences or 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 site 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.

 

24. A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road 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 (grater than 3m in length) or any container or other article.

 

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

 

25. 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 the issuing of occupation certificate, which certifies the structural adequacy of the light towers and that the works complies with the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

 

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

 

28. The use and operation of the light poles and sports ground shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

 

29. Subject to firstly receiving in principle approval by Sydney Water, the applicant must meet the full cost for the design and construction of suitable pedestrian bridges over the Sydney Water controlled stormwater culvert/channel that is located in Walsh Avenue, adjacent to the common boundary of Walsh Avenue and Nagle Park. The pedestrian bridges must be suitably designed such that it is above the calculated 1 in 100 year ARI flood level for the stormwater culvert/channel and structurally capable of withstand hydrostatic pressure from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). The location of the pedestrian bridges shall be to Council’s and Sydney Water’s satisfaction. The pedestrian bridges must meet all current accessibility standards.

 

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

 

30. Any damage sustained to either Council’s nature strip or reserve as a result of the proposed works shall be repaired by excavating to a depth of 150mm, backfilling with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

Tree Protection Measures

 

31. In order to ensure the retention of existing mature trees at the site and in proximity to the location of the proposal light poles, the following measures are to be undertaken:

 

a.   All documentation submitted for the construction certificate application will be required to detail, to the satisfaction of the certifying authority, the location from which power will be sourced.

 

b.   There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble within the driplines of any existing trees, with all documentation submitted for the construction certificate to demonstrate compliance with this requirement.

 

Advisory Conditions

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING 

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 


 

Development Application Report

 

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

19 November, 2007

FILE NO:

DA/827/2004/C & PROP002425

 

PROPOSAL:

 Section 96 application to extend the hours of operation of the existing restaurant

PROPERTY:

 29 Alfreda Street Coogee

WARD:

 East Ward

APPLICANT:

 Darb Enterprises

OWNER:

Tararba Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is for a Section (1A) Modification of Development Consent 827/2004 to change the operating hours of the restaurant.

 

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

 

The main issue is the potential for nuisance to adjoining and nearby residents by extending the hours of operation.

 

The application is recommended for approval subject to the hours of operation being limited to Monday to Saturday from 7:00am to Midnight and Sunday from 7:00am to 10:00pm.

 

2.    THE PROPOSAL

 

The application seeks consent to modify the hours of operation of the business.

 

The originally approved hours of operation were:

 

Monday to Thursday   7.00am to 10.30pm.

Friday and Saturday    7.00am to 11.00pm.

Sunday                     7.00am to 10.00pm.

 

The proposed altered hours of operation are:

 

Monday to Saturday   7.00am to 1.00am.

Sunday                     7.00am to 12.00am.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is on the southern side of Alfreda Street opposite Coogee Oval and contains a three storey commercial building containing a restaurant and café at ground level, a gymnasium to the first and second floor with a video hire store within the lower ground level. The site is within the Coogee local commercial area which contains a variety of business uses, predominantly eat in and take away food premises.

 

4.    SITE HISTORY

 

The original development consent detailed the use of a portion of the ground floor of the building for the operation of a restaurant including the necessary fixtures and fittings, and alterations to the façade of the building to provide for a new entry stairway, terraced seating area, awning and doors leading to the terrace. Approval was granted to the application on the 19 November 2004. The application was also subsequently modified to reconfigure the internal layout of the building and relocate the position of the bar area within the restaurant.

 

5.    SECTION 96 ASSESSMENT:

 

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

 

6.    REFERRALS

 

6.1      NSW Police, Eastern Beaches Licensing

There are concerns that allowing for an additional late night trading premises in Coogee will further exacerbate problems with anti social behaviour in the Coogee basin. Support would be provided for an increase in trading to midnight Monday to Sunday and to 10.00pm on Sunday.

 

6.2      Manager – Health, Building & Regulatory Services

 

INTRODUCTION

Council is in receipt of an application pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 (EP&A Act), made by Mr Brenton McHatton to modify Development Consent No. DA/827/2004 determined on the 19 November 2004 “To change the use of the existing ground floor premises to create two tenancies with the new section proposed for use as a restaurant/café and the existing pool hall remaining.”

 

The premises are situated at 2a/29 – 31 Alfreda Street, Coogee and operates as a licensed restaurant known as ‘Sauce Bar and Grill’.

 

THE PROPOSAL

The Section 96 application seeks to modify condition No. 33 of DA/827/2004 in respect to the permitted hours of operation at the subject premises. In this regard, the modification seeks to extend the operating hours of the restaurant, from:

 

Monday – Thursday: 7.00am – 10.30pm

Friday and Saturday: 7.00am – 11.00pm

Sunday: 7.00am – 10.00pm

 

To:

Sunday – Thursday: 7.00am to Midnight

Friday and Saturday: 7.00am to 1.00am the following day

 

The proposal equates to an extension of operating hours by:

a) 2 hours on Friday, Saturday and Sundays, and

b) 1 hour 30 minutes on Monday to Thursday.

 

The Applicant’s reasons for the proposed extension of trading hours at the premises are contained within the “Statement of Environmental Effect” accompanying the application, dated 5 March 2007. This document states:

 

“It is the intention of the Section 96 application to alter the approved hours of operation to better suit the needs of a restaurant in the Coogee entertainment area and to coincide with other restaurants and food outlets within the immediate vicinity…

 

The change in the hours of the restaurant shall have no further impact on the surrounding environment as the new hours will only be in alignment of less than existing premises within the immediate vicinity.”

 

 

 

 

 

LOCATION AND ZONING

 

The subject premises occupies a ground floor portion of an existing part 2/part 3 storey purpose built commercial building situated at 29 - 31 Alfreda Street, Coogee. The commercial tenancies within the building consist of the subject restaurant (Sauce Bar & Grill), a video store (Civic), City Snooker Café, and a gymnasium (Paul & Carole Graham’s Beach Fitness Centre).

 

Fig 1 – 2a/29 – 31 Alfreda St, Coogee.

Fig 2 – Alfreda St looking west to Brook St     Fig 3 – Alfreda St looking east to Arden St

 

The subject premises is located on land zoned 3A (General Business Zone) pursuant to Randwick Local Environmental Plan 1998, opposite Coogee Oval and is on the fringe of the Coogee Commercial Precinct.

 

The objectives of Zone No 3A contained within Randwick Local Environmental Plan 1998 are:

 

(a)    to maintain the viability of existing business centres, and

 

(b)    to facilitate development of land, in places identified by the Council as suitable to be used as business centres, for commercial, retail, residential and community purposes:

 

(i)     by introducing appropriate floor space ratio controls, and

(ii)    by encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

(iii)    by enhancing employment opportunities and servicing the needs of the local and regional community, and

(iv)   by encouraging and facilitating the use of public transport, and

(v)    by providing and enhancing pedestrian and public open space areas for shoppers and workers, and

(vi)   by maintaining and improving the environmental and aesthetic qualities of the City of Randwick,

 

(c)    to minimise the impact of development on adjoining and nearby residential zones, and

 

(d)    to enable a mix of housing types to encourage housing affordability.

 

CONSENT HISTORY

 

As prefaced in the introduction, Development Consent No. DA/827/2004 was granted on the 19 November 2004, to use part of the ground floor of the building as café/restaurant.

 

The above consent has been the subject of modification pursuant to Section 96 of the Environmental Planning and Assessment Act 1979 on two prior occasions. The first modification was granted on the 9 June 2005 and resulted in “internal changes to the Café/restaurant tenancy, including increasing the size of the café & restaurant, alter amenities layout, cellar/storeroom shown on the lower ground floor and glass blocks added to tenancy Westside.” The second modification was granted on the 31 July 2006 and related to the “Relocation of bar within the existing restaurant.”

 

DESCRIPTION

 

The premises properly characterised is a licensed a la carte restaurant with seating for 105 patrons. Entrance to the premises is gained via glass doors at Alfreda Street, then stairs to the elevated ground floor level where the restaurant reception and dining area is situated.

 

At the front of the premises, contiguous to the elevated ground floor dining area, is a dining terrace. Having regard to the approved plan (see attached “Furniture Plan” Drawing No. SK-01, dated July 2006 prepared by “futurespace Pty Limited” and submitted to Council on the 21 July 2006), the terrace dining area makes provision for 26 (of the total 105) dining positions seated at tables. The terrace dining area can be ‘closed-off’ from the internal dining area by full length bi-fold doors.

 

The provision of food and drink at the premises is by way of waiter service to patrons seated dining tables. In addition, the premises has a reception area where pre-dining drinks may be consumed.

 

LIQUOR LICENSING ARANGEMENTS AND THE LIQUOR ACT 1982

The subject premises operates with the benefit of an On-Licence (Restaurant) Licence No. 24014554 pursuant to the Liquor Act 1982. This licence was granted by the Licensing Court of NSW on the 6 November 2006. By its letter to the Licensing Court dated 25 September 2006, Council raised no object to the grant of the application (copy attached).

 

Also of some relevance is the operation of the Liquor Act 1982 as it relates to the exercise of an On-Licence (Restaurant). The trading hours in which an On-Licence (Restaurant) is permitted to be exercised are prescribed by Section 31 (2) of the Liquor Act 1982. The prescribed trading hours, in this regard, are as follows:

 

(a)      on a day that is not a Sunday or a restricted trading day—from noon to midnight, and

(b)      on a Sunday or a restricted trading day—from noon to 10 pm, and

(b1)    on a day that is 24 December and not a restricted trading day (whether or not it is a Sunday)—from noon to midnight, and

(c)      on a day that is 31 December and is not a restricted trading day (whether or not it is a Sunday)—from noon to 2 am on the next succeeding day, whether or not that next succeeding day is a Sunday or a restricted trading day.

 

Please note: a restricted trading day means Good Friday, Christmas Day and any day declared by the Governor, by proclamation published in the Gazette, to be a restricted trading day for the purposes of the Liquor Act.

 

Importantly and unlike a development consent which may specify the hours of operation of a particular development by the imposition of specific condition/s, the Licensing Court on the grant of a liquor licence does not impose condition/s with respect to the trading hours. Unless otherwise granted by the Licensing Court, usually on application for a ‘variation of trading hours’, the trading hours for the various liquor licence categories (i.e. Hoteliers Licence, Off-Licence, On-Licence, etcetera) are prescribed by the Liquor Act itself.

 

It is also the case that a liquor licence does not prevail over a development consent, or vice versa. Notwithstanding that a liquor licence and a development consent operate within distinct legislative regimes and for differing purposes, there exists the nexus whereby a premises, such as a licensed restaurant, must operate in accordance with both the liquor licence and the development consent.

For example, using the subject premises, the restaurant is currently permitted to ‘operate’ from 7.00am under the terms of its development consent. However, the sale of alcohol at the premises is not permitted prior to midday under the ‘prescribed trading hours’ of the Liquor Act. Conversely, from Monday to Saturday the restaurant is permitted to trade until midnight under the ‘prescribed trading hours’ of the Liquor Act, whereas the terms of the development consent do not permit the premises to ‘operate’ beyond 10.30pm Monday to Thursday and 11.00pm Friday and Saturday. To do so would be an offence pursuant to S. 76A and S. 125 of the Environmental Planning and Assessment Act 1979.

Further to the provisions which prescribe restaurant trading hours, there is utilitarian value in briefly outlining the relevant provisions of the Liquor act 1982 which control the sale and supply of alcohol exercised by way of an On-Licence (Restaurant).

In particular, Section 23 subsection (2A) and subsection (3) (a) of the Liquor Act 1982 require that the primary purpose of the premises is to be a restaurant, and accordingly the premises must at all times be operated consistently with this primary purpose and liquor must only be sold, supplied and consumed in the restaurant at a reception area (if any) or at a table in the restaurant.

In addition, an On-Licence (Restaurant) only permits liquor to be consumed on the premises and does not allow alcohol to be taken away.

ISSUES

As a general proposition, Council officers have concerns in respect to the extension of operating hours at commercial premises in the Coogee Basin. These concerns relate to the cumulative impacts of late night operating hours upon the nearby residential amenity. The existing problems associated with incidents of anti-social behaviour and late night disturbances at Coogee are well documented and require no elaboration. It is within this context that the following comments are proffered.

 

When assessing the suitability of an extension of operating hours for particular premises, consideration should be given to existing and potential adverse impact upon the residential amenity of the locality.

 

In Randall Pty Ltd v Leichhardt Council [2004] NSWLEC 277, Tuor C considered the principles to be applied when assessing an application for an extension or intensification of a use which may have an adverse impact on residential amenity. She said:

 

“Principles for the assessment of an extension or intensification of a use which may have an adverse impact on residential amenity, such as a hotel, are:

·         First, is the impact of the operation of the existing use on residential amenity acceptable?

If the answer is no, then an extension or intensification, would be unacceptable unless there is no overall increase in impact or there are measures proposed which would mitigate the existing impact.

·         Second, if the answer is yes, is the impact of the proposed extension or intensification still acceptable?

In answering the first question, it is not sufficient to assume that a use operating in compliance with its approval has an acceptable impact.”

 

Although Randall was concerned with an extension or intensification of a hotel use, in my opinion, the above principle would equally apply to the extension or intensification of other types of licensed premises.

 

In applying the above planning principle to the current application it is instructive to note that the subject premises appears to have been operating for approximately 9 months (circa November 2006).

 

Firstly, in assessing the acceptability of the current operation, a search of Council records has disclosed that no complaints have been made to Council with respect to the operation of the premises. Whilst the absence of complaints intimates that the current operation of the premises is acceptable, this in itself is not conclusive.

 

However, without direct evidence from residents, Council officers or police that the operation of the premises adversely impacts nearby residential amenity it would be difficult to establish unacceptability. In the absence of evidence which establishes the contrary, in my opinion, the answer to the question of existing acceptability in respect to the operation of the premises, would be “yes”.

 

Secondly, in considering whether or not the proposed extension is acceptable the following factors should be examined:

 

1.  Proximity to residential premises.

 


Fig 4 – Zoning and geographical location

 

As previously noted, the subject premises is situated on the fringe of Coogee’s 3A business zoning. Given the proximity of the restaurant to nearby residential premises, in my opinion, requires a precautionary approach when determining whether or not the proposed extension of operating hours is acceptable.

 

In respect to residential premises situated to the north at Dolphin Street, Coogee Oval provides a significant geographical ‘buffer’. In my view, it is unlikely that there would be any discernable impact upon the amenity of these premises. This supposition also applies to residential premises situated to the west at Brook Street.

 

To the east of the restaurant are predominately commercial premises located within the building situated at 186 Arden Street (corner Arden & Alfreda). This building contains McDonalds on the ground floor, Five O’s licensed restaurant on the first floor and Surfside backpackers occupying the upper 2 levels.

 

McDonalds’, although not restricted by Development Consent, operates the following hours for commercial reasons -  in winter from 6.30am to 9.30pm Monday to Thursday, 6.30am to 1.00am Fridays and Saturdays and 6.30am to 11.00pm Sundays and in summer operates 6.00am to 10.00pm Monday to Thursday, 6.00am to 4.00am Fridays and Saturdays and 6.00am to 11.00pm Sundays). Likewise, Five O’s operating hours are not restricted under its Development Consent (it is in fact the same consent in which McDonalds operates and includes the Backpacker hostel situated in the same building). Importantly, the trading hours of ‘Five O’s’ are restricted til midnight Monday to Saturday and 10.00pm on Sunday by virtue of the prescribed trading hours under its liquor licence. It is also envisaged that the extension of operating hours at the subject premises would have a negligible impact, if any, upon the hostel occupants of this building. 

 

There are, however, a number of residential premises situated in Alfreda Street itself. The neighbouring premises to the east (33 Alfreda Street) is a residential flat building containing 7 strata subdivided units. This premises is potentially the most likely to be affected by the operation of the premises and the provision of a reasonable level of residential amenity for this premises needs to be balanced with the objects of the 3A zone in which it is situated.

 

To the west along Alfreda Street, the neighbouring premises situated at 27 Alfreda Street is a commercial premises (Pro Dive Coogee) and is within the business zoning with the nearest residential premises situated at 23 – 25 Alfreda Street which is an approved boarding house and the first premises that is in the 2C (Residential C Zone). Likewise, the next premises, 19 – 21 Alfreda Street, is an approved boarding house with the remaining (5) premises to Brook Street being a mix of residential flat buildings and dwelling houses (see Fig 4).

 

2.  Nature of use and surrounding uses

 

Another factor to consider is the nature of, not only the use of the subject premise, but also the surrounding uses, both residential and commercial. This contextualises the acceptability or conversely the unacceptability of the proposed operating hours.

 

The use of the subject premises has been previously discussed and does not require further elaboration.

 

Contained within the same building as the subject restaurant is “City Snooker” which is an approved café/snooker hall permitted to operate until midnight 7 days per week (DA/73/1995).

 

Also of some relevance is that at the meeting of Council’s Health, Building & Planning Committee held on the 11 July 2006 an application (section 96) to modify the operating hours of “City Snooker” to 1.00am was refused. In general terms, the determination to refuse the extension of operating hours was promulgated by concluding that the premises operating til 1.00am would unreasonably intensify the existing use to the detriment of the nearby residential amenity.

 

This determination is a useful reference in that the same methodology should be applied in assessing the current proposal. However, beyond the obvious commonalities of matters to be considered (location, potential for disturbances, etc) any preconceptions that the same conclusion will be arrived at must give way to an analysis of the different uses.

 

In this regard, comparably and when properly characterised, the existing uses (the restaurant and pool café) within the same building are quite different and necessarily will result in a different level of impact.

 

One is effectively a poolroom permitting 19 pool tables and 5 amusement machines, whereas the other is a licensed and waiter serviced restaurant regulated by NSW liquor laws. The latter, in my opinion, by the very nature of its use coupled with appropriate development controls commensurate with the legal obligation to comply with NSW liquor laws, is less likely to adversely impact the surrounding residential amenity.

 

 

 

3.  Cumulative impact.

 

It is important to consider whether or not the proposed extension of operating hours will create or exacerbate existing impacts. These impacts, also, must be considered in context with the objects of the zone.

 

As previously mentioned there is, understandably, considerable consternation within the community in respect to late night disturbances and alcohol related anti-social behaviour at Coogee. However, in recognising these concerns it is difficult to conclude without evidence to the contrary that the operation of the premises contributes to a loss of residential amenity. In my opinion, is unlikely that the restaurant will increase cumulative impacts to the area in respect to noise or anti-social behaviour, subject to the premises not being permitted to operate beyond midnight.

 

CONCLUSION

 

Having regard to the circumstances, including the proximity to the nearby residential zoning, the nature of the use of the premises, the cumulative impacts to the area associated with an extension of operating hours at the premises and the problems currently being experienced at Coogee in respect to late night disturbances and anti-social behaviour, it is my opinion, that any increase in operating hours should be limited to midnight Monday to Saturday and remain at 10.00pm Sundays.

 

Notwithstanding that I have concluded that an extension of operating hours is acceptable (albeit short of what is sought), the acceptability is contingent on other measures being undertaken at the premises which requires the imposition of further conditions.

 

In 1643 Pittwater Road Pty Ltd v Pittwater Council [2004] NSWLEC 685, McClellan CJ (as he then was) authoritatively explained the circumstances in which a consent authority has the power to impose additional conditions when determining an application to vary or delete a condition of consent. At [52] His Honour held:

 

“It would follow that when an application is made to modify a consent by deleting or varying a condition of consent, the application must be evaluated as required by s 96(3) and relevant matters referred to in s 79C(1) must be considered. Provided there is a power to impose conditions in respect of a consent to a modification application, the consent authority must be able to determine the application by granting it and deleting the original condition, but also by imposing some other condition relating to the same planning matter.”  

 

Additional to the proposed variation to the existing condition relating to the operating hours of the premises (condition No. 33) conditions should be imposed to ensure that potential impact from the extended operation is adequately controlled, including the imposition of conditions relating to the provision of alcohol at the premises.

 

In this regard, to minimise noise impacts from the development the front dining terrace should be limited in use to 10.00pm, coupled with a further requirement that the bi-fold doors at this location be closed at the same time. The standard noise condition for licensed premises should also be imposed.

 

The extension of hours at the premises to midnight is likely to be acceptable but only subject to additional measures to reduce the potential impact upon the residential amenity with the Sunday close remaining at 10.00pm. Where the efficacy of the additional measures is unknown, a trial period may be appropriate to test those measures.

 

7.    COMMUNITY CONSULTATION:

 

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

 

6.1 Objections

 

Mrs D Buchanan of 83 Beach Street Coogee

Issue

Comment

The proposed new hours of operation are not in keeping within the existing properties in Alfreda Street which is primarily a residential area and this application should be refused.

The subject property is within a 3A General Business zone; however, it is noted that the premises are index priority to residential development.

 

M England of 4/138 Beach Street Coogee

Issue

Comment

The precinct committee wishes Council to take a stand against any further expansion of hours for licensed premises in the Coogee area.

A condition of consent is recommended to restrict the hours of trading until midnight, Monday to Saturday and 10.00pm on Sunday, in accordance with advice provided by the Eastern Beaches Licensing Police.

The proposed extension of trading hours is inconsistent with the objectives of the 3A Business zone.

A condition of consent is recommended to restrict the hours of trading to midnight Monday to Saturday and 10.00pm Sunday, which satisfies Clause 13 (1) (c) of the LEP.

The proposed extension of hours creates a conflict in the land uses in that the immediate adjoining premises to the west are residential.

The subject property is within a 3A General Business zone, which is an acknowledgement that the types of permitted use will be different to those in a residential zoned area.

The proposal is not in accordance with Section 79C of the Environmental Planning and Assessment Act in that it will not be in the public interest.

A condition of consent is recommended to restrict the hours of trading to midnight Monday to Saturday and 10.00pm Sunday.

The outdoor terrace and the noise from the terrace are a particular concern in that an extension of hours will further impact upon the residents to the west.

A condition of consent is recommended to restrict the use of the front dining terrace to 10.00pm daily with the bi fold doors leading to the terrace being closed at 10.00pm which will mitigate noise nuisance to neighbouring residents.

Residents were not notified of the previous Section 96 application which saw the development change from a restaurant to a large bar.

The previous Section 96 application sought to reconfigure the approved internal floor plan of the restaurant and did not change the approved use. As the modification was for minor works with no potential for additional impacts formal notification of the proposal to the adjoining owners was not undertaken, which is in accordance with the Development Control Plan – Notification.

There are concerns that any extension of hours for this property could be used as a precedent for other premises in Alfreda Street.

The restriction of trading can alter other restaurant carried premises must be assessed on their own individual merits.

 

M McMahon of 7/108 Brook Street Coogee, with accompanying petition from other local residents

Issue

Comment

There is no designated Coogee entertainment area in the Randwick LEP, and while this section of Alfreda Street is a commercial zone, the remainder is residential.

The subject property is within a 3A General Business zone, which is an acknowledgement that the types of permitted use will be different to those in a residential zoned area.

Social impacts upon the surrounding residential areas have not been addressed with this application.

The proposed modification to the approved development by definition remains substantially the same development as originally approved and there is no significant additional impact to warrant a social impact assessment.

The diagram included in the noise assessment document does not include the adjoining building at 33 Alfreda Street.

The diagram submitted indicates the location of the kitchen exhaust fans and location where the noise measurements where taken, to measure compliance with conditions of original consent in relation to noise levels generated and the position of other properties in Alfreda Street on this diagram has no impact on the actual noise emissions which are the subject of measurement on site.

There is no provision for parking on site and later trading will increase parking demand in Alfreda Street.

Assessment of parking was undertaken with the original assessment of the application and it was determined in that comparison with the previous use there was no additional parking demand generated, as calculated by the relevant provisions of the Parking DCP. Parking demand is calculated by floor area, not by hours of operation.

Council should not be expected to guarantee the viability of a business by increasing the trading hours.

The assessment of the application is based on the relevant assessment criteria which does not include the commercial viability of the use.

The use does not satisfy the objectives of Clause 3A of the LEP.

A condition of consent is recommended to restrict the hours of trading to midnight Monday to Saturday and 10.00pm Sunday, which satisfies Clause 13 (1) (c) of the LEP.

 

Another late trading bar will contribute to the existing problems of alcohol in Coogee.

This has been acknowledged by the licensing police and as a result a condition of consent is recommended to restrict the hours of trading to midnight Monday to Saturday and 10.00pm on Sunday.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The site is zoned 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent and is generally consistent with the general aims of RLEP 1998 and the specific objectives of the zone.

 

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.

 

The proposed modification to the approved development consent to increase the hours of operations, subject to conditions of consent, will not result in any significant additional impacts upon the amenity of the surrounding residential development and the locality as a whole.

 

10. RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 8:             A Strong Local Economy.

Directions 8a & 8e:   Vibrant business, commercial and industrial sectors that provide ongoing and diverse employment opportunities, tourism’s important role in the local economy is acknowledged.

 

11. CONCLUSION

 

The application to modify the development consent to vary the hours of trading is not unreasonable subject to conditions of consent to restrict the hours of trading and use of the terrace.

 

RECOMMENDATION:

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/827/06 for permission to change the use of the existing premises into a restaurant at 29 Alfreda Street, Coogee in the following manner:

 

A.        Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 01 & 02, dated October 2004 and received by Council on the 7 October 2004 and Amendment B dated October 2004 received by Council on the 12 May 2005 the application form and on any supporting information received with the application, as amended by the Section 96 application received on the 22nd June 2007, only in so far as they relate to the modifications detailed in the Section 96 application.

 

B          Amend condition 33 to read:

 

33.     The hours of operation of the restaurant are restricted to:

 

          Monday to Saturday 7.00am to 12.00 midnight

          Sunday                   7.00am to 10.00pm

 

C          Add the following conditions:

 

54.     The use of the front dining terrace shall cease at 10.00pm daily.

 

55.     The bi fold doors situated at the front dining terrace are to be closed at 10.00pm, daily.

 

56.     The sale, supply and consumption of alcohol at the restaurant is not permitted otherwise than ancillary to a meal consumed at a table in the restaurant.

 

57      The L10 noise level emitted from the licensed premises shall not exceed the background noise levels (L90) in any Octave Band Centre Frequency (31.5Hz – 8kHZ inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence. The background noise level shall be measured in the absence of noise emitted from the licensed premises.

 

Advising

 

A3      You are advised that Council encourages operators of all licensed premises within the City of Randwick to become active members of the Eastern Beaches Local Area Command Liquor Accord. Accord membership not only demonstrates a commitment to the responsible service of alcohol principles of NSW liquor laws, but also provide the invaluable forum whereby Police, Council and licensed venue operators develop and implement harm minimisation strategies. For further details in respect to Accord Membership please contact Mr Peter Reid – President on 9349 2299.

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR, CITY PLANNING

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

22 November, 2007

FILE NO:

DA/841/2007 & PROP027329

 

PROPOSAL:

 Alterations and additions to an existing dwelling including ground floor reconfiguration, a ground floor extension, first floor addition with four bedrooms, two first floor balconies/terraces and a double garage forward of the building line.

PROPERTY:

 78 Moverly Road, MAROUBRA

WARD:

 Central Ward

APPLICANT:

 Moldovan Architects

OWNER:

 Mrs L Belleli

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The development application is referred to the Planning Committee as the owner of the subject site is related to a Randwick City Council Councillor.  The subject application was submitted on 9 October 2007 and subsequently notified for a 14 day period, whereby five objectors made submissions to Council.

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act, particularly the relevant provisions of Randwick Local Environmental Plan 1998 and the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies

 

The main issues considered in the assessment are the non-compliances of the proposal with Council’s standards for:

 

·                Floor space ratio (FSR);

·                Privacy;

·                Wall height;

·                Building setbacks; and

·                Garage width;

 

Several amendments to the proposed scheme are suggested and discussed in this report. The amendments relate to reducing the impacts the proposal will have on the visual and acoustic privacy of adjoining allotments as well as improving the dwellings architectural presentation at the human scale and its visual integration with the dominant design features of the locality.  Specifically, the amendments require the reduction in area of the proposed rear terrace, substantially increasing the transparency of the existing front fence and removing the planter box from the front balcony.

 

With the inclusion of these amendments as conditions of any consent, the proposal on balance is appropriate and the application is recommended for approval.

 

2.    THE PROPOSAL

 

The development application proposes alterations and additions to the existing single storey dwelling.  The alterations and additions include the following:

 

·                Ground floor internal reconfiguration including enclosing the rear deck, new kitchen, laundry, guest bathroom, TV room and stair well to proposed first floor;

·                An extension to the rear of the ground to provide a new family room (approx 24m²).

·                A first floor addition with four bedrooms, two with ensuites, a bathroom and study room;

·                An enclosed double garage forward of the building line;

·                A terrace accessible from bedroom one on the proposed first floor with an external spiral stair case to the rear yard; and

·                A balcony to bedroom three on the proposed first floor.

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site, Lot 12 in DP 245753, No. 78 Moverly Rd, Maroubra has a frontage of 15.695m, depth of 31.09m and total site area of 487.95m2. The site slopes to the rear with a maximum south – north gradient of 1.5m. The site is a conventional residential allotment currently occupied by a single storey cement rendered dwelling, pool, yard and deck at the rear and a 1.8m high masonry fence along the front yard.

 

Built form in the locality is characterised by established detached single and double storey dwellings, with some attached dwellings. The double storey dwellings have large building footprints with double garages while the single storey dwellings are modestly sized. There are numerous examples of existing dwellings being modernised and renovated in the form of rendering, additional first floors, new garages and new landscaping.

 

The dwelling immediately to the east of the subject site is single storey with a garage up to the front boundary. To the south numerous large double storey, masonry dwellings with double garages and front yards face the subject site. The dwelling immediately to the west of the subject site is single storey with a reasonably sized front yard.  Immediately to the north is an established single storey attached residential development.

 

The locality also includes the Randwick Barracks to the north, Quarry Reserve to the south east as well as a substantial shopping precinct at the intersection of Anzac Parade and Maroubra Road.

 

4.    COMMUNITY CONSULTATION:

 

The owners of adjoining properties and the Precinct Committee were notified of the proposed development for a period of 14 days.

 

4.1      Objections

In response to the notification, exhibited between 12 October and 26 October 2007, five objections were received from the owners of 75, 77, 79 and 81 Edgar St and 80 Moverly Road, Maroubra. The issues raised are described below.

 

Concerns:

1.    The proposed floor space ratio is greater than maximum prescribed by Council.

2.    The rear terrace and associated stair case will allow over looking into adjoining properties and generally impede privacy.

3.    The number and size of windows proposed on the first floor rear elevation are excessive and will impede the privacy of adjoining properties.

4.    Construction will require the removal of existing hedge planting along the eastern boundary of the subject site, further reducing the privacy of adjoining properties.

 

Responses to the concerns raised are outlined below.

 

Floor space ratio (FSR)

Section 4.2 of the Randwick Council Dwelling Houses and Attached Dual Occupancies Development Control Plan (the DCP) prescribes a preferred FSR of 0.575:1 for the subject site while the proposed development includes a FSR of 0.73:1.

 

Moverly Street is aligned with a number of double storey dwellings with broad front building alignments. Edgar Street to the north of the subject site also includes numerous double storey attached dwellings with broad front building alignments.

 

Additionally, the site has a relatively wide frontage which can accommodate and absorb the scale of a double storey dwelling such that it does not appear as an over development of the site and maintains the detached appearance of development along Moverly Rd.  The bulk and scale of a conventional double storey dwelling such as that proposed, is not unreasonable and can effectively integrate with existing streetscape character.

 

While the overall bulk and scale of the proposed dwelling is considered satisfactory, the positioning of a garage in close proximity to the front boundary in combination with the existing solid front fence would create an unacceptable presentation to the street at the human scale. It is suggested the entire existing fence forward of the front building line be modified to include a greater transparent component. This item is discussed in detail below but should be referenced as a condition of consent.

 

Privacy

The finished floor level (FFL) of the terrace extending from proposed bedroom one on the first floor will be approximately 4.25m to 4.5m from the existing natural ground level and a distance of 2m from the eastern boundary (inclusive of its planter box).  The balcony is extensive with an area of 22.5m2. The external spiral stair case attached to the terrace will also be 2m away from the eastern boundary.

 

Due to its substantial size and proximity to the eastern boundary, the terrace and stairwell will unreasonably affect the visual and acoustic privacy of the adjoining property to the east (No. 80 Moverly Road), particularly as there is a pool located in the adjoining rear yard. To a lesser extent, the terrace will affect the visual privacy of existing dwellings to the rear (No. 77, 79, 81 and 75 Edgar Street).

 

The depth of the terrace should be reduced to 2.5m, the remainder of the roof be made non-trafficable with landscaping and the staircase deleted. Attention should also be given to ensuring the existing hedging along the eastern and northern boundaries of the subject site are protected during the construction process as it reduces overlooking into neighbouring properties.

 

Existing vegetation

The plans accompanying the application state that the vegetation in question, the hedging along the eastern boundary, will be retained.  This hedging protects the privacy of both the subject site and the eastern allotment. A condition should be included in any consent that the vegetation is retained and protected during the construction process.

 

5.    TECHNICAL OFFICERS COMMENTS

 

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

 

6.1 Development Engineer

Council’s Development Engineering Team Leader advised that no objections were raised to the proposed development and standard conditions have been provided.

 

6.2 Landscape Issues

Tree preservation orders do not apply to the site.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

·                Randwick Local Environmental Plan 1998

·                Development Control Plan for Dwelling Houses and Attached Dual Occupancies

·                DCP - Parking

 

7.    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.

 

7.1  Randwick Local Environmental Plan 1998 (RLEP 98)

The site is zoned Residential 2(a) pursuant to the Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

7.2  Randwick Development Control Plan for Dwelling Houses and attached Dual Occupancies 2000 (DCP) 

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.

40% (197m2) of the site will be landscaped area – Compliant.

S1

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

197m2 will be provided as useable private open space – Compliant.

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.

A rectangle 7m x 8m with minor changes in grade will be provided at the rear of the site as private open space – Compliant.

S1

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

Private open space is not provided in the front yard – N/A.

S6

20% of the total site area has permeable treatment.

21% (103m2) of the site area will be permeable – Compliant.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.575:1 applies. 

Proposed FSR is 0.73: 1 – Non-compliant. Refer to discussion below.

 

The Objectives and Performance Requirements of the DCP with regard to FSR are that development:

·                Is not excessive in bulk or scale;

·                Is compatible with the existing character of the locality; and

·                Minimises the adverse effects of bulk on neighbours and the street.

 

Double storey dwellings are predominant in the locality. Directly to the south of the subject site, Moverly Road is aligned with detached double storey dwellings with large building footprints and a broad front building line. Directly to the north along Edgar Street there are a number of smaller semi-attached double storey dwellings.  The proposal, being double storey in nature is not inconsistent with the established streetscape.

 

The proposed first floor addition is ‘stepped in’ from the existing ground floor to reduce its overall bulk and improves building articulation. A condition will be included in the consent requiring the removal of the planter box on the front balcony to maximise the impact of the ‘step’. The site has a frontage of 15.695m which is wide enough to absorb the extent of a double storey dwelling and retain the detached character of development along Moverly Road.

 

Shadow diagrams and information accompanying the application demonstrate that the proposal will not adversely affect the neighbouring properties in relation to access to sunlight.

 

Concerns exist with regard to the visual and acoustic privacy of adjoining dwellings due to the terrace and associated stair case. In this case, these elements are not directly related to the amount of floor area and their dimensions will be reduced as a condition of consent as indicated previously, to alleviate the impacts.

The inclusion of relevant conditions in any consent will ensure the objectives of the FSR controls will be achieved and that the variation requested can be accepted.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Southern elevation (front): 7.4m

Eastern elevation (side): 7.55m – 8.2m

Northern elevation (rear): 8.35m – 8.54m

Western elevation (side): 7.6m – 8.54m

Non-compliant. Refer to discussion below.

S1

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

Not Applicable, relates to attached dwellings.

S3

Cut or fill does not exceed 1m.

None proposed – N/A.

S3

No excavation within 900mm of a side boundary.

None proposed – N/A.

S3

No excavation within 4m of a rear boundary.

None proposed – N/A.

S4

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

Second storey is 1.5m from side boundaries – Compliant.

S5

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

Detached dwelling – N/A.

The Objectives of the DCP with regard to height are that developments:

·                Relate to topography with minimal cut and fill;

·                Should not be excessive in height and scale and are compatible with the existing character of the locality;

·                Preserve privacy and natural light access for neighbouring residents and allow a sharing of views;

·                Additions do not detract from the individual character and appearance of the existing dwelling; to ensure impacts in terms of privacy; and

·                Enhance the predominant neighbourhood and street character.

The external wall heights do not create an overbearing atmosphere to adjoining properties while their access to sunlight complies with the provisions of the DCP. Specifically, the development responds to the topography by ‘stepping’ down the slab of the proposed rear extension.  The height of the external walls is also set by the fact that this is a first floor addition and the existing floor levels are set.

The proposal, from all elevations, appears as a conventional double storey dwelling and with the numerous others existing in the locality, is not inconsistent with the predominant character. The ‘stepping in’ of the proposed first floor reduces its bulk and scale and enhances its presentation.

As noted previously, the proposal will adversely impact upon the visual and acoustic privacy of adjoining properties as a result of the proposed first floor terrace and associated external stair case. Such impacts are not related to the wall height of the proposed development but rather the size of the terrace and stair case.

The implementation of amendments to the terrace and stair case as suggested previously, will achieve the objectives of the DCP with regard to external wall height, therefore, the variations requested can be accepted.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed front setback ranges from 1.35m to 4.63m. The entire garage component is setback 1.35m from the front boundary. – Non- compliant. Refer to discussions below.

S2

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

The rear of the dwelling is 8.5m from the rear boundary, complies.

S3

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

The existing ground floor setback will be retained. The proposed garage will be setback 1m from the western boundary – Compliant.

S3

Side setbacks be 1.5m at second floor level.

All first floor side setbacks are 1.5m – Compliant. 

S3

Side setbacks be 3.0m at third floor.

Proposal is for two storeys  only – N/A.

 

The DCP’s objectives in relation to setbacks are:

·                To integrate new development with established setbacks of the street and maintain the environmental quality of the streetscape;

·                To ensure dwellings have adequate access to natural light, daylight and fresh air; and

·                To maintain and enhance established trees and vegetation.

The established setback of the street is approximately 6m. However, there are several dwellings in the locality, directly to the east being a notable example, with enclosed garages up to the front property boundary while dwellings with open form garages up to or within 1 to 2m of the front boundary are more prevalent. Therefore, the location of the proposed garage is not inconsistent with features of the locality.

A conventional design principle is that the front elevation of dwellings should ‘engage’ with the public domain and provide casual surveillance, particularly at the human scale. The proposed dwelling would not achieve this as the front elevation of the garage is essentially a blunt, solid flat plane providing no elements for the public to visually engage with and no opportunities for casual surveillance. This is particularly the case given that a 1.8m high, solid masonry wall with minimal transparent ‘cut outs’ spans the remainder of the front boundary.

Reducing the non-transparent component of the upper two thirds of the existing front fence by 50%, in accordance with the controls relating to fences in the DCP, will achieve improved dwelling presentation and opportunities for casual surveillance. A condition will be included in the consent accordingly.

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.

No proposed windows look directly into the windows within 9m of another dwelling. Windows proposed on the first floor elevation are substantial in width and height and could be reduced to consolidate the privacy of dwellings to the north. – Compliant. .

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 terrace will permit view in to the private open space of No. 80 Moverly Rd. Any screening landscaping is unlikely to appropriately dissipate visual and acoustic impact due to the size and capacity of the terrace and its associated external stair case to the rear yard. – Non – compliant. Refer to discussions below.

S1

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

Window sills proposed on the rear elevation of the first floor are below 1.5m in height and do not include obscure glazing – Non – compliant. These windows do not directly overlook and are a substantial distance from adjoining properties.  The distance and raising the sill height are not likely to result in significant amenity impacts such as to warrant changing the proposal.

 

S3

Buildings comply with AS 371 and AS 2107.

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.

As indicated previously, the proposed rear terrace and stair case is of a size and capacity which will impede the visual and acoustic privacy of No. 80 Moverly Rd.  A condition will be included in the consent requiring a maximum terrace depth of 2.5m from the bedroom 1 external wall.  The conditions will also require appropriate balustrading at the end of the terrace and the provision of a landscaped planter box to an approximate height of 600mm from the finished floor level of the terrace.  The planter box should have a minimum internal width of 1 metre and depth of 600mm and extend over the roof of the family room below as much as is practical.  The condition will also require the deletion of the proposed external stair case.

These amendments will satisfy the objectives of the DCP in relation to visual and acoustic privacy.

Safety & Security

 

Preferred Solution

Assessment

S1, 2, 3

Front doors of dwellings are visible from the street.

Due to the non-transparent garage proposed at the front boundary and the existing essentially non-transparent 1.8m high front masonry fence, the view to the front door is almost completely obscured. – Non-compliant.

S2, 3

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

Bedrooms on the proposed first floor overlook the street. Compliant.

S2

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

The existing house number will be retained. – N/A.

S3

Front fences to comply with the requirements in section 4.8.

The existing front fence will be retained- N/A.

S9

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

Complies. The proposal causes no overshadowing of neighbouring properties whatsoever.

S9

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

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

The objectives of the DCP in relation to safety and security are to:

·                Ensure a safe physical environment by promoting crime prevention through design; and

·                To ensure the security of residents and visitors and their property and enhance the perception of community safety.

The provision essentially of a solid wall in excess of 1.8m in height along the front boundary is contrary to the general intentions of the DCP.  This arrangement results in no visual access to a ground floor habitable room window and limited visual access to the front entry and therefore extensively limits casual surveillance at the human scale and provides an unsatisfactory architectural treatment to the public domain.

Reducing the non-transparent component of the upper two thirds of the existing front fence by 50%, in accordance with the controls relating to fences in the DCP, will achieve improved opportunities for casual surveillance and visual access to the front door of the dwelling. The consent will be conditioned accordingly.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

2 car spaces proposed – Compliant.

S1

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

Proposed garage is 6.46m x 6.7m – Compliant. 

S1

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

Existing 6m wide driveway setback 1.5m from western boundary to be retained – Compliant.

S1

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

Existing 6m wide driveway to be retained - Satisfactory.

S1

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

Existing driveway to be retained – Satisfactory. 

S2

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

Garage is located in front of the building line and setback 1.35m from the front boundary – Non-compliant. Refer to discussions below.

S2

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

Garage occupies 44% (7m) of the 15.695m front boundary – Non – Compliant.

 

The objectives of the DCP with regards to garages, carports and driveways are to:

 

·                Ensure on-site car parking and driveways are not visually obtrusive and do not detract from the appearance of dwellings or the local streetscape; and

·                To provide convenient and safe car parking and access.

 

The front elevation of the proposed garage is essentially a blunt, solid panel with little articulation. When combined with the 1.8m high masonry fence which is almost totally solid, the front boundary will essentially be non-transparent. This element provides minimal casual surveillance or architectural treatment to the public domain, particularly at the human scale.

 

Reducing the non-transparent component of the upper two thirds of the existing front fence by 50%, in accordance with the controls relating to fences in the DCP, will achieve improved dwelling presentation and opportunities for casual surveillance. The consent will be conditioned accordingly.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S2

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

The northerly orientation of the subject allotment ensures satisfactory access to sunlight to POS. – Compliant. 

S2,8

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

The northerly orientation of the subject allotment ensures satisfactory access to sunlight to living rooms windows. – Compliant. 

S9

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

The northerly orientation of the surrounding adjoining allotments will ensure satisfactory access to sunlight to existing or future solar collectors - Compliant.

S9

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

North-facing windows to living areas of neighbouring dwellings receive greater than 3 hours sunlight on 21 June. – Compliant.

S9

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

Principal outdoor recreation space of neighbouring dwellings receive greater than 3 hours sunlight on 21 June. 

 

8.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:    Excellence in urban design and development.

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

 

9.    CONCLUSION

 

Assessment of the application demonstrates that the proposed development represents permissible development and satisfies other applicable provisions of the Randwick Local Environmental Plan 1998.

 

While the proposal does not comply with the numerical requirements of the Dwelling Houses and attached Dual Occupancies Development Control Plan, its objectives are satisfied.

 

The proposed development, with the inclusion of amendments as suggested in this report, represents a conventional contemporary double storey dwelling that does not adversely affect the amenity of surrounding properties and remains consistent with the existing streetscape character.

 

 

 

 

RECOMMENDATION:

 

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 841/2007 for alterations and additions to the existing dwelling involving a first floor addition with four bedrooms, study room, front balcony, rear terrace and amenities, internal ground floor reconfiguration, ground floor extension to the rear and double garage at 78 Moverly Road, Maroubra subject to the conditions below and any other conditions provided by relevant Council departments.

 

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

 

1.       The development must be implemented substantially in accordance with the plans Prepared by Alex Moldovan Associates Pty Ltd, numbered 07144/1 to 07144/3 dated September 2007, received by Council on 9 October, 2007 any supporting information received with the application.

 

2.       The rear first floor terrace shall have a maximum depth of 2.5m from the external wall of proposed bedroom 1 and include a balustrade complying with relevant Australian Standards.  The remaining roof area shall be made non-trafficable with the inclusion of a landscaped planter box to a minimum internal depth of 600mm, a minimum internal width of 1.5m, and covering as much of the remaining roof area of the family room as is practical. Details of compliance are to be provided in the construction certificate plans

 

3.       The external stair case to the proposed terrace shall be deleted and details of compliance are to be provided in the construction certificate plans

 

4.       Any portion of the existing front fence forward of the front building line shall be modified by removing the solid fencing so that the area of the upper two thirds of the fence are 50% transparent.  This includes the return wall to the front door but does not require modification of the adjoining boundary fence. Details of compliance are to be provided in the construction certificate plans

 

5.       The planter box on the front first floor balcony shall be deleted. Details of compliance are to be provided in the construction certificate plans

 

6.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·                      Stormwater management (i.e. rainwater tanks)

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

·                      Landscaping provisions

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

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

 

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

 

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

 

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

 

12.     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.

 

13.     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.

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

16.     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.

 

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

 

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

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

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

21.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                     Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

26.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

a.      Reconstruct the concrete vehicular crossing and layback at kerb to suit the new vehicular entrance to the site.

 

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

 

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

 

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

 

35.     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.

 

36.     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.

 

37.     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.

 

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

 

38.     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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

42.     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.

 

43.     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.

 

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

 

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

 

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

 

Advisory

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

STUART HARDING

DIRECTOR, CITY PLANNING

WILLANA ASSOCIATES

 

 


 

Development Application Report

 

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

20 November, 2007

FILE NO:

DA/471/2007 & PROP051719

 

PROPOSAL:

 Erection of shade structures over existing footpath dining area.

PROPERTY:

 159 - 171 Anzac Parade, KENSINGTON

WARD:

 West Ward

APPLICANT:

 Mr A Alexandrou

OWNER:

 Treetrove Investment Pty Ltd

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

This application is referred to the Planning Committee for determination at the request of Councillors Tracey, Andrews & White.

 

The application details the erection of shade structures over the existing footpath dining area located on the south western corner of the intersection between Anzac Parade and Addison Street in Kensington.

 

The proposal includes two main umbrellas covering a combined area of some 30 sqm with annexed awnings to the northern and eastern sides of the umbrellas. Further it is proposed to partially enclose the dining area by providing clear PVC vertical wall panels.

 

Whilst no objections are raised to the proposed umbrella structures, the awnings and vertical wall panels are not supported as they will adversely impact the visual amenity of the area and compromise the function of the road reserve as an open public space area.

 

The application was referred to the RTA for consideration and a response was received on 6 November 2007 advising that no objections were raised to the application provided that the shade structures are of a temporary nature.

 

The application is recommended for approval subject to deletion of the annexed awnings and vertical wall panels.

 

2.    THE PROPOSAL

 

The proposal is for erection of a shade structure compromising two main umbrellas, annexed awnings and PVC wall panels over the existing footpath dining area infront of 159-171 Anzac Parade, Kensington. The proposed shade structure has a footprint area of 43.1sqm.

 

THE SUBJECT SITE AND SURROUNDING AREA:

 

159-171 Anzac Parade is located on the south-western side of Anzac Parade, directly to the south of the intersection with Addison Street. The site is a triangular shaped parcel of land bounded by Anzac Parade to the north-east and Lorne Avenue to the west. The proposed shade structures are to be located within the road reserve directly to the north of the subject site.

 

The surrounding area is predominately residential with commercial/retail tenancies located at ground level along Anzac Parade.

 

3.    SITE HISTORY

 

Consent was granted on 21 July 2005 to use the ground floor retail tenancy located at the corner of Anzac Parade and Addison Street at a café/coffee shop and associated 66.7sqm footpath dining area within the road reserve immediately to the north of the café (325/2005)

 

The proposed shade structures are proposed within the approved footpath dining area 

 

 

 

4.    COMMUNITY CONSULTATION:

 

The proposal has been notified in accordance with the Local Environmental Plan 1998. No submissions were received.

 

5.    TECHNICAL OFFICERS COMMENTS

 

The application has been referred to the RTA and the following comments have been provided:

 

The RTA would raise no objections to the application on property grounds following Council’s verbal advice that the erection of the shade structures will be of a temporary nature and subject to Council and the RTA being suitably indemnified against any claim as a result of this total occupation.

 

However, if in the future the subject structures were to be permanent, then this would require further consideration and possible concurrence by the RTA to the issue of a Consent under Section 138, Roads Act, 1993.

 

The planning officer has discussed the definition of a temporary structure with the RTA and it was confirmed that this did not mean that the umbrellas were to be removed from the footpath at the close of business each day, rather, that the umbrellas would be removed when the license agreement ceased.

 

A condition has been recommended to ensure compliance with this requirement.

 

The RTA have advised that consent under Section 138 of the Roads Act is only required of the subject structures were to become permanent.

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

The Development application has been assessed in accordance with the provisions of the Randwick Local Environmental Plan 1998 and the proposal is permissible with Council’s consent.

 

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.

 

7.1      Development Control Plan – Kensington Town Centre

 

Clause 4.3.7 – Block 07 Lorne Avenue Site

The relevant objectives for this block include:

 

·           To achieve a distinct built form along Anzac Parade, recognising the importance of this curve to the streetscape of the town centre

 

·           To achieve a distinct built form on the corner of Anzac Parade and Lorne Avenue, marking the termination of a key vista south along Anzac Parade

 

The proposed shade structures will be located directly within the ‘key vista south along Anzac Parade’. The shade structures as proposed present as a large tent on the footpath and may significantly compromise the vista, however, subject to the bulk of the shade structure being reduced by deletion of the awning attachments and vertical wall panels, the remaining two umbrella alone would not significantly compromise the street scape and vista.

 

Clause 4.6.6 – Outdoor Eating

The objectives for outdoor dining areas within the Kensington Town Centre are:

 

·             To encourage a lively streetscape,

·             To provide opportunities for social interactions

·             To increase passive surveillance of the street whilst ensuring good access to bus stops

 

Provision of PVC wall panels will not comply with the above stated objectives in that the wall panels will enclose the dining area and detract from the lively street scape that is generated by a footpath dining area.

 

Summary

Subject to the annexed awnings and wall panels being deleted, the proposed umbrellas will be generally consistent with the relevant objectives of the Kensington Town Centre DCP.

 

7.2      Development Control Plan – Footpath Dining and Trading

 

Umbrellas over footpath dining areas are permissible under the footpath Dining and Trading DCP.

 

Section 2.5 details the performance criteria and controls for Furniture, Umbrellas and Lighting within footpath dining areas

 

Clause 2.5.1 – Furniture and Fittings

Item 8 of Clause 2.5.1 prohibits footpath trading areas being defined by ‘full height solid or plastic screens or any other type of enclosure’.

 

The proposal does not comply with this requirement and a condition has been recommended requiring the proposed wall panels to be deleted.

 

Clause 2.5.2 - Umbrellas

Item 1 of Clause 2.5.2 requires the heights of umbrellas to be consistent with adjacent umbrellas or shade structures (if applicable) with a minimum height clearance from the footpath of 2.6 metres when open.

 

The proposed umbrellas provide a height clearance of only 2 metres. This is not in accordance with the DCP requirements and a condition has been included in the consent requiring the height clearance to be increased to 2.2 metres.

 

It is noted that a height clearance of 2.6 metres is not required in this instance given that the umbrellas are located well back from the kerb in both Addison Street and Anzac Parade and are separated from the main pedestrian footpath in Anzac Parade by an existing wall.

 

8.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:    Excellence in Urban Design and Development.

Direction 4b:  Improved Design and Sustainability across all Development.

 

 

 

9.    FINANCIAL IMPACT STATEMENT

 

There is no direct financial impact for this matter.

 

10. CONCLUSION

 

The proposed umbrellas are generally consistent with the objectives and performance requirements of the RLEP 1998 and the DCP’s for Kensington Town Centre and Footpath Dining and Trading, however, the proposed annexed awnings and PVC wall panels do not comply with the Objectives of the Kensington Town Centre DCP or the Performance Criteria and Controls of the Footpath Dining and Trading DCP.

 

Consequently the application is recommended for approval subject to the annexed awnings and wall panels being deleted from the approved plans.

 

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/471/2007 for permission to erect a shade structure over the existing footpath dining area for 159-171 Anzac Parade, Kensington subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 07-104-02 to 07-104-06, Rev A, dated 31/5/2007 and received by Council on 12 June 2007, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The awnings annexed to the northern and eastern sides of the proposed umbrellas are not supported and shall be deleted from the plans prior to the issue of a construction certificate.

 

3.       The PVC vertical wall panels are not supported and shall be deleted from the plans prior to the issue of a construction certificate.

 

4.       The umbrellas shall have a minimum height clearance from the footpath of 2.2 metres when open. The plans submitted for the construction certificate shall be amended to demonstrate compliance with this requirement.

 

5.       The umbrellas shall be designed and constructed as temporary structures and must be removed by the applicant if:

 

·                Any public utility authority requires the shade structures to be removed to facilitate access for maintenance/upgrade of services within the license area; 

·                The duration of the license agreement expires and a new license is not entered into; or

·                The licensee fails to comply with the terms of the license agreement and/or Council determines that the umbrellas are posing a safety hazard.

 

6.       All works within the road reserve shall be undertaken by a Council approved contractor. The contractor engaged to undertake the works must hold full public liability in relation to any claims sustained as a result of the works.

 

7.       All material and equipment must be stored within the existing licensed area at all times during the construction works.

 

8.       The licensee (of the subject footpath dining area) shall clean, maintain, renew and repair the umbrellas/shade structures located within the road reserve, with all works being undertaken to the satisfaction of Council.

 

9.       The licensee shall hold full public liability in relation to any claims, demands, writs etc. sustained as a result of the umbrellas/shade structures.

 

10.     The licensee shall keep a policy of public risk insurance with respect to the umbrellas/shade structures. The limit of public risk shall be not less than $20,000,000 or such other sum as the Council may reasonably nominate in writing from time to time as the amount, which may be paid arising out of any one single accident or event.

 

NOTES:

 

a.       The policy shall extend to cover death or injury to any person and damage to property of any person sustained by the shade structures or when such person is using or entering the licensed area.

 

b.       The policy must name the Council as the owner and the licensee as the insured and must contain a clause that the insurer will not change the insurance without first giving the Council ten (10) days prior written notice.

 

c.       The insurance must be with an insurer approved by the Council and a copy of the policy or a certificate of insurance shall be delivered by the licensee to the Council.

 

11.     The licensee shall ensure that no structures are erected, nor goods stored, nor any work carried out in, on or over the public footway other than those approved by Council and the RTA.

 

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

 

13.     Prior to use of the umbrellas/shade structures the applicant/proposed Licensee shall amend the existing license agreement to include the approved shade structures. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

14.     The proposed umbrellas shall comply with the requirements of Council’s Development Control Plan “Footpath Dining & Trading”. No advertising or other structures shall be installed without the prior written consent of Council. The umbrellas and footings must be designed by a suitably qualified structural engineer to ensure that they will be able to safely withstand heavy wind conditions.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

22.     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.

 

23.     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.

 

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:

 

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

·                The requirements and Guidelines of WorkCover NSW

·                Occupational Health and Safety Act 2000

·                Australian Standard 2601 (2001) – Demolition of Structures

·                The Protection of the Environment Operations Act 1997

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·                construction noise and vibration management;

·                construction traffic management provisions.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

MS EMMA FITZROY

DIRECTOR, CITY PLANNING

ACT. COORDINATOR FAST TRACK

 


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

8 November, 2007

FILE NO:

DA/696/2007 & PROP003634

 

PROPOSAL:

 Demolition of existing dwelling and erection of a new two storey dwelling with basement parking and storage

PROPERTY:

 16A Undine Street Maroubra

WARD:

 Central Ward

APPLICANT:

  J & K Moore

OWNER:

 J & K Moore

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

LOCALITY

PLAN

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Planning Committee for determination at the request of Councillors Seng, Andrews and Nash.

 

The application details the demolition of the existing dwelling and erection of a new two storey four bedroom dwelling.

 

The main issue is the impact the development will have upon the amenity of the adjoining properties, in terms of overshadowing and bulk and scale.

 

The application is recommended for approval.

 

2.    THE PROPOSAL

 

The application is for the demolition of the existing semi detached dwelling and erection of a new two storey dwelling with basement. The dwelling will comprise at ground level two bedrooms, bathroom, lounge, kitchen and dining opening onto a rear terrace, the upper level proposes two bedrooms, two bathrooms, a living area and rear terrace. A portion of the roof will be utilised as an open terrace. The basement level will contain parking for two vehicles, a laundry, plant room, storage and rain water tank. A new masonry metal infill panel front fence up to 1419mm in height is proposed.

 

The dwelling will provide for a total habitable floor area of 225m².

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the western side of Undine Street between Banks Street and Marine Parade and is presently occupied by an existing single storey dwelling which forms half of a pair of asymmetrical semi detached dwellings.  The site has a frontage width of 6.095m, a side boundary depth of 38.555m and has an overall site area of 238m². The site falls from the rear to front with a difference of up to 2m. The locality is residential in nature and contains a mixture of semi detached and free standing dwellings, recently erected dwellings are substantial in size. The immediate locality is within the foreshore scenic protection area.

 

4.    SITE HISTORY

 

A previous Development Consent  DA/592/06 detailed alterations and additions to the existing dwelling including a new first floor with terraces at front and rear, roof terrace, and conversion of the front portion of the dwelling into a garage.

 

That application was accompanied by a complementary development application, DA 593/06, for the demolition, of the adjoining semi detached dwelling at 16 Undine Street and erection of a new dwelling with garage beneath. That new dwelling and the alterations and additions to the subject dwelling would present a cohesive building within the streetscape and to ensure that both buildings are erected at the same time specific conditions were included with the consent to each dwelling.

 

The approved development and this proposed development differs in the following areas;

 

a)     The new development proposes a basement level, including car parking, the approved development proposed the conversion of a bedroom at the front of the dwelling into a garage.

b)     The front boundary setback of the proposed development is 6.09m, the approved development has a front boundary setback of 5.09m.

c)     The southern side boundary setback is 900mm, the approved development maintained the existing side boundary setback which is up to 850mm.

d)     The overall height of the building has been reduced by 680mm.

e)     The roof terrace has been increased by 2m².

f)     The roof design now proposes a parapet and solar panels.

g)     The overall length of the building has been reduced by 2m.

 

5.    COMMUNITY CONSULTATION:

 

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

 

H R Green of 3 Banks Street Maroubra

Issue

Comment

The height of the building is above the 7m height limit which should be maintained to ensure that views across Lurline Bay can be shared.

The proposed external wall height of the building for the most part satisfies the preferred solution of the DCP, being 6.4m, the external wall height preferred solution is exceeded at the portion of the building containing the stairwell to the rooftop which is not significant in the context of the whole building.

The building setbacks of the rear of the building are not in line with the existing development which is contrary to Council’s DCP. If this aspect is not enforced views to the skyline and water will be adversely affected.

The proposed rear boundary setback is 9.2m which satisfies the preferred solution minimum of 4.5m.

The proposed development may set a precedent with respect to loss of views and is out of keeping with the established low density development in the locality.

The immediate locality contains a variety of new dwellings of two and three stories and this development will not set any precedent for new development within the immediate locality and will not result in any significant loss of views.

 

G & S Smith of 11 Banks Street Maroubra

Issue

Comment

The external wall of the building is 1.5m above Council guidelines and is above the roof of the adjoining semi detached dwelling.

The proposed external wall height of the building for the most part satisfies the preferred solution of the DCP, being 6.4m, the external wall height preferred solution is exceeded at the portion of the building containing the stairwell to the rooftop which is not significant in the context of the whole building.

The floor space ratio of the dwelling is well outside Council guidelines.

See detailed assessment in Section 7.

The setback from the rear boundary is misleading in that the solid wall on the northern side of the patio increases the building footprint as it takes up a large proportion of the rear yard.

The proposed rear boundary setback is 9.2m  to the  external face of the building which satisfies the preferred solution minimum of 4.5m.

Overall the structure is very imposing and large and is well outside of Council guidelines.

See detailed discussion in Section 7 in relation to bulk and scale of the development.

 

G Castanos of 18 Undine Street Maroubra

Issue

Comment

The proposed development will block out sunlight to living areas and rear garden during winter months especially in mornings.

See discussion in Section 7.

The development may have an impact upon the ongoing operation of the existing solar hot water system upon their roof due to additional overshadowing.

A condition of consent has been agreed to by the applicant to meet any costs associated with the relocation of the solar hot water system.

The development exceeds the Council’s height requirements with the building wall being 1.5m in excess of the guidelines.

The proposed external wall height of the building for the most part satisfies the preferred solution of the DCP, being 6.4m, the external wall height preferred solution is exceeded at the portion of the building containing the stairwell to the rooftop which is not significant in the context of the whole building.

The proposed building is too large for the size of the block of land.

See detailed assessment of bulk and scale of development in Section 7.

Comments on the shadow diagrams will be forwarded after a consultants report has been completed.

Noted.

 

G Castanos of 18 Undine Street Maroubra, 2nd Submission

Issue

Comment

The shadow diagrams indicate that there will be a significant reduction in solar access with some windows having sunlight eliminated from them, and an inadequate amount of solar access to the solar hot water service.

A condition of consent is included requiring the applicant to meet any costs associated with the relocation of the solar hot water system.

The proposed development will increase living costs due to increased electricity for heating and lighting and dampness may result to north facing walls due to elimination of solar access and reduced light and air.

There is no evidence to suggest that the development will increase electricity costs and the side boundary setback between the two dwellings is not reduced and will maintain adequate access to fresh air and ventilation.

The rear yard will be raised which will impact upon privacy and view loss.

The proposal does not detail any raising of the rear yard level.

The development significantly contravenes the Council DCP in other areas in relation to floor space and building bulk and does not fit in with the general streetscape, including that no other development has a roof terrace.

See detailed assessment of bulk and scale of development in Section 7. It should be noted that recently approved and constructed development in the immediate locality contains examples of roof terraces.

 

P & M Carman of 18A Undine Street Maroubra

Issue

Comment

The rear elevation extends further towards the rear than neighbouring dwellings.

The proposed rear boundary setback is 9.2m to the external face of the building which satisfies the preferred solution minimum of 4.5m.

 

The building height is outside of Council guidelines.

The proposed external wall height of the building for the most part satisfies the preferred solution of the DCP, being 6.4m, the external wall height preferred solution is exceeded at the portion of the building containing the stairwell to the rooftop which is not significant in the context of the whole building.

 

The stated view sharing is a contradiction in that the only view from their property will be an imposing two storey wall.

The view from the upper level balcony at the front of this dwelling will not be completely obscured by the development with view sharing being respected.

 

The building appears too large for the space and immediate locality.

See detailed assessment of bulk and scale of development in Section 7.

 

 

6.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

7.    ENVIRONMENTAL ASSESSMENT

 

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

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

Landscaping

 

Preferred Solution

Assessment

S1

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

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 87sqm. Complies.

S1

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

The above area has dimensions of 6.095m x 9.2m. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

35% of the site is permeable. Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

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

The proposed FSR is 0.94:1. Does not comply – see assessment below.

 

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

An assessment of the bulk and scale of the proposal in comparison with other recently approved development in the immediate locality has determined that whilst the preferred solution of the DCP is not complied with, the overall bulk and scale of the dwelling will not be incompatible with the established scale of the locality which satisfies the objectives and performance requirements of the DCP.

It should be noted that the proposed floor area of the building, in comparison with the already approved development, is increased by an additional 34m² which arises because of the inclusion of the new basement level, less the 40m² allowance for garaging, and results in a floor space ratio of 0.94:1. If this basement level is excluded from the floor area calculation the resultant floor space ratio is 0.8:1, which is the same as the approved development and the external envelope of the development remains essentially identical to that approved under DA/592/06.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The external wall height of the proposed dwelling varies from 6.4m to the dwelling proper and 8.1m at the wall of the stairwell to the upper level terrace. The extent of non compliance is not significant in the context of the whole length of the building and will not result in any appreciable different impact upon the adjoining property if the dwelling fully complied.

S3

Cut or fill does not exceed 1m.

Conditions of consent are included with respect to the proper excavation and retaining of the site during and after building works.

S3

No excavation within 900mm of a side boundary.

Conditions of consent are included with respect to the proper excavation and retaining of the site during and after building works.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

Length of second storey portion is greater than 12 metres along the southern boundary, however, given the narrow width of the site, it is considered reasonable. Further, reducing the length of the upper storey addition would have minimal effect in reducing overshadowing of the adjoining property to the south.

S5

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

See assessment below.

                  

 

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

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

As discussed previously there is an existing complementary application for alterations and additions at No.16 Undine Street, which has been approved as part of a previous scheme which detailed works to both semi detached dwellings. Conditions of consent which ensure that this application relies on the other for construction are recommended for inclusion with any consent granted which will ensure that the pair of dwellings will not degrade the existing local streetscape and the relevant objectives and performance requirements of this portion of the DCP will remain satisfied.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 6.09 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings.

 

S2

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

The proposed dwelling is 9.2 metres from the rear boundary. Complies.

 

S3

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

The side boundary setback to the southern boundary is 900mm, and the northern set back is to the side boundary, does not comply see assessment below.

S3

Side setbacks be 1.5m at second floor level.

The side boundary setback to the southern boundary varies is  900mm, and the northern set back is to the side boundary, does not comply see assessment below.

 

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

The side boundary setbacks of the dwelling do not satisfy the preferred solutions of the DCP at both levels. The siting of the alterations and additions up to the northern side boundary is to the party wall between the two semi detached dwellings and will not result in any adverse impact to that dwelling. With respect to the southern side boundary setback the upper level setback is consistent with nearby dwellings and given the width of the site it would be unreasonable and impractical to require strict compliance with the preferred solution of the DCP, and there will not be any appreciable difference between a complying setback upon the amenity adjoining dwelling to the south.

Visual & Acoustic Privacy

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

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

There will not be any significant loss of privacy to the adjoining property in that the new windows within the upper level serve bedrooms and bathrooms, the windows to the living room is screened by aluminium shutters and the rear terrace includes a 2.2m high opaque glazing privacy screen. The roof top terrace will look across the roof of the adjoining properties to the north towards the ocean and not into any private living areas of the adjoining properties.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwelling has parking for 2 cars. Complies.

S1

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

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

S1

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

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

S1

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

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

S2

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

The proposed garage is located behind the building line. Complies.

 

Fences

 

Preferred Solution

Assessment

S1

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

The proposed new front fence varies in height from 1084mm to 1419mm, the degree of non compliance arises due to the fall of the site from south to north and will not result in any adverse impact upon the streetscape and will not be inconsistent with the established fencing form in the locality.

Foreshore Development

 

Performance Requirements

Assessment

P2

Building form, colour, materials and finishes are sympathetic.

A condition of consent is recommended to require the provision of a schedule of materials, colours and finishes for approval by Council prior to release of a Construction Certificate.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Complies.

 

View Loss

 

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

 

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

 

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

 

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

 

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

 

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

 

The properties in Banks Street are elevated above the subject property and to varying degrees enjoy views towards the north across to Lurline Bay from the upper level balconies of those dwellings. The proposed development will in part obscure a small degree of outlook across the water towards the north, with the majority of view remaining unaffected. When undertaking an assessment of the view loss and view sharing, a determination must be made as to the extent of view loss and the impact that this will have upon the property which has the benefit of the view. In this instance the view loss is assessed as follows;

 

1.       The view across the subject property to the north towards Lurline Bay is a significant view with value during both day and night.

2.       The views which are the subject of objections are obtained across the adjoining property towards the north above the roof of the dwellings in Undine Street and for the most part are not impacted by this development.

3.       The extent of view loss in comparison with the remaining substantial views is regarded as minor.

4.       The overall proposal complies with the relevant assessment criteria including the objectives and performance requirements of the DCP for Dwellings.

 

With respect to the property at 18A Undine Street the primary view from the upper level is from the balcony at the front of the dwelling which is orientated towards the north east. There is no view from the northern side of that dwelling as the party wall is upon the side boundary. The view loss from this property is assessed as follows.

 

a)     The primary view is across the front of 18A Undine Street to the north east direction.

b)     The view loss which is the subject of this submission is across the subject property looking sideways across the site.

c)     The extent of view loss in comparison to the primary view from the front of the dwelling is regarded as minor.

d)     The overall proposal complies with the relevant assessment criteria including the objectives and performance requirements of the DCP for Dwellings.

 

Therefore, on balance it is not considered that the extent of view loss is so significant to warrant the refusal of the application in whole or part, or require any amendments to the proposed dwelling. 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S2

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

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

S2,8

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

N/A

S9

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

Overshadowing of the adjoining property to the south is unavoidable. Solar collectors could be repositioned to ensure their ongoing operation, a condition to this effect is recommended.

 

S9

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

Overshadowing of the adjoining property to the south is unavoidable.

 

S9

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

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

 

Due to the orientation of the site on an east west axis, there will be an unavoidable degree of additional overshadowing to the southern adjoining property at 18 Undine Street.

 

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

 

8.    RELATIONSHIP TO CITY PLAN

 

The relationship with the City Plan is as follows:

 

Outcome 4:    Excellence in urban design and development.

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

 

 

 

 

9.    CONCLUSION

 

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

 

RECOMMENDATION:

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/696/2007 for permission to demolish the existing dwelling and erect a new dwelling at 16A Undine Street, Maroubra subject to the following conditions:

 

1.     The development must be implemented substantially in accordance with the plans numbered DA-01, DA-02, DA-03, DA-04, DA-05, DA-06, DA-07, DA-08, DA-09, DA-10, DA-12 & DA-13, dated June 2007 and received by Council on the 21st August 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 colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

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

 

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

 

Details of the proposed colour of the roof are to be submitted to and approved by the Director of City Planning, in accordance with the section 80A (2) of the Environmental Planning and Assessment Act 1979, prior to the roofing being installed.

 

4.     There must be no encroachment of the new front fence onto Council’s road reserve, footway, nature strip or public place.

 

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

 

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

 

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

 

8.     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.

 

9.     The dwelling must be constructed at the same time as the adjoining new dwelling at 16 Undine Street to the satisfaction of Council.

 

10.   A Construction Certificate for DA consent 696/07 must not be issued by Council or an Accredited Certifier unless that Construction Certificate also incorporates DA consent 593/06.

 

Reason:

 

Council is of the opinion that approval of both DA 696/07 and DA 593/06 is warranted only in circumstances where both semi detached dwellings, known as No.s 16 & 16A Undine Street, Lurline Bay are acted upon concurrently. The condition is imposed to prevent the owner of either property engaging a private certifier to issue an individual construction certificate for their property. Failure to comply with this condition would amount to an offence pursuant to the Environmental Planning and Assessment Act. In the absence of both consents being acted upon concurrently a streetscape issue may arise.

 

11.   An Occupation Certificate must not be issued for the first floor addition to the subject development prior to the adjoining dwelling at 16 Undine Street (approved under DA 593/2006) being constructed at least up to “lock up” stage (completion of all structural work, internal and external wall frame, roofing, guttering and drainage and external walls/cladding and finishes) to the satisfaction of Council.

 

12.   To ensure the ongoing operation of the solar hot water heating system to the roof of the adjoining property at 18 Undine Street the owner of the subject land at 16A Undine Street must met the cost of any relocation of the system upon the roof of the dwelling at 18 Undine Street.

 

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

 

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

 

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

 

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

 

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

 

·        Stormwater management (i.e. rainwater tanks)

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

·        Landscaping provisions

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

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$ 350 000

1.0%

$ 3 500.00

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

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

 

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

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·                Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

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

·                Details of hazardous materials, including asbestos

·                Method/s of demolition and removal of asbestos

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

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

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

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

·                Date the demolition and removal of asbestos will commence

 

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

 

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

 

19.   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.

 

20.   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.

 

21.   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.

 

22.   A Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works (prior to an Occupation Certificate being issued), which confirms that the relevant requirements contained in the Asbestos Survey and conditions of consent, in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

23.   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).

 

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

 

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

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

 

25.   25        The installation of rainwater tanks and greywater treatment systems shall comply with the following noise control requirements:-

 

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

 

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

 

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

 

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

 

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

·       before 7.00am or after 8.00pm on weekdays.

 

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

 

26.   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.

 

27.   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.

 

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

 

A copy of the construction certificate, the approved plans 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

 

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

 

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

 

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

 

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

 

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

 

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

 

30.   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.

 

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

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

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

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

 

32.   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.

 

33.   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.

 

34.   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.

 

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

 

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

 

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

 

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

 

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

 

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

 

36.   All demolition work is to be carried out in accordance with the provisions of AS2601- The Demolition of Structures.

 

37.   Any building/demolition works involving asbestos products are to be carried out in accordance with WorkCover New South Wales requirements, guidelines and codes of practice.

 

38.   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.

 

39.   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

·       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.

 

Notes

 

·       This 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).

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

 

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

 

41.   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.

 

42.   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.

 

43.   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.

 

44.   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.

 

45.   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.

 

46.   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 details.

 

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 amenity 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.

 

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

 

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

Dust control measures and practices may include:-

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

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

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

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

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

·       Landscaping and revegetation of disturbed areas.

 

48.   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.

 

49.   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.

 

50.   A warning sign for sediment control, 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)         $1000.00       -        Damage / Civil Works Security Deposit

 

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

 

·  A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

·  Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

56.   The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

Pedestrian Gate Entrance – RL 24.65 AHD.

Driveway Entrance – RL 24.53 AHD.

 

The above driveway level has been issued to assist in internal driveway gradients, proposed by the applicant, to the basement garage. Any enquiries regarding this matter can be directed to Mr P O’Sullivan on 9399 0923.

 

57.   The design alignment levels (concrete/paved/tiled level) issued by Council 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.

 

58.   The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $268.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

59.   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.

 

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

 

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

 

61.   Generally all site stormwater shall be piped to a silt arrester pit that drains to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines and silt arrestor pit shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a.      The sediment/silt arrestor pit shall be constructed:-

 

i.     within the site at or near the street boundary.

ii.     with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.    with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.    with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.    with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.      The overflow pipe/s from the rainwater tank/s shall be directed into the sediment/silt arrestor pit.

 

62.   Any stormwater runoff which cannot be directed to the kerb and gutter at the front of the property (via the sediment/silt arrestor pit as detailed above) shall be discharged either:

 

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

b)       To a separate suitably sized infiltration area. As a guide, infiltration areas which do not have an overflow to the street 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 draining to the infiltration area.

 

Prior to the use of infiltration in areas 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.

 

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

 

Notes:-

 

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

 

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

 

64.    Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

65.   In order to visually 'soften' the expanses of hard pavement, brick unit pavers or similar shall be used throughout the driveway and carpark areas on the site. Such details shall be shown on the detailed engineering documentation and shall include all structural design details including pavement/subgrade thickness.

 

Such details shall be in accordance with the relevant Australian Standard and shall be submitted to, and approved by, the Principal Certifying Authority, prior to the issue of the Construction Certificate.

 

ADVISORY MATTERS:

 

A1      This consent does not authorise any trespass or encroachment upon any adjoining land or building whether private or public.  Where any access, underpinning, shoring or any other works are proposed to be carried out upon any adjoining land the owner/builder must obtain:

 

a)     the consent of the owners of the adjoining land to access, carry out works or encroach upon their land, or otherwise affect an easement, right-of-way or other restriction on the certificate of title, 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.

 

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

 

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

 

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

 

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

 

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

 

ATTACHMENT/S:

 

Nil.

 

 

 

 

 

 

………………………………

………………………………

SIMA TRUUVERT

PERRY HEAD

DIRECTOR , CITY PLANNING  

SENIOR ASSESSMENT OFFICER


 

Development Application Report

 

 

 

 

REPORT BY:           DIRECTOR, CITY PLANNING

 

DATE:

4 December 2007

FILE NO:

DA/259/2007 & PROP045940Nil

 

PROPOSAL:

 New attached dual occupancy

PROPERTY:

 385 Bunnerong Road, Maroubra

WARD:

 Central Ward

APPLICANT:

 C & C Perez

OWNER:

 C & C Perez

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

LOCALITY

PLAN

 

 

 

 

 

 

 

1.    EXECUTIVE SUMMARY

 

The application is referred to the Planning Committee for determination at the request of Councillors Seng, Belleli and Notley-Smith.

 

The application details the demolition of the existing dwelling and erection of a new two storey attached dual occupancy.

 

The main issue is the appearance of the building upon the local streetscape.

 

The application is recommended for refusal.

 

2.    THE PROPOSAL

 

It is proposed to demolish the existing dwelling and erect a new two storey attached dual occupancy with one garage and one carport for each dwelling. The dwellings are of mirror image design and comprise at ground level living, dining, family, kitchen and utility areas and within the upper level three bedrooms, a study, two bathrooms and balconies off the front and rear of the building. The dwellings will each have a floor area of 149m².

 

3.    THE SUBJECT SITE AND SURROUNDING AREA:

 

The subject site is located on the eastern side of Bunnerong Road between Hinkler and Parer Streets and is presently occupied by an existing free standing single storey dwelling.  The site has a frontage width of 15.56m, a side boundary depth of 32.66m and has an overall site area of 572m², the site falls from the front to rear with a difference in levels of up to 1m. The locality is residential in nature and contains predominantly single and two storey free standing dwellings, and attached dual occupancies including one adjoining to the south.

 

4.    COMMUNITY CONSULTATION:

 

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

 

4.1 Objections

 

S & I Tzannes of 3 Donovan Avenue Maroubra

 

Issue

Comment

There will be a loss of privacy as a result of the large windows and balconies which will be able to look over the rear yards.

The rear of the objector’s property has extensive perimeter screen planting which will prevent direct unobstructed vision into their rear yard.In addition the subject balconies are at the closest point 8m from the rear boundary, serve bedrooms and are relatively modest in size and would not be able to be used to occupy a large number of people which would cause any significant nuisance to the adjoining properties.

There may be increased dangers for traffic with additional driveways to Bunnerong Road.

The provision of one additional driveway to this site is consistent with the adjoining dual occupancy building and the provision of a potential additional traffic movement to or from the site would not have a significant impact upon traffic movement in this section of Bunnerong Road.

The buildings is sited up to both side boundaries and is too close to the rear of the site.

See detailed assessment in Section 7 relating to the position of the carports.

The overall size of the development is too large.

A SEPP 1 Objection has been lodged with respect to the maximum floor space ratio in the LEP being exceeded, see detailed assessment in SEPP 1 consideration.

 

M Rose of 5 Donovan Avenue Maroubra

 

Issue

Comment

The development will result in a loss of privacy from the rear balconies.

The rear of the objector’s property has some perimeter screen planting which filters the view from the rear of the subject property. In addition the subject balconies are at the closest point 8m from the rear boundary, serve bedrooms and are relatively modest in size and would not be able to be used to occupy a large number of people which would cause any significant nuisance to the adjoining properties.

The development over rides the Council’s floor space ratio.

A SEPP 1 Objection has been lodged with respect to the maximum floor space ratio in the LEP being exceeded, see detailed assessment in SEPP 1 consideration.

The development is completely out of character with the other homes in the area.

There are a number of buildings of similar bulk and scale within the immediate locality and overall a building of this nature will not be out of keeping with the established character of the locality.

 

5.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

6.    ENVIRONMENTAL ASSESSMENT

 

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

 

 

Randwick Local Environmental Plan 1998

 

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

 

Clause 31

 

Under this Clause of the LEP development other than for a dwelling within a 2A zone must provide a minimum of 40% of the total site area as landscaped area. The proposal provides for 39% of the site area as landscaping which is less than the required minimum, a SEPP 1 Objection has been lodged and is assessed below.

 

Clause 32

 

The maximum floor space ratio for buildings other than dwellings in a 2A zone is 0.5:1. The proposed development has a floor space ratio of 0.53:1, which does not comply and a SEPP 1 Objection has been lodged, this Objection is assessed below.

 

Clause 33

 

The maximum external wall height for a building within a 2A zone, other than for dwellings, is 9.5m from any point at ground level with a maximum external wall height of 7m. The building has an overall roof height of 7.8m and external wall height of 7m, which satisfies both of the controls within this clause.

 

SEPP 1 Objection Assessment

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, in relation to non-compliance of the scheme, and has argued that strict compliance with clauses 31 & 32 of Randwick LEP 1998 is unreasonable and unnecessary in the circumstances for the following reasons:

Clause 31

 

·                the underlying purpose of the clause relating to landscaping is mostly satisfied.

·                the degree of landscaping non compliance is less than 1%.

·                the minimum soft landscaping requirements are satisfied.

·                additional landscaping could be introduced above the carports which would satisfy the controls.

·                additional indigenous planting could fulfil the objectives of the clause.

 

Clause 8 of SEPP No. 1 sets out the matters, which shall be considered in deciding whether concurrence should be granted, stating that:

 

“The matters that shall be taken into consideration in deciding whether concurrence should be granted are –

 

a.     Whether non-compliance with the development application raises any matter of significance for State or regional environmental planning; and

 

b.     the public benefit of maintaining the planning controls adopted by the environmental planning instrument.”

 

The variation is negligible and is unlikely to impact on any matters of significance in either state or regional planning. Allowing the variation will not affect the public benefit sought as part of the objectives for this development standard within Clause 31 Landscaping, of RLEP 1998.

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes, Clause 31 is contained within an LEP and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

The purpose of the standard is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purpose.

 

The minor variation to the minimum landscaping requirement will not result in any significant difference in the potential to control urban runoff and will not result in inadequate areas of open space for recreation for the occupants.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

The variation from the standard in this control of the LEP is negligible being less than 1%, with the landscaped area proposed being 39.77% of the site area. The development achieves the performance requirements of the objective of this control and strict compliance with the standard is considered to be unnecessary as the difference in the proposed and complying area of landscaping would not be readily discernible.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

 

Given the lack of impact to the amenity of either the occupants or owners of the adjoining properties and the streetscape, strict compliance with the development standard is considered to be unreasonable and unnecessary.

 

Pursuant to Clause 7 of SEPP No. 1, the objection is well founded and the granting of consent is consistent with the aims of the Policy. It is recommended that the SEPP 1 objection relating to minimum landscaping be supported.

 

Clause 32

 

·                the proportion and scale of the building is similar to the adjoining building at 387 Bunnerong Road.

·                the overall height of the building is less than the adjoining dual occupancy at 387 Bunnerong Road.

·                the use of a flat roof reduces overshadowing to adjoining properties.

·                the proposal is only marginally larger than the required floor area exceeding the requirements by 22m².

·                the materials and colour scheme will blend the proposal in with it’s surrounds.

·                the proposal complies with the prescriptive height, passive solar design, material use and energy efficiency.

 

Clause 8 of SEPP No. 1 sets out the matters, which shall be considered in deciding whether concurrence should be granted, stating that:

 

“The matters that shall be taken into consideration in deciding whether concurrence should be granted are –

 

a.    Whether non-compliance with the development application raises any matter of significance for State or regional environmental planning; and

 

b.    the public benefit of maintaining the planning controls adopted by the environmental planning instrument.”

 

The variation on balance is relatively small and is unlikely to impact on any matters of significance in either state or regional planning. Allowing the variation will not affect the public benefit sought as part of the objectives for this development standard within Clause 32, Floor Space Ratio, of RLEP 1998.

 

Justice Lloyd in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 in assessing a SEPP 1 objection asked the following questions:

 

First, is the planning control in question a development standard?

 

Yes, Clause 32 is contained within an LEP and is expressed as a development standard not a prohibition.

 

Second, what is the underlying object or purpose of the standard?

 

The purpose of the standard is to achieve reasonable upper limits of floor area for redevelopments without compromising the amenity of adjoining developments. The resultant bulk is consistent with the established character and density of the streetscape and its relationship to the surrounding locality. The variation will have no significant bearing on the amenity currently enjoyed by neighbouring properties and the additional floor area above the permissible will not have an unreasonable impact.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of the objects specified in section 5(a)(i) and (ii) of the EP&A Act?

 

Varying the development standard will not hinder the attainment of the objectives of the LEP, sections 5(a) (i) and (ii) of the SEPP and the EP&A Act.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

It is considered that within the context of the streetscape and immediate locality that the variation to the control and this objection can be supported. The development achieves the performance requirements of the objective and strict compliance with the standard is considered to be unreasonable and unnecessary. The variation represents some 22sqm which within the overall density of the development is relatively minor and will not result in any significant impact upon the amenity of the adjoining development.

 

Fifth, is the objection well founded? In relation to the fourth question, it seems to me that one must also look to see whether a development which complies with the development standard is unreasonable or unnecessary, as noted by Cripps J in the Hooker Corporation case.

 

It is considered that to require the proposed development to comply with the maximum permissible floor area would be unreasonable and unnecessary given there is an established density for new developments which is consistent with the proposal. Given the envelope and maximum heights are consistent with the streetscape and bulk of neighbouring properties requiring strict compliance with the standard would be unreasonable and unnecessary.

 

Pursuant to Clause 7 of SEPP No. 1, the objection is well founded and the granting of consent is consistent with the aims of the Policy. It is recommended that the SEPP 1 objection in relation to maximum floor space ratio be supported.

 

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

 

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

 

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

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping