Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

Tuesday 12 February 2008

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au

 




 

 

4 February 2008

 

 

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, 12 February 2008 at 6:30pm.

 

 

Committee Members:           The Mayor, B Notley-Smith, 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 28 September 2004, the Council resolved that the Planning Committee whose membership consists of all members of the Council be constituted as a committee with full delegation to determine matters on the agenda.

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting – 4 December 2007

 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Urgent Businessaaaa

Development Application Reports

D1/08       11 Liguria Street, Maroubra

D2/08       200-210 Arden Street, Coogee

D3/08       1-17 Lister Avenue, Little Bay

D4/08       73 Clovelly Road, Randwick

D5/08       305 Anzac Parade, Kingsford

D6/08       211 Coogee Bay Road, Coogee

D7/08       4-8 Storey Street, Maroubra

D8/08       19-21 Lister Avenue, Little Bay


Miscellaneous Reports

M1/08       Improving the NSW Planning System - NSW Government Discussion Paper     

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

12 February 2008

 

 

Text Box: Item D1/08Development Application Report No. D1/08

 

 

Subject:                  11 Liguria Street, Maroubra

Folder No:                   DA/514/2006/A

Author:                   Senior Development Assessment Officer - Patrick Lebon     

 

Proposal:                     Section 96 (2) – Modification of approved development by alteration to openings, addition of rainwater tank, reconstruction of western basement and ground floor wall, alter front fence, re-pitch roof, new storage area in basement and alter ground floor porch.

 

Ward:                      Central Ward

 

Applicant:                Archman Design Services

 

Owner:                         Mrs G Constantinou

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

The Section 96 application seeks consent to make changes to the approved development in respect to the window location and sizes along the eastern and western elevations, the creation of a lower ground floor storage area and the demolition of the external walls of the lower ground level of the dwelling to allow for structural works associated with the approved development.

 

The application was notified to the surrounding properties and one objection was received during the notification period. The objection raised concerns regarding the new highlight windows at ground floor level, an enlarged lounge room window at first floor level and the inclusion of a rainwater tank to the rear portion of the approved dwelling on the western side of the site. The new ground floor windows will have sill heights of 1.8m and as such are considered acceptable and will not adversely impact the privacy of the adjoining property to the west. To address potential privacy impacts created by the first floor window to the lounge room, a condition has been included that will require the lower half of the window to be made frosted. The location of the rainwater tank is considered acceptable and does not require to be relocated. Whilst the proposed modifications related to the additional floor area (16.11sqm) do not comply with the FSR preferred solution of the DCP it is considered that the modifications will not add any additional bulk to the approved development as it is located within the basement and as such will not have a significant adverse impact to the neighbouring properties. The proposal will not alter the acceptable built form and scale of the approved development and will not create additional adverse impacts and as such is recommended for approval.

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The Section 96 application is referred to Committee as the original application was determined by Council. The recommendation is for approval subject to conditions.

2.    The proposal

The proposal involves modifications to the approved alterations and additions to the two storey dwelling. The works will include the following in detail:

External works

-   New rainwater tank and pump equipment to western elevation along rear of dwelling.

-   Relocate font pedestrian path approximately 2.3m from western boundary and amend front landscaping as required.

Lower ground floor

-   Demolish and then rebuild in same position the western external walls and two rear external walls of the dwelling to allow for underpinning of structure. Face brick of rebuilt portions of dwelling to match existing dwelling.

-   Subfloor area adjacent to laundry converted to storage area (16.11sqm).

Ground floor

-   New highlight window to walk-in-wardrobe on the western elevation with sill height of 1800mm.

-   New highlight window to bedroom 3 on the western elevation with 1800mm sill height.

-   New window with dimensions of 2.55m x 1.7m with 700mm sill height.

-   New highlight window to TV room near wet bar along eastern elevation with sill height of 1700mm

-   Increase size of bathroom window on eastern elevation with 1700mm sill height.

-   Demolish existing concrete balustrade to front porch and construct new steps to front porch.

First floor

-   Lower sill height of lounge window (denoted as W3 on west elevation plan) by approximately 500mm to match height of front corner lounge window (denoted as W2 on west elevation plan).

-   Deletion of one east facing window to lounge room and enlarge two remaining windows with sill

Roof

-   Re-pitch angle of roof to fall from north to south to eliminate requirement for box gutters.

3.    The subject site and surrounding area

The subject site is located on the southern side of Liguria Street between 7 and 11 and is presently occupied by an existing single storey dwelling.  The site is slightly irregular shaped and slopes steeply from the front of the site to the south east corner, with an overall height difference of 3.03m. The subject site has a frontage width of 12.19m, a eastern side boundary depth of 40.85m, a western boundary depth of 40.71m and has an overall site area of 490.37sqm. 

The neighbouring the property to the east, 15 Liguria Street is a single storey dwelling, to the west, 9 Liguria Street, is a two storey dwelling and to the rear the property adjoins the yards of dwellings that have a battle axe frontage to Mermaid Avenue (1 and 1A Mermaid Avenue).The surrounding area is residential in character and consists predominantly of detached residential dwellings that range from 1 to 3 storeys.

Figure 1 is a photograph of the subject site from Liguria Street. Figure 2 is an aerial view of the subject site and surrounding area.

Figure 1: The subject site from Liguria Street.

4.    Site history

4.1      History of site usage

Applications submitted for development on the site includes:

Development No.

Description

Determination

BA/979/1972

Additions

Approved

PL/63/2003

Pre-lodgement - first floor addition internal alterations and addition at rear of existing dwelling.

Advice given on 26 August 2003 raised concerns regarding proposed FSR, setbacks and external wall heights. Applicants recommended providing sufficient justification regarding these non-compliances.

DA/514/2006

Alterations and new upper floor addition including new ground and first floor balconies, decks to the front and rear, and new rear pool and landscaping

Approved at Council’s 13 February 2007 Health, Building and Planning Committee meeting.

 

 

Figure 2: The subject site (shaded) and surrounding area. The diagonal hatching indicates the area covered by Cl. 29 of the LEP.

5.    Community consultation

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

5.1      Objections

Mr George Nicola – 9 Liguria Street, Maroubra

Issue

Comment

The new highlight windows to the western elevation will provide “opportunity to look up into windows of our existing or approved dwelling.” The windows should be removed or “as a minimum that these windows to be non-operable and of frosted glass.”

The proposed high light windows exceed the DCP preferred solution in respect to minimum sill heights. As such making the windows non-operable or frosted is considered overly onerous and unnecessary.

The rainwater tank does not comply with the Dwelling Houses and Attached Dual Occupancies DCP in respect to side setbacks and should be relocated beneath the dwelling.

The DCP does not require rainwater tanks to comply with the 900mm setback and it is noted that the Exempt and Complying DCP has a minimum 450mm rear and side boundary setback for rainwater tanks. A condition will be included with the modified consent that will require the rainwater tank to be painted or finished in a subdued colour that compatible with the approved dwelling.

The lowered sill height of the front first floor window to the western elevation will adversely impact upon privacy.

A condition has been included that will require the lower half of the window to be frosted.

It should be noted that Mr Nicola of 9 Liguria Street requested two extensions to the notification end date. The first two week extension from 19 December 2007 to 2 January 2008 was granted by the assessing officer; however Mr Nicola’s second request for a further 2 weeks and 4 day extension was declined and a revised deadline of 10 January 2008 provided. Mr Nicola’s objection to the proposed modifications to the development was received by Council on 10 January 2008.

6.    Technical officers comments

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

6.1      Development Engineer

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

 

An application has been received to modify development consent for alterations and additions at the above site.

 

This report is based on the following plans and documentation:

·      Job No 06/015B (S96) by Archman Design Services dated 23/11/07

 

The modifications to the development consent include a new front fence and path.

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      Relevant Environmental Planning Instruments

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

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Randwick Local Environmental Plan 1998.

-   Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

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

-   Randwick City Council Section 94 Development Contributions Plan

-   Building Code of Australia (BCA).

 

7.2      Section 96 Amendment

 

7.2.1   Substantially the same

The proposed modifications make relatively minor changes to the arrangement and position of windows and will not substantially alter the external appearance of the approved dwelling. The new storage area at lower ground level will not impact adversely upon the amenity of the adjoining properties and generally the works relating to the demolition of the lower ground level walls are acceptable. As such the proposed development is considered to result in substantially the same development as the approved development.

 

7.2.2   Consideration of submissions

See section 5.1 of this report for details regarding the submissions related to this Section 96 application.

 

7.3      Randwick Local Environmental Plan 1998

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

 

The following clauses of the Randwick Local Environmental Plan 1998 are applicable to the proposed development:

 

Clause No.

Requirement

Provided

Compliance

10 - Zone No 2A (Residential A Zone)

Any development must comply with the relevant zone objectives. Any development not included in subclause (2) or (3) of this clause is prohibited.

The proposal is permissible in the zone and satisfies the relevant zone objectives.

Complies.

22 - Services

The Council may grant consent to the carrying out of development on any land only where it is satisfied that, when relevant to the proposed development, adequate facilities for the supply of water and for the removal or disposal of sewage and drainage are available to that land.

The proposal will not require services that are beyond what the site is capable of providing.

Complies.

29 - Foreshore scenic protection area

The Council may only grant consent referred to in subclause (2) after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore.

The proposed modifications do not adversely affect the “probable aesthetic appearance of the proposed building in relation to the foreshore.”

Complies.

7.4      Draft Environmental Planning Instruments

7.4.1   Draft Randwick Local environmental Plan 2007

The proposal is not inconsistent with the general aims and objectives of the draft RLEP 2007.

 

7.5      Policy Controls

7.5.1   Development Control Plan

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

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.57:1 applies. 

The proposed FSR is 0.71:1. Does not comply – see assessment below.

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

The proposed modifications include the conversion of a portion of the lower ground level undercroft area into a storage area comprising of 16.11sqm. The additional floor area contributes to the gross floor area (GFA) of the site and thus increases the proposed development’s non-compliance with the DCP’s maximum permissible FSR for the site. The FSR of the approved development was 0.68:1 (333.45sqm) and the proposed storage area will result in the FSR increasing to 0.71:1 (349.56sqm) which is 70.05sqm above the maximum allowable GFA for the site of 279.51sqm.

Whilst there is an increased non-compliance of the development against the DCP preferred solution, it is considered that the new storage area at lower ground level will not contribute to the bulkiness of the dwelling or adversely affect its appearance to the street or neighbouring dwellings. As noted in the original Council report for the approved development it is deemed that the bulk and scale of the proposal “is generally commensurate with the other dwellings in the street and particularly the approved development at 9 Liguria Street. Development application 750/05 was approved on 10 March 2006 and granted consent for alterations and additions to the existing two storey dwelling at 9 Liguria Street with an FSR of 0.64:1. The additions were deemed to be “compatible with other recent development in the vicinity” and did not “substantially change the existing building envelope”.” The proposed modifications will not alter the compatibility of the built form and scale of the approved development with the surrounding development in Liguria Street.

It should also be noted that the lower ground level of the development consists of 67.89sqm which contributes 14% of the GFA of the site reducing the FSR of the building to 0.57:1, which is compliant with the DCP preferred solution. Furthermore, it is considered that the proposed development satisfies the performance requirement of the DCP in that the additional floor area will not adversely impact upon the adjoining properties and its location within the approved building envelope will nullify any impacts to the neighbouring dwellings.

As such the proposed FSR is considered acceptable.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal includes three new windows that may overlook habitable room windows of adjoining dwellings within 9 metres. Does not comply – see assessment below.

S1

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

Not applicable.

S1

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

The proposal includes eight new windows, three of which have sills less than 1.5m. Does not comply – see assessment below.

S3

Buildings comply with AS 371 and AS 2107.

Not applicable.

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and acoustic privacy.

The Performance Requirements include that overlooking of internal private living areas is minimised through appropriate building layout, location and design of windows and balconies; and separation, screening devices and landscaping be used to assist in minimising privacy impacts.

The proposed development will include eight new windows to the dwelling at ground and first floor levels. Of the new windows, four are enlarging approved windows while the remaining four are new additional windows to the approved development. Of the four new windows, three have sill heights that are 1.7m above finished floor level. The single new window to the ground floor wet bar has a 700mm sill height and is not compliant with the DCP controls. Of the modified windows, the two first floor windows to the front lounge will have sill heights at floor level; the ground floor window to the bathroom will maintain the 1.7m sill height while the front lounge room window will have a sill height of 1m. The enlargement of the first floor front lounge room window to the western elevation will have the potential to affect the visual privacy of the adjoining western property and as such a condition has been included that will require the lower half of the window to be made obscure.

Generally it is considered that the non-compliant sill heights of the windows to the eastern elevation of the first floor lounge room will not adversely impact upon the amenity or privacy of the adjoining properties as the windows will not provide any additional views into the habitable room windows or private open space of the neighbouring dwellings. The new 700mm sill window to the wet bar will primarily provide views over the roof of the adjoining eastern property and will not create any additional adverse privacy impacts.

As such the new windows and proposed modifications to the approved windows are considered acceptable and will not adversely impact the acoustic and visual privacy of the adjoining dwellings.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

The proposed front fence has a height of 1.5 metres and is compatible with the streetscape. Complies.

 

Foreshore Development

 

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

The proposed modifications will not adversely alter the acceptable form and scale of the approved development. Complies.

P3

Stepped buildings on sloping sites are articulated.

The building incorporates appropriate articulation that is reasonable for the sloped site.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

The proposed modifications do not affect the sharing of views. Not applicable.

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

 

7.6      Council Policies

7.6.1   Randwick City Council Section 94 Development Contributions Plan

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

$100,001 - $200,000

$26,000

0.5%

$130

Development Cost

More than $200,000

Not applicable.

1.0%

Not applicable.

8.    Relationship to City Plan

The relationship with the City Plan is as follows:

 

8.1     Outcome 4: Excellence in urban design and development.

The proposed modifications have an architectural quality that is sympathetic to the streetscape and will maintain the existing character of the surrounding area. The proposal will not become a dominant element to the streetscape and the additional floor area, although continuing a numerical non-compliance, will not adversely impact the amenity of the neighbouring dwellings.

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

The proposed modifications will improve the design and presentation of the dwelling to the street, provide additional living space and will not adversely impact the sustainability of the dwelling or the amenity of adjacent dwellings.

9.    Financial impact statement

There is no direct financial impact for this matter.

10. Conclusion

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Whilst the proposed modifications will continue the approved development’s inconsistency with the FSR preferred solution of the DCP it is considered that the development will not have a significant adverse impact to the neighbouring properties. The addition of new windows and the modification and enlargement of approved windows will not adversely affect the privacy of the adjoining dwellings and will be compatible with the surrounding residential area. The proposal will not alter the acceptable built form and scale of the approved development and will not create additional adverse impacts and as such is recommended for approval.

 

 

Recommendation

 

A.      That Council as the responsible authority grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 (as amended) to Modify Development Consent No. DA/514/2006/A on property 11 Liguria Street, Maroubra in the following manner:

 

Amend Condition 1 to read:

 

1.       The development must be implemented substantially in accordance with the plans numbered 06/0015-1B, 06/0015-2B, 06/0015-3B and 06/0015-4B, dated 18 November 2006, and received by Council on 4 December 2006, the application form and on any supporting information received with the application, as amended by the Section 96 plans drawn by Archman Design Services, numbered 06/015B S96 and received by Council on 28 November 2007, and the plan numbered 06/015B S96 and received by Council on 7 December 2007only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans.

 

Add the following conditions 52, 53, 54, 55, 56 and 57 to read:

 

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

 

52.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for the new pedestrian gate entrance shall be:

 

·      50mm above the top of the kerb opposite the proposed gate entrance.

 

53.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the kerb 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.

 

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

 

55.     The installation of rainwater tanks shall comply with the following noise control requirements:-

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

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Department of Environment & Conservation Noise Control Guidelines.

 

b)  Plant and equipment associated with rainwater tank(s) are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents.

 

c)  The operation of plant and equipment associated with the rainwater tank(s)  are to be restricted to the following hours if the noise emitted can be heard within a habitable room in any other residential premises:

 

    before 8.00am or after 8.00pm on weekends or public holiday; or

    before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

58.     The window numbered “w12” on the plan numbered 06/015B S96 titled “Proposed Ground Floor Plan 1:100” is to be provided with translucent, obscured, frosted or sandblasted glazing. Detail of compliance is to be shown on the construction certificate plans.

 

59.     To preserve the privacy of the adjoining property, the lower half of the first floor western facing lounge windows shall be provided with translucent, obscured, frosted or sandblasted glazing. Details of compliance are to be provided with the construction certificate application.

 

The following condition is applied to meet additional demands for public facilities;

 

60.     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

$100,001 - $200,000

$26,000

0.5%

$130

Development Cost

More than $200,000

Not applicable.

1.0%

Not applicable.

 

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.

 

61.     The colour of the rainwater tank to the western elevation shall be painted or finished in a subdued colour that is compatible with the colour scheme of the approved development. Details of compliance are to be provided with the construction certificate application.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 February 2008

 

 

Text Box: Item D2/08Development Application Report No. D2/08

 

 

Subject:                  200-210 Arden Street, Coogee

Folder No:                   DA/729/2007

Author:                   Senior Assessment Officer - Perry Head     

 

Proposal:                     Installation of removable canopy over enlarged outdoor eating area

 

Ward:                      East Ward

 

Applicant:                C M Hairis

 

Owner:                         Coogee Legions Club

 

Summary

Recommendation:     Approval

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


 

1.    Executive Summary

 

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

 

The application details the installation of a removable/demountable canopy structure to an expanded outdoor dining area.

 

The main issues relate to compliance with the DCP- Footpath Dining and Trading and the visual impact upon the Coogee beachfront area.

 

The application is recommended for approval.

 

2.    The proposal

 

The proposal details the replacement of the existing canopy with a light weight removable/demountable canopy over the existing outdoor seating area, and increasing the area of the outdoor dining from 21m² to 31m². The canopy is to be constructed with galvanized steel framework painted to match the colour of the Coogee Legion building and the design of the recently approved and erected canopy above the outdoor dining at the Coogee Yeeros Café. The roof will be Polyvinyl Chloride (PVC)/Polyester and the sides clear PVC with associated signs above. The footpath dining area is associated with the Café Congo which occupies a commercial premise at ground level with an area of kerbside outdoor dining directly in front on the footpath of Arden Street.

 

3.    The subject site and surrounding area

 

The subject site is on the western side of Arden Street on the corner of Coogee Bay Road directly opposite Goldstein Reserve and Coogee Beach and consists of a two storey building containing the Coogee Legion Club at the first floor level and several commercial uses at ground level. The remainder of Arden Street has a number of other commercial uses and cafes, some of which provide outdoor seating.

 

4.    Site history

 

Development Consent, DA/215/1996, was granted on the 15th August 1996 to provide for an area of footpath seating to the front of the existing café.

 

5.    Community consultation

 

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

 

5.1 Objections

 

R Wade Secretary of the Coogee Precinct Committee

 

Issue

Comment

There are concerns that the extension of outdoor dining does not allow for adequate room for pedestrian movement in this section of Arden Street.

There is a clear access of 3.160m between the area of the footpath dining and building which complies with a minimum of 2.5m for busy footpaths. There is a distance in excess of 10m from the corner of Arden Street and Coogee Bay Road and the area of outdoor dining which allows for ample room for pedestrian movement on the footpath and around the outdoor dining area.

The precinct committee opposes any plans to allow signage under the vaulted area and right on the Arden Street frontage so as to be non obtrusive in the foreshore.

A condition of consent is recommended requiring that there is a single sign to the canopy which is restricted to business identification only and details of the wording and colours are to be provided to Council for approval prior to the issuing of a Construction Certificate.

 

Mrs D Buchanan of 83 Beach Street Coogee

Issue

Comment

Objects strongly to increased outdoor dining area as it will increase congestion.

There is a clear access of 3.160m between the area of the footpath dining and building which complies with a minimum of 2.5m for busy footpaths. There is a distance in excess of 10m from the corner of Arden Street and Coogee Bay Road and the area of outdoor dining which allows for ample room for pedestrian movement on the footpath and around the outdoor dining area.

The statement accompanying the application states that advertising signs will be included with the new canopy and blinds.

A condition of consent is recommended requiring that there is a single sign to the canopy which is restricted to business identification only and details of the wording and colours are to be provided to Council for approval prior to the issuing of a Construction Certificate.

The original approval for outdoor dining and licence was on the basis that the area was exposed to the elements.

Notwithstanding the original approval, Council must consider the subject application for the erection of a removable canopy above the area of outdoor dining on its merits, see assessment in Section 8.

 

6.    Technical officers comments

 

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

 

Landscape Comments

There is one Araucaria heterophylla (Norfolk Island Pine) of approximately 10 metres in height within Council’s footpath, right at the northern end of the lease area, which is one of the larger specimens in this immediate area, forming an important visual link with other similarly sized trees of the same species along the length of both this street and within Council’s Goldstein Reserve to the east.

 

It appears in reasonable health, but average condition due to a combination of past pruning from its western aspect, as well as the harsh growing environment both above and below ground, and is covered by the provisions of Council’s Tree Preservation Order (TPO) due to its location on public property.

 

The plans propose that the existing ‘tent-style’ structures will be replaced by a formal canopy and associated steel posts and footings, and providing the overhead canopy is designed in such a way so as to accommodate movement and expansion of the trunk over time, the only impact will be the need to perform under-pruning or canopy lifting, in order to avoid conflict/interference with the proposed structure both during the course of the works and upon completion.

 

As the amount of pruning (approx. 3.2 metres above ground level) will not constitute a threat to its health, conditions in this report grant approval, subject to the applicant covering all costs for Council to perform the required works.

 

Canopy Comments

It is understood that the premises has a current approval for outdoor dining which is valid until April 2010. The submitted plans indicate that the umbrella style canopies which currently exist over the dining area will be replaced by a barrel vaulted canopy similar to that approved at 204-206 Arden St.

 

The subject application also seeks to increase the outdoor seating area from 21m2 to 30.8m2. The plans indicate that dining area will be 3.62 metres deep by 8.2 metres wide and setback 600mm from the kerbline. The distance from the property alignment to the face of kerb at this location is approximately 7.4 metres, thus the residual unimpeded footway width would be 3.16 metres if the footpath seating is installed.

 

A minimum 3.00 metre wide unimpeded pedestrian footway shall be maintained along Arden Street at all times. The subject proposal does satisfy this requirement.

 

Conditions of consent have been provided for inclusion with any consent granted.

 

7.    External referral

 

The application has been referred to the Roads and Traffic Authority (RTA) for comment as Arden Street where the area of outdoor dining is situated is a classified road.  By letter of the 21st December 2007, the RTA has advised that Arden Street is a regional road and the concurrence of the RTA for this type of development is not required.

 

8.    Environmental Assessment

 

8.1  Randwick Local Environmental Plan 1998

The site is zoned 3A General Business under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

8.2  Footpath Dining & Trading Development Control Plan

 

Location and Layout of Footpath Trading Activities

 

Performance Criteria & Controls

Compliance

Clear zone minimum width 2.0m

Complies, clear setback of 3.16m

Kerb setback 0.6m

Complies.

Clear zone minimum width 2.5m for locations adjacent to classified roads, busy footpaths and footpaths, in excess of 4m in width

Complies, clear setback of 3.16m.

Provide a minimum break of 1.0m from public utilities including fire hydrants, rubbish bins, seats, telephones, bicycle stands, bus shelters, taxi ranks and parking meters.

Complies.

Provide a minimum break of 0.5m from all other street furniture including bollards, tree pits, street lights and traffic and electricity poles.

There is an existing street light which is in the middle of the seating area. A condition is included in the recommendation requiring an amendment to the design of the stricture to accommodate the pole.

Only that part of the footpath or public place directly in front of a restaurant/cafe may be used for footpath trading. The area may not extend to the area in front of neighbouring properties.

The intent of this control in the DCP is to ensure that outdoor dining approvals do not adversely impact upon adjoining premises, particularly with respect to access to adjoining premises. The proposed footpath dining area is located behind the kerb and will not hinder access to the Beach Plaza Pharmacy as the access to that business is within the Coogee Bay frontage.

 

Operating Hours

Performance Criteria and Controls

Compliance

Outdoor dining areas in Business zones:

(i) General Business zones: up to 10:00pm. Mondays to Saturdays and to 10:00 p.m. Sundays

Complies, existing hours of trading for outdoor seating area is until 10.00pm.

 

Amenity

Performance Criteria and Controls

Compliance

Demonstrate that the proposal will not have unreasonable impacts on the amenity of adjacent residences.

Conditions are included in the recommendation stipulating the hours of trading and that no emissions or nuisance be caused to adjoining or nearby premises and that the area is maintained in a clean condition.

 

Furniture and Fittings

Performance Criteria and Controls

Compliance

Dimensions fit into the footpath trading area.

A condition is included in the recommendation requiring the applicant to provide details of the furniture and layout of the seating prior to issuing of a Construction Certificate.

Are safe, sturdy, (but not bulky), waterproof and weather resistant, can be easily removed at the close of business each day, will not damage the footpath or other public infrastructure or pose a trip/fall hazard or inconvenience to the public.

Conditioned.

Are weighted down or otherwise secured so as to prevent accidental dislodgement (e.g. umbrellas, A-frames).

Conditioned.

Define a footpath trading activity by landscape planter boxes and flowerpots, bollards or screens (all to a maximum 1.2m height and maximum 1.8m length) provided they are located within the boundaries of footpath trading area and are removable at the close of business or otherwise designed as an integral part of a public open space area. Fittings are supplied and maintained at the expense of the applicant.

A condition of consent is included to require that the awning structure does not encroach outside the licensed area and is demountable and removable.

Do not define the footpath trading area by full height solid or plastic screens or any other type of enclosure.

There are no major objections to the plastic screens as they will replace existing screens and provide protection from the elements for patrons within an exposed coastal setting.

 

Lighting and Heating

Performance Criteria and Controls

Compliance

Provide lighting and/or heating adequate for safety and amenity for all patrons.

Under awning lights and heating proposed.

 

Advertising and Signage

Performance Criteria and Controls

Compliance

Comply with Randwick Outdoor Advertising DCP.

A condition of consent has been imposed limiting the proposal to one requiring sign to the awnings details of wording and colour to be provided to Council prior to the issuing of a Construction Certificate.

 

Signage should not be provided within footpath trading areas except on umbrellas, shade structures, and screens and only where it is incidental. Incidental signage includes business identification, and/or a product brand which is a core part of the business and, which is supplied by the premises to their patrons within the footpath trading area.

A condition of consent is included to require that the proposed signage to the canopy is to be incidental only to identify the business.

 

 Toilets and Sanitary Facilities

Performance Criteria and Controls

Compliance

Provide adequate toilet and sanitary facilities to cater for patrons.

There is a toilet within the café which can be accessed upon request, and in addition there are public toilet facilities directly opposite in Goldstein Reserve.

Development Control Plan – Parking

The proposal has been assessed in accordance with Council’s DCP for parking. As there is to be no increase in the internal floor area of the restaurant, additional parking will not be required.

 

9.    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.

 

 

 

8    Conclusion

 

The proposed erection of a removable/demountable canopy structure to the existing outdoor dining area subject to suitable conditions of consent will not result in any significant impact upon the visual amenity of the beach front or the amenity of nearby and adjoining residents and 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.729/07 for permission to erect a removable/demountable canopy and increase the size of the outdoor dining area at 208 Arden Street Coogee subject to the following conditions:

 

1.         The development must be implemented substantially in accordance with the plans numbered 01a, dated 05/03/2007 and received by Council on 31 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 hours of operation of the footway dining area must be restricted to 6.00am to 10.00pm Monday to Sunday.

 

3.         Advertising signage shall be limited to a single sign to the canopy and must be for business identification only, details of wording, colours and dimensions of lettering are to be submitted to and approved by Director of City Planning prior to the issuing of a Construction Certificate.

 

4.         The structure is to be free standing and not attached to the building or the support columns of the verandah above.

 

5.         Details of the seating arrangements must be submitted to and approved by the Director of City Planning prior to issuing of a Construction Certificate.

 

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.

 

6.         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).

 

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:

 

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

 

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

 

9.         The footpath within and adjacent to the outdoor seating area must be maintained in a clean condition, free from grease, foodstuffs, litter and waste materials at all times.

 

The footpath must be cleaned thoroughly on a regular basis, in a manner that is environmentally satisfactory and waste receptacles (eg. ash trays) must be provided within the area for customers.

 

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

 

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

 

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

 

11.       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.

 

12.       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.

 

13.       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.

 

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

 

15.       No portion of the awning shall encroach outside of the proposed licensed area. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

16.       The proposed awning structure shall be designed to allow the existing street light (located within the licensed area) to be retained. Should the street light be damaged during the works, the applicant shall meet all costs associated with repairing/replacing the street light as required.

 

17.       The awning structure shall be designed as a demountable/removable structure to ensure that the footpath and any services within the footpath are accessible by Council and the service authorities when required.

 

18.       The proposed roller blinds shall be removed or rolled up outside the hours of the license agreement to ensure that the section of the footpath is left open and available for use by the public.

 

19.       Prior to erection of any structures in the road reserve, detailed design plans for the proposed awning structure shall be submitted to Council’s Director of City Services for approval in accordance with Section 138 of the Roads Act 1993. The detailed design plans shall be prepared by a suitably qualified structural engineer.

 

20.       The new awning structure shall be set back at least 0.60 metres from the face of kerb in Arden Street.

 

21.       The supporting elements/footings for the awning structure over council’s footpath shall be located clear of any services to ensure that excavation works required to access services will not effect the supporting elements.

 

22.       All works on the proposed awning structure along the Arden street site frontage 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 construction of the awning.

 

The contractor must keep a policy of public risk insurance with respect to the works on Council property. The limit of public risk shall be not less than $10,000,000 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 as a result of the awning construction.

 

b.       The policy must name the Council as the owner and the contractors undertaking the work 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 submitted to Council prior to the commencement of work on Council property.

 

23.       Prior to using the outdoor dining area after the new awning has been erected, the applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath within or adjacent to the proposed licensed area. This includes replacing any broken or uneven areas of paving.

 

24.       A minimum 3.00 metre wide unimpeded pedestrian footway shall be maintained along Arden Street at all times.

 

25.       Prior to operation of the extended footpath restaurant the applicant/proposed Licensee shall enter into a formal license agreement with Council covering the terms and conditions of the footpath restaurant. The applicant is advised to contact Council’s Property Compliance Officer, (9399-0936), regarding Council’s requirements for the formal license agreement.

 

26.       The Licensee must keep in full force and effect for the term of the license agreement established a policy of public risk insurance with respect to the licensed area (including the awning structure) and the business undertaken by the Licensee therein. The limit of public risk shall be not less than $10,000,000 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 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 cancel or change the insurance without first given 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

 

27.       The Licensee shall indemnify Council for the full duration of the license agreement from and against all claims, demands, writs, etc. as set out in the formal license agreement.

 

28.       The style and colour of the furniture to be used in the footpath restaurant area shall be in accordance with the Development Control Plan “Footpath Dining & Trading”. No other structures shall be installed without the prior written consent of Council. Design details of the proposed furniture shall be submitted to and approved by the Director of City Planning, prior to the execution of a formal license agreement between Council and the applicant.

 

All street furniture is to be removed from the licensed area outside approved trading hours.

 

29.       The applicant shall ensure that the footpath restaurant area is maintained in a clean and tidy condition at all times. It is noted that this includes high pressure water blasting to clean the footpath restaurant area at least once every 6 months or as directed by Council’s officers.

 

30.       The footpath restaurant area Licensee shall ensure that the pavement of the footpath restaurant area is maintained free of grease and other foodstuffs at all times.

 

31.       The footpath restaurant area Licensee shall, during the term of the agreement with Council, abide with any current or future Council Policy, Resolution or directive relative to the consumption of alcohol in public spaces.

 

32.       The licensee of the outdoor dining area shall meet the full cost for the awning structure (and associated supporting elements/footings) located over Council’s footpath to be removed (and the area reinstated to the satisfaction of Council), if either:-

 

(1)  The duration of the licence agreement expires and a new licence is not entered into; or

(2)  The licensee fails to comply with the terms of the licence agreement and/or Council determines that the awning structure is posing as a safety hazard or obstructing pedestrian traffic; or

(3)  The new design guidelines for the Coogee Beach Precinct determine that the awning structure is not appropriate

 

33.       The licensee of the outdoor dining area shall clean, maintain, renew and repair the awning structure located over the public footway along the Arden Street site frontage, with all works being undertaken to the satisfaction of Council.

 

34.       The licensee of the outdoor dining area shall hold full public liability in relation to any claims sustained as a result of the awning structure.

 

35.       No structures shall be erected, nor goods stored, nor any work carried out in, on or over the public footway other than those approved by Council.

 

36.       The licensee of the outdoor dining area shall abide with any directive given by any utility authority in relation to access requirements to any utility within the licensed area.

 

37.       This development consent is valid for a maximum period of seven (7) years from the date of determination. A new development application is to be lodged prior to the expiration of the development consent should the Licensee/owner wish to continue using Council’s footpath for outdoor dining.

 

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.       Written confirmation from the service authorities confirming that they do not object to the location of the awning structure (and associated supporting elements/footings) shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

40.       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 authorities.

 

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

 

41.       Stormwater runoff from the site shall be discharged:

 

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

 

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

 

42.       The Araucaria heterophylla (Norfolk Island Pine) located within Council’s Arden Street footpath, against the northern end of the lease area, shall be retained during the course of the works, with all plans submitted for the construction certificate required to show that the proposed canopy will be curved or stepped around the trunk of the tree, making a suitable allowance for natural movement of the tree during strong winds, as well as expansion in girth of the trunk over time, with exact measurements and distances to be shown.

 

43.       Prior to the issue of a construction certificate, the applicant will be required to contact Council’s Landscape Development Officer on 9399-0613 (giving at least two working days notice), to arrange a joint site inspection for the purpose of determining the exact extent of pruning required to accommodate the proposed canopy and associated structures.

 

44.       The applicant will be required to cover the full cost for Council or Council’s authorized agents to perform such work, which the amount specified to be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

NOTE: The applicant is not authorized to perform any works to this tree without the express written or verbal permission of Council’s Officer.

 

45.       A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $2,500.00 shall be lodged with Council prior to issue of a construction certificate to ensure preservation of the tree in accordance with the requirements described in these conditions.

 

 

QUANTITY

 

SPECIES

 

AMOUNT

 

1

 

Araucaria heterophylla (Norfolk Island Pine)

 

$2,500.00

 

 

 

TOTAL

 

$2,500.00

 

The refundable deposit will be eligible for release following issue of a final occupation certificate, pending a satisfactory inspection by Council’s Landscape Development Officer, who can be contacted on 9399-0613.

 

Any contravention of Council's conditions relating to this street tree throughout the course of the works may result in Council claiming all or part of the lodged security.

 

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

 

46.       Access for people with disabilities must be provided to and within the enclosures to the satisfaction of the Certifying Authority.  Details of the proposed access for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

ADVISORY MATTERS:

 

A1      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

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

 

a)     Part B1                  -     Structural provisions

 

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.

 

A2      The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

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

 

 


Planning Committee

12 February 2008

Text Box: Item D3/08

 

 

Development Application Report No. D3/08

 

 

Subject:                  1-17 Lister Avenue, Little Bay

Folder No:                   DA/801/2007

Author:                   Coordinator Major Assessment - David Ongkili     

 

Proposal:                     Construction of 13 two-storey townhouses over a single level basement carpark and associated civil and landscape works.

 

Ward:                      South Ward

 

Applicant:                Stockland Development Pty Ltd

 

Owner:                         Stockland Development Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The development application is seeking development consent for the erection of 13 x 2 storey town houses in two buildings over a single level basement carpark containing 29 carspaces accessed from Lister Avenue. The application is referred to the Health Building and Planning Committee as it is valued at $9,000,000.00

 

The proposal does not comply with the maximum FSR and wall height control of the Randwick LEP 1998. The proposal has an FSR of 0.79:1 which exceeds the maximum FSR control of 0.75:1. The proposal also breaches the maximum wall height control of 7m by 600mm. Objections under State Environmental Planning Policy No.1 (SEPP No.1) have been submitted in relation to the breach of these controls. The non-compliances have been assessed and found acceptable as the breach in the FSR and height controls are minor and localised; the proposed buildings affected by the breach will not be visually intrusive or bulky; and will not give rise to any detrimental impacts to surrounding uses in terms of solar access, ventilation, privacy and views.

 

The proposal does not comply with the maximum FSR and wall height controls of the Prince Henry Development Control Plan (which are the same as the Randwick LEP controls). As indicated above, these non-compliances have been adequately addressed in the SEPP No. 1 Objections lodged with the application.

 

The proposal is an “integrated development” as the subject site is located within the Prince Henry conservation area which has been gazetted in the State Heritage Register. Accordingly, the application was referred to the Heritage Council of NSW for approval, and notified and advertised for a period of 30 days in accordance with the EP&A Act 1979 (as amended). The Heritage Council has issued its General Terms of Approval for the proposed development which have been incorporated as conditions of consent.  No submissions were received in response to the advertising/notification process. 

 

The site that is the subject of the proposed development, forms part of a development precinct identified in the Master Plan for the Prince Henry site which was adopted in December 2001. Under the amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005, the Master Plan is now made a Deemed Development Control Plan (Deemed DCP). The proposal is consistent with the requirements of the Deemed DCP.

 

The proposed development is deemed to be sensitive to the heritage buildings that form part of the Institute of Tropical Medicine complex in the adjoining Lot 29 to the south of the subject site and will integrate with the designs for the other residential development proposed for Lots 29 and 30. It is considered that the proposed development presents a cohesive and coherent urban form that relates appropriately with the desired future character of the Prince Henry site and is consistent with the desired future character of the site as outlined in the master plan and Prince Henry DCP.

 

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

 

1.       The Proposal

 

The proposed development essentially will be housed in two buildings with the main building fronting Lister Avenue and a smaller building fronting Pavilion Drive configured as follows:

 

Lister Avenue Building

9 x three bedroom

1 x two bedroom

Basement carpark

 

Pavilion Drive Building

3 x three bedroom

The basement carpark will be accessed via a driveway linked to Lister Avenue.

 

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

 

The Pavilion Drive Building will be built over a basement carpark that will be allocated to the proposed adaptive re-use residential development on the adjoining Lot 29.

 

The proposal will also involve associated landscape works and utility service installation.

 

2.       The Subject Site and Surrounding Area

 

The former Prince Henry hospital site is listed on the NSW State Heritage Register and is described by the Heritage Office as containing “a variety of buildings in an open landscape setting, as well as archaeological features and artefacts that provide evidence of its continuous use as a hospital for over 120 years.” The subject site which has a street address of 1-17 Lister Avenue, is also known as Lot 28 and is located in the eastern section of the Prince Henry Site, at the south-eastern corner of Lister Avenue and Pavilion Drive. The site has a primary frontage to Lister Avenue to the east and a secondary frontage to Pavilion Drive to the west. The site is currently vacant, is broadly triangular in shape and has a significant fall (approximately 3m in height over a 3m distance) from Pavilion Drive in the west to Lister Avenue in the east. Site has a total area of approximately 2948 sqm.

 

Adjoining the subject site to the south is Lot 29 which contains the former Institute of Tropical Medicine complex which is the subject of a separate development application seeking development consent for refurbishment and adaptive re-use for residential purposes. Further to the south and adjoining Lot 29, is Lot 30 which is currently a vacant lot that has been granted development consent for erection of part 3/part 4 storey multi-unit housing building comprising of fifteen (15) apartments, basement and at-grade car park. These three lots, Lots 28, 29 and 30 form a roughly triangular site that is bounded by Lister Avenue to the east, Pine Avenue to the south and Pavilion Drive to the west. The site forms an important visual element to the Prince Henry site and serves as a transition site from the larger, dominant forms of the Flowers Wards and the Matron Dickson Nurses Home buildings, to the relatively smaller lots to the east designated for detached dwelling development.

 

To the east and north-east of the subject site, on the opposite side of Lister Avenue are sub-divided Torrens-title allotments within the Prince Henry Site for future development of dwelling houses. To the west on the opposite side of Pavilion Drive is the heritage significant Matron Dickson Nurses Home which has development consent for adaptive residential re-use.

 

The surrounding area is mainly recently subdivided and includes a number of residential and mixed use developments under construction. In a regional context, the Price Henry site is located in the south eastern section of the Local Government Area and sits adjacent to the established suburbs of Chifley and Malabar, located to the west and north-west respectively. The subject site is located within the Historic Precinct as defined by the Prince Henry Development Control Plan. Figure 1 is an aerial view of the subject site and surrounding area.

Figure 1: The subject site (edged in black) and surrounding area.

 

3.       Site History

 

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

 

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

 

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

 

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

 

A pre-lodgement application (PL/29/2007) was lodged on 25 June 2007 by the applicant for the proposed development and a prelodgement meeting was held with the applicant on 18 July 2007. The pre-lodgement application was reviewed at the SEPP 65 Design Review Panel meeting of 2 July 2007 and the panel members emphasised the importance for the design of this site to be integrated with the developments on Lots 29 and 30 to the south.

 

4.       Community consultation

 

4.1    Advertising/Notification

 

The proposal was notified as “integrated development” for a period of 30 days in accordance with the EP&A Act 1979 (as amended). A notice was placed in the local newspaper and on-site, and letters were sent to adjoining and adjacent landowners advising of the proposal and inviting comment and submissions. No submissions were received in response to the advertising and notification.

 

5.       Technical Officers Comments

 

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

 

5.1    Heritage Comments

 

Council’s Heritage Planner advises as follows:

 

“Background

 

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

 

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

 

The Subject Site

The site is in the eastern part of the development area.  The site has a northern and eastern boundary to Lister Avenue, a western boundary to Pavilion Drive, and a southern boundary to the former Institute of Tropical Medicine Complex.  The subject site is located within Precinct P1 as identified in the Prince Henry Site Development Control Plan. 

 

Heritage element

Applies

Built elements in the vicinity

Institute of Tropical Medicine complex

Matron Dixon Nurses Home

Significant road alignment

Significant retaining wall

Landscape elements in the vicinity

Phoenix reclinata

Groupings of phoenix palms

Aboriginal archaeological zone

High Sensitivity

Aboriginal identified site

No

Historical archaeological zone

Sanotorium, Female Lazaret site

Historical identified site

No

Little Bay Geological site

Within the Palaeovalley area

Remnant native vegetation in the vicinity

No

 

The Proposal

The proposal is for a residential development in the form of two blocks of two storey townhouses.  The larger block of 10 townhouses defines the edge of Lister Avenue, while the smaller block of 3 townhouses faces Pavilion Drive.  The two blocks are separated by an open space area.  Both the Lister Avenue and the Pavilion Drive townhouses are accessed from the street.  A basement carpark is accessed via a ramped driveway from Lister Avenue.

 

Submission

The proposal has been accompanied by a Heritage Impact Statement prepared by Tanner Architects which refers to the policies for new development contained in the DCP for the site.  The submission notes that the proposal will provide a positive contribution to the Prince Henry site and will have no potential impact of the identified heritage values of the site, including the Matron Dixon Nurses Home and the Institute of Tropical Medicine complex.  The HIS notes that the carparking for Lot 29 (the Institute of Tropical Medicine complex) has been incorporated within the basement of Lot 28, the subject site, in order to minimise risk to the historic buildings. 

 

Approvals

As the site is listed on the State Heritage Register, the proposal generally needs to be the subject of an Integrated Development Application.  As the NSW Heritage Office is the consent authority for the application, Council cannot issue development approval until the Heritage Office has provided conditions of consent. 

 

Site specific exemptions for the Prince Henry for new single residences and multi-unit residential buildings which comply with the Prince Henry site were gazetted in June 2005.  Under the Prince Henry Site Specific Exemptions, development which complies with identified sections of the Prince Henry DCP and the relevant heritage management plan does not need to be referred to the NSW Heritage Council for approval.  Exemptions apply to development outside the Historic Precinct, where the proposal complies with the Height and Setback requirements of the DCP, and where non-compliance with a number of identified sections of the DCP will not result in heritage impacts. 

 

DCP standard

Complies

Subject to

Site Specific Exemptions

Height

No

No

Setback

Yes

 

It appears, due to non-compliance with the DCP height control, that the proposal will require Heritage Office consent. 

 

Comments

The proposal appears to be generally consistent with the siting and envelope requirements of the Prince Henry Site Development Control Plan, although non-compliances have been identified relating to maximum building height and maximum wall height and floor space ratio.  Despite the non-compliance of the buildings with the height controls, it is noted that buildings retain a two storey scale.  The footprint of the northern section of the larger townhouse block assists in defining the edge of Lister Avenue and the corner of Lister Avenue and Pavilion Drive, while the southern section of the larger townhouse block reinforces the eastern setback of the Institute of Tropical Medicine.  The footprint of the smaller townhouse block reinforces the western setback of the Institute of Tropical Medicine.  The footprint of the buildings retains views and vistas south west along Lister Avenue towards the coast.  The materials and finishes board submitted indicate consistency between each of the blocks of townhouses and indicate that wall surfaces are neutral in colour, providing a recessive setting for the Institute of Tropical Medicine complex.  It is considered that the proposal will not adversely impact on the heritage values of the Institute of Tropical Medicine complex or the Matron Dixon Nurses Home. 

 

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

 

The extent of the Paleaovalley area is clearly defined in this area of the site by the lines of Lister Avenue and Pavilion Drive.  As the site is within the possible extent of the Palaeovalley Area, any excavation below RL 26, will require endorsement by Council and the Heritage Office.

 

Recommendations

 

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

 

5.2    Development Engineering Comments

 

Council’s Development Engineer advises as follows:

 

“An application has been received for the construction of a residential flat building at the above site containing 13 townhouses, (Note: the SEE states that a separate application for strata subdivision will be lodged in the future).

 

The 13 townhouses are all two storey and made up of 12 X 3 bedroom and 1 x 2 bedroom.

 

Landscape Comments

Standard Prince Henry development site landscape conditions have been included within this report.

 

Drainage Comments

Standard Prince Henry development site drainage conditions have been included within this report.

 

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

 

Traffic Comments

The proposed parking provision is supportable.

 

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

 

The driveway opening at the Lister Avenue frontage must be a minimum of 7.0 metres wide, (Note: approximately 3.2 metres of the entry/exit driveway will be located in front of Lot 29 DP 270427 and therefore approximately 3.8 metres will be located in front of Lot 28 DP 270427).  Appropriate conditions requiring the creation of a right of carriageway over Lot 29 in favour of Lot 28 have been included within this report. The Assessment Planner is requested to deal with issues associated with the gaining of owner’s consent for lodgement of the application in its current form.”

 

5.3    Building Services Comments

 

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

 

5.4    Environmental Health Comments

 

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

 

5.5    Heritage Council of NSW Comments

 

The Heritage Council advised of its approval of the integrated development application in a letter issued to Council on 26 November 2007 with its accompanying general terms of approval. The general terms of approval will be included as conditions of consent.

 

6.       Master Planning Requirements

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan for the redevelopment of sites having an area in excess of 4,000m2 and which must be adopted and in force prior to the grant of development consent. A Master Plan/Deemed DCP for the Prince Henry Site was adopted on 27 May 2003, with subsequent amendments adopted on 18 October 2005 and 30 May 2006.

 

7.       Relevant Environmental Planning Instruments

 

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

 

7.1    Randwick Local Environmental Plan 1998

 

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

 

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

 

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

Clause 40     Excavation and filling of land

Clause 40A   Master plans

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

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0.79:1

No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 7m

 

Maximum 7.6m

No (SEPP No1 Objection submitted)

Maximum Building Height

Maximum 8m

 

Maximum 8m

Yes

Minimum Landscaped Area (% site area)

Minimum 40%

44%

Yes

 

7.2    Relevant State Environmental Planning Policies

 

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

 

-   State Environmental Planning Policy No. 55 - Remediation of Land

-   Draft State Environmental Planning Policy (Application of Development Standards) 2004 (‘Draft SEPP 2004’)

 

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

 

8.    Policy Controls

8.1    Prince Henry Development Control Plan

 

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

 

Control

Requirement

Proposal

Complies

Maximum number of storeys

2 storeys

 

2 storeys

Yes

Maximum FSR

 

Maximum 0.75:1

0.79:1

 No (SEPP No1 Objection submitted)

Maximum Wall Height

Maximum 7m

 

Maximum 7.6m

No (SEPP No1 Objection submitted)

Maximum Building Height

 

Maximum 8m

 

Maximum 8m

Yes

Minimum Landscaped Area (% site area)

 

Minimum 40%

46%

Yes

Minimum Soft Landscaped Area (% site area)

 

Minimum 20%

31%

Yes

Setbacks

Setback from Gubbuteh Road boundary – 3m

 

 

Setback from rear southern boundary – 3m

 

Side setbacks – nil

 

Setback from Lister Avenue and Pavilion Drive boundaries–  3m

 

Setback from Rear boundary – 3m

 

 

Side setback -na

 

Yes

 

 

 

 

Yes

 

 

 

NA

Landscape

 

 

 

 

Required open space fronting Lister Avenue defined by building line aligned to neighbouring heritage building in Lot 29.  

 

 

 

Open space fronting Lister Avenue defined by building line aligned to neighbouring heritage building in Lot 29. 

 

 

Yes

 

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

 

8.2    Development Control Plan - Carparking

 

The DCP – Parking requires, amongst other things, carparking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. Carparking provision is assessed in Section below.

 

8.3    Section 94A Development Contributions Plan 2007

 

Section 94 Contributions are not payable for developments that meet the LEP’s built form numerical controls (i.e. FSR). Clause 4.2 of the Deed of Agreement for the Prince Henry site at Little Bay entitles Council “to review the Section 94 contribution situation for any subsequent development application in respect of a development lot or lots which exceeds the LEP’s Built Form Numerical Controls for the development of that lot or lots prescribed in the Master Plan, LEP and/or the DCP.”

 

The proposal exceeds the maximum FSR control of 0.75:1 by 0.04:1 which equates to an additional floor area of 117 sqm. In view of the variation with the relevant built form numerical control and the additional floor area proposed, a contribution is chargeable under Section 94A and a condition will be applied accordingly should approval be granted as discussed in Section 10.3.4 below.

 

9.       Environmental Assessment

 

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

 

9.1    Statutory Controls – S79C(1)(a)

 

9.1.1          Section 91 EP&A Act (Integrated Development)

 

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

 

9.1.2          Randwick Local Environmental Plan 1998

 

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

Space Ratio)

 

A floor space ratio of 0.75:1 is applicable to the subject site pursuant to Clause 30A (2) of Randwick Local Environmental Plan 1998. The proposal development has a FSR of 0.79:1.

 

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

 

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

 

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

 

2.      The underlying object or purpose of the standard

 

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

 

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

 

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

 

The proposed development will be consistent with planning objectives for the locality in that it will promote the redevelopment of the Prince Henry Site primarily for residential housing, and in the case of Lot 28, for medium density town house development, as required in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP.

 

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

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

 

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

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

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

2.     It will promote the redevelopment of the Prince Henry Site, specifically in this case, for town-houses in Lot 28 to form an appropriate medium density built form and massing which will integrate well with the adjoining heritage significant redevelopments of the Matron Dickson and Tropical Medicine Buildings to the west and north, as well as the the designated low density dwelling house developments lots to the east.

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

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

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

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

 

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

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable in the subject site in that the degree of non-compliance is deemed relatively minor and the potential for the non-compliance to result in an undesirable built form is unlikely as the proposal exhibits a thoughtful design that implements an appropriate degree of articulation and facade treatment that ameliorates the built form’s presentation to the southern adjoining property and lessens the visual impact of the proposal on the streetscape.

 

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

·      the numerical non-compliance is not considered to translate to a perceptibly bulky, excessively scale structure or a building that does not relate appropriately with the context of the surrounding development natural environment. Furthermore the proposal exceeds the minimum landscape area requirements for the site.

·      The proposal will not have a bulk and scale that would be visually intrusive in the existing coastal and heritage setting especially considering that the proposed buildings will occupy a smaller footprint than that allowed for in the DCP (thus providing for open space at ground level both privately for individual dwellings and in common as a central courtyard/corridor)

·      The proposal will have an architectural urban design comprising primarily a builtform that crucially will strengthen the streetscape and edge along the relevant sections of Lister Avenue and Pavilion Drive as envisioned in the Prince Henry Master Plan/Deemed DCP and Prince Henry DCP.

·      The proposal will be designed to reduce its apparent scale and respond to the contextual character, including a well modulated framed bay design containing recessed balconies on the first floor and a ground floor base characterised by appropriate indentations and selected cladding.

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

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

 

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

 

5.      Whether the objection is well founded.

 

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

     Articulated the underlying stated objectives of the standard clearly.

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

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

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

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

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

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

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

 

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

 

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

wall height)

 

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

 

Control

Requirement

Proposal

Complies

Maximum Wall Height

Max 7m

Max 7.6m (localised at the south-eastern  corner of the Pavilion Drive Building and the south-western corner of the Lister Avenue Building.

No

 

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

 

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

 

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

 

2.      The underlying object or purpose of the standard

 

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

 

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

 

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

 

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

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

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

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

  New building faces generally to be parallel to street alignments.

2.     It will promote the redevelopment of the Prince Henry Site in Lot 28 for a town house development consistent with the designated medium density built form and massing in the subject lot, which will integrate well with the adjoining heritage significant redevelopments of the Matron Dickson and Tropical Medicine Buildings to the west and north, as well as the designated low density dwelling house developments lots to the east.

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

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

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

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

 

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

 

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

·      the extent of the non-compliances is relatively minor and only occurs in localised sections of the two buildings over parts of the subject site where the gradient does not allow complete compliance.

·      the minor and localised nature of the non-compliance is such that any requirement for compliance will not result in a builtform that would be contrary to the above-listed planning objectives for the locality in the preceding section above.

·      any requirement to delete the areas in breach of the height control will be of no significant benefit in terms of reducing visual bulk and scale of the buildings and the amenity of adjoining and surrounding properties.

·      the potential for the non-compliance to result in an undesirable built form is unlikely as the proposal exhibits a thoughtful design that implements an appropriate degree of articulation and facade treatment that ameliorates the built form’s presentation to the northern (and sole) adjoining property and lessens the visual impact of the proposal on the streetscape.

·      the design of the building incorporates a sufficient degree of articulation and thoughtful use of materials that will provide a positive contribution to the developing streetscape and will not adversely impact the heritage buildings located to the south of the subject site.

 

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

 

5.      Whether the objection is well founded.

 

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

 

     Articulated the underlying stated objectives of the standard clearly.

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

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

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

 

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

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

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

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

 

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

 

Clause 40           Excavation and filling of land

 

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct the basement carpark of the proposed development and foundations for the buildings. This work will not result in any significant impact on the topography of the site, is unlikely to interrupt the drainage patterns of the site or result in soil instability and will not adversely impact upon the scenic quality of the site and locality. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Clause 40A        Master plans

 

A Master Plan for the Prince Henry site, inclusive of the subject site, was adopted by Council on 27 May 2003. The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. The proposal is generally consistent with the Master Plan/Deemed DCP.

 

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

 

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

 

9.2             Relevant State Environmental Planning Policies

 

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

 

SEPP 55 – Remediation of Contaminated Land

 

This SEPP provides a state wide practice for the remediation of contaminated land. In relation to Lot 24, the subject site, a site audit statement (SAS) has been issued on 26 May 2006 indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site which was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

SEPP 2004 – Application of Development Standards

 

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

 

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

 

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

 

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

 

9.3.1          Development Control Plan – Prince Henry Site

 

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

 

The site the subject of this development application is located within Precinct P1 of the DCP and complies with all the applicable precinct-specific controls with the exception of FSR and maximum wall height (which have been addressed in Section 10.1.2 above under the SEPP 1 Objections). In addition, the proposal generally complies with the range of performance criteria for five key elements of the DCP namely site context, sub-division and amalgamation, building and site design, sustainable design, and facilities and access.

 

9.3.2          Development Control Plan - Parking

 

The Prince Henry DCP states that car parking is to be provided in accordance with the DCP - Car Parking. Applying the carparking rate for multi-unit development, the proposal will require 19.2 residential and 3.25 visitor carspaces. The proposal in providing for 25 residential and 4 visitor carparking spaces will comply with the DCP. 

 

9.3.4   Section 94A Development Contributions Plan 2007

 

9.3    Section 94A Development Contributions Plan 2007

 

Section 94 Contributions are not payable for developments that meet the LEP’s built form numerical controls (i.e. FSR). Clause 4.2 of the Deed of Agreement for the Prince Henry site at Little Bay entitles Council “to review the Section 94 contribution situation for any subsequent development application in respect of a development lot or lots which exceeds the LEP’s Built Form Numerical Controls for the development of that lot or lots prescribed in the Master Plan, LEP and/or the DCP.”

 

The proposal exceeds the maximum FSR control of 0.75:1 by 0.04:1 which equates to an additional floor area of 117 sqm. Based on the estimated cost of development provided for the proposed development, the additional floor area will incur an estimated cost of $452,205.00.

 

In view of the variation with the relevant built form numerical control and the additional floor area proposed, a contribution is chargeable under Section 94A in accordance with Council’s Section 94 contributions plan made effective on 2 July 2007, and a condition will be applied accordingly should approval be granted.

 


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

 

9.4.1          Natural Environmental Impacts

 

The subject site does not contain any threatened flora or fauna and is currently vacant and devoid of any remnant vegetation. Pockets of Eastern Suburbs Banksia Scrub exist in the Matron Dickson site to the west. The proposal is not considered to have any adverse impact on this bushland as the only closest building within the proposed development will be approximately 15m away from the bushland being separated by Lister Avenue. Furthermore, adequate controls for the management and protection of the ESBS have provided in the development consent granted for the redevelopment and adaptive re-use of the Matron Dickson under DA No. 674/2006. Accordingly, the proposal will be acceptable in terms of natural environmental impacts which will be minimal, if not, nonexistent.

 

9.4.2          Built Environmental Impacts

 

9.4.2.1      Urban Design

 

The proposal will comprise two-storey townhouses with 10 dwellings in one building fronting Lister Avenue and 3 dwellings in a smaller building fronting Pavilion Drive. All dwellings will have a east-west alignment determined and shaped by the north-south orientation of the allotment along these street frontages.

 

The medium density town-house scale of the proposal will result in a bulk and scale that will not be visually intrusive in, but rather complementary to, the streetscape along Lister Avenue and Pavilion Drive. The proposed buildings will be setback even further from the required 3m setback under the DCP – Prince Henry Site which will provide for front garden areas to these streets and assist in softening the presentation of the building to the streets. In particular, the southern section of the Lister Avenue Building has a larger setback so as to respect and reinforce the eastern setback of the Institute of Tropical Medicine. 

 

The architectural design of the proposed terrace houses is considered to be of good quality and will complement the architectural style of the buildings already approved in other lots within the Prince Henry site (such as  Lot  27 and the individual dwelling houses on the eastern side of Lister Avenue). The design will also complement the proposed redevelopment and adaptive re-use of the adjoining heritage buildings comprising the Tropical Medicine complex in the adjoining Lot 29 under DA No. .

 

The proposal will have a well articulated façade with modulated framed bay design containing recessed balconies on the first floor, sitting on top of a ground floor base characterised by appropriate indentations and selected cladding.

 

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

 

The Pavilion Drive Building will be built over a basement carpark that will be allocated to the proposed adaptive re-use residential development on the adjoining Lot 29. This building arrangement (over a basement carpark for the adjoining Lot 29 is considered acceptable subject to a condition requiring details of stratum sub-division for the basement carpark and the town-houses in the Pavilion Drive Building to be provided to Council prior to issue of a Construction certificate for the proposed development.

 

The proposal was referred to the Design Review Panel for review on 15 October 2007 as required under SEPP No. 65. Given the interrelationship between the subject site and Lots 28 and 29 to the north, the development applications were provided as a combined submission to the Panel. The following comments were provided by the panel members and relate to all three development applications (followed by Council’s comments wherever necessary):

 

1.      Relationship to the Context of the Proposal 

 

The proposed development on the three sites is in one of the best locations within the Prince Henry redevelopment and includes a former hospital building complex.  The context has been well described and the proposed buildings relate to it very well and to the historic buildings that are being refurbished as part of the development. The proposal very well interprets and delivers the DCP intent and building envelopes.

 

2.      The Scale of the Proposal

 

The scale of the three parts of the development responds well to nearby buildings and the streets that define the three contiguous sites.  At the south end, the four storey apartments continue the scale and alignment of Pine Avenue. The buildings forming the courtyard behind the former hospital building relate well to it. At the north end, the townhouses on lot 28 at the north end form a clean edge to Lister Avenue and do not impede views from the former nurses home to their west.

 

3.      The Built Form of the Proposal

 

The three building types that comprise the development have been considered as a group and complement each other excellently and there is nicely scaled diversity of building type.

The Panel suggests that the floor levels of the townhouses on site 28 could be slightly raised (say 2 or 3 steps) as this would strengthen the edge to the street, allowing higher planting, and improve the privacy of and views for the occupants.  It is understood that this could be achieved within the overall height limit (as opposed top the wall height) on the site and would not impede views from behind.

The Panel also considered that a straightened alignment for the three townhouses on Pavilion Drive would be preferable to the current stepped alignment. This would create a better internal courtyard space and street presentation, and better contras to the sweep of the curves along Lister Avenue.

The parking is relatively unobtrusively handled, and its footprint largely concentrated under the building footprint, which increases the area available for deep soil planting.

 

Comment: The applicant has advised, that the Panel’s recommendation for the floor levels of the subject townhouses be raised slightly (to strengthen the edge to the street, allow higher planting, and improved privacy of and views for the occupants), whilst commendable, would result in a further breach in the wall height limit. Due to time constraints, the applicant has not been able to assess the impact and merits of the Panel’s recommendation. However, the applicant advises that, if warranted, the Panel’s recommendation can be explored in a subsequent Section 96 application should approval be granted.

 

In relation to the Panel’s recommendation that the alignment of the three townhouses on Pavilion Drive be straightened, the applicant advises that the stepped alignment for these three townhouses is necessary to accommodate an existing heritage fence along the north-western end of the adjoining Tropical Medicine site. The applicant’s advice is considered reasonable and acceptable especially given that the Prince Henry DCP indicates a stepped setback for this part of the subject site along Pavilion Drive.

 

4.      The Proposed Density

 

The proposal is consistent with the DCP, which has set a suitable standard for this site.

5.      Resource and Energy Use and Water Efficiency

All units would enjoy cross ventilation; windows are well screened and openable with security.  Provision has been made for the retention of water.

6.      The Proposed Landscape

The landscape concept proposes a suitably different landscape for the various courtyard and external spaces within and around the buildings. The Panel particularly appreciates the consistent landscaped setback along the entire eastern frontage, which has been well considered by the landscape design.

The Panel suggested that the layout of the main courtyard on site 29 could benefit from some simplification. Otherwise the landscape architecture is thoughtfully considered.

7.      The Amenity of the Proposal for its Users

The units are all well planned and would offer a high level of amenity throughout.

8.      The Safety and Security Characteristics of the Proposal

Most units overlook the public domain and pedestrian ways through the development are clear.

9.      Social issues

The development offers a good mix of dwelling and unit types and sizes.

10.    The Aesthetics of the Proposal

Excellent.  The design combines diversity of building types that relate very well to the historic building at the center of the development, to each other and to the surrounding streets - united by a careful consideration of alignment and architectural treatment.

Summary and Recommendations

The design fully complies with the aims and best practice design advocated in SEPP 65 and associated documents.

The proponents and architects are to be congratulated on their achievement of a very fine design that the Panel fully supports.

 


9.4.2.2      Heritage Impact

 

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

 

The development application submission includes a Heritage Impact Statement prepared by Tanner Architects which refers to relevant conservation policies and to the policies for new development contained in the DCP for the site.  The submission notes that the proposal will provide a positive contribution to the Prince Henry site and will have no potential impact on the identified heritage values of the site, including the Matron Dixon Nurses Home and the Institute of Tropical Medicine complex.  Specifically, the HIS notes that the carparking for Lot 29 (the Institute of Tropical Medicine complex) has been incorporated within the basement of Lot 28, the subject site, in order to minimise risk to the historic buildings. 

 

Council’s Heritage Planner advises that the proposal is generally consistent with the siting and envelope requirements of the Prince Henry Site Development Control Plan, although non-compliances have been identified relating to maximum wall height and floor space ratio.  Despite the non-compliance of the buildings with the height controls, the buildings retain a two storey scale thus ensuring minimal impact on the adjoining heritage item to the south, that is, Institute of Tropical Medicine. 

 

Overall, the proposal is considered reasonable and acceptable in terms of its impact on the heritage significance of the Prince Henry site, and specifically, the nearby significant Institute of Tropical Medicine and Matron Dickson buildings.

 

The Heritage Council of NSW has provided appropriate conditions in its general Terms of Approval issued for the proposed development on 22 May 2007.

 

9.4.2.3      Sunlight, Privacy and Views

 

The subject site is bounded by roads on the eastern and western sides, and the adjoining Institute of Tropical Medicine complex on Lot 29 to the south. Shadow diagrams submitted with the application indicate that at 9am (mid-winter) overshadowing will occur onto Pavilion Drive externally and the central courtyard between the Lister Avenue and Pavilion Drive Buildings. By 12pm, the proposal will primarily overshadow the northern edge of the adjoining Lot 29 being the Institute of Tropical Medicine site. This mid-day overshadowing will only minimally affect the courtyard of the proposed north-facing dwelling units in the adaptive re-use redevelopment of Lot 29 under DA No. 840/2007. By 3pm, the shadow cast by the proposed development will fall on the designated open space provided in the south-eastern corner of the subject site. There are no residential properties to the east of the subject site that will be overshadowed by the proposal.

 

The DCP requires that new dwellings must achieve 3 hours of solar access 9am to 3pm midwinter. The DCP also requires that development maximise north facing roofs for installation of solar collectors. All living rooms of the townhouses are predominantly orientated to the east and north and achieve 3 hours of solar access between 9:00 am and 3:00 pm in the winter solstice. South facing townhouses have been eliminated in the proposal. North facing solar panels have been located on the roof of the development in accordance with the DCP.

 

The elevations have been treated to modulate solar access by the use of sunshading devices, and articulation to the western facade with greater areas of glazing on the northern and eastern elevations. The central courtyard will have a major portion that will be directly north-facing thus achieving good solar access especially throughout midwinter.

 

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

 

     The proposal complies fully with the setback requirements of the Prince Henry DCP.

 

     All apartments will all face relevant street-frontages to Lister Avenue and Pavilion Drive.

 

     The proposal will have generous separation distances of (max) 30m and (min) 12 m between the Lister Avenue Building and Pavilion Drive Building as a consequence of the proposed central open space between the two buildings.

 

In terms of views, the proposal will maintain the view-sharing principles of the Prince Henry DCP in that the proposal has been kept at a maximum of two storeys and below the maximum building height control so as to preserve the views of Little Bay for other developments to the west, in particular, the Matron Dickson redevelopment.

 

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

 

9.4.2.4      Traffic and access

 

The applicant’s traffic report indicates that the proposal is expected to generate approximately 10 to 12 vehicles per hour two-way during the morning and afternoon peak periods which the traffic report advises is a very low expected traffic generation (equivalent to on average only of one vehicle every 5 to 6 minutes during peak hours) which would not have a significant effect on the operation or amenity of the surrounding road network and its intersection. This assessment is considered reasonable and adequate and the proposal will be acceptable in relation to traffic impacts.

 

9.4.2.5      Ecologically Sustainable Development

 

The Prince Henry DCP requires the preparation of a Sustainability Building Report by an appropriately qualified professional to improve the energy efficiency of the proposed building. The applicant has provided a Sustainability Report prepared by a consultant engineer, incorporating a BASIX assessment of the proposal in accordance with BASIX modelling requirements for multi-unit housing. The assessment shows that the proposed development will achieve a 41% energy saving target which would comply with the 30% saving target under BASIX, and a 40% water saving target which would comply with the 40% water saving requirement under BASIX. Accordingly, the proposal is considered acceptable in terms of energy and water conservation.

 

Consistent with the concurrent multi-unit housing development applications for Lots 29 and 30, the applicant has stated in the Statement of Environmental Effects that a range of design initiatives and elements have been employed to ensure the proposed development optimises its sustainability. These measures include the following:

 

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

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

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

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

     Use of photo-voltaic cells on the roofs to generate green power and conserve energy.

     Use of high efficiency lighting such as compact fluorescent with movement sensor control in common areas.

     Adopt all practical water saving measures including monitoring and education;

     Install water efficient fixtures and fittings.

 

These measures are considered appropriate in achieving ESD objectives.

 

In addition, the applicant has also provided a draft Environmental Education Toolkit which contains the information about the environmental features of the housing product and heritage elements and the transport options for the site including bus connections, timetables, cycle paths/routes, distances to shops and facilities, etc. A condition is to be included in the consent requirement a copy of the Environmental Education Toolkit to be provided for all residents. 

 

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

 

9.4.2.6      Site Remediation

 

A site audit statement (SAS) has been issued for the subject lot, Lot 28, on 26 May 2006, indicating that the site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council development consent No. 1188/02 as amended (for the demolition of buildings and the remediation of the Prince Henry site, which was issued on 28 February 2003). Accordingly, the site will be suitable for the intended use.

 

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

 

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

 

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

 

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

 

The subject site is part of the developable land within the Prince Henry Site which is identified in the revised Master Plan adopted by Council on 27 May 2003 (now referred to as a Deemed DCP). In doing so, Council considered the suitability of a range of proposed landuses and their location within the Prince Henry site. The subject site is specifically identified in the Deemed DCP as a location for a multi-unit housing development. The proposal generally is consistent with the terms of the master plan and as demonstrated above the development will not have an adverse impact on any item of environmental, archaeological, heritage or cultural significance.

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997 and as per Council consent 1188/02 as amended. A site audit statement (SAS) has been issued for the subject lot 28.

 

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

 

The proposal being integrated development was notified and advertised for a period of 30 days between 8 October 2007 and 8 November 2007. No submission was received by Council during this notification/advertising period.

 

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

 

The proposed development is consistent with the deemed DCP and the Prince Henry DCP and will provide the local community with a form of high quality housing and takes advantage of its proximity to the full range of urban facilities and services available to the site. As a consequence, the proposal will have a positive social benefit for the local community and is considered to be in the wider public interest as it will facilitate future residential development in accordance with the Randwick LEP 1998, the Prince Henry DCP and adopted Master Plan/Deemed DCP.

 

10.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5 : Excellence in urban design – The proposal has a good architectural quality in that it has competently produced a modern and superior design and visual character that will enhance the streetscape in this part of Prince Henry Site thus contributing to the identified outcome for this thoroughfare.

Outcome 10 : A healthy environment – The proposal will promote the principles of environmental sustainable development (including solar access, cross ventilation and energy efficiency), comply with BASIX and occur on land that will be suitable for its intended use as required under SEPP No. 55 - Remediation of Contaminated Land.

10.2  Directions and Actions.

Direction 4a & associated key action : Improved design and sustainability across all development –The proposal create a good contemporary architectural design for the subject site whilst maintaining the quality of the adjoining bushland and overall coastal setting. The proposal will therefore contribute to the overall pool of well-designed buildings in Randwick City that can be used as references for the development of design guidelines and programmes. 

Direction 10a & associated key action: Council is a leader in fostering sustainable practices  -  The proposed development will be designed in accordance with ESD principles (including solar access, cross ventilation and energy efficiency) and will incorporate a number of sustainability measures to achieve ventilation, thermal comfort, water conservation and energy efficiency.

 

11.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 


12.    Conclusion

 

The proposal is permissible with the consent of Council on the subject site and generally complies with the aims and objectives contained in the RLEP.

 

The proposal does not comply with the maximum FSR and wall height controls of the Randwick LEP 1998. SEPP No.1 objections to these standards have been submitted with the application and considered to be well founded in the circumstances.

 

The proposal complies with all the requirements of the Prince Henry DCP. The proposed development has been assessed by the Heritage Council of NSW and General Terms of Approval have been issued for the subject site which will be included as conditions of consent.

 

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

 

The application is recommended for approval subject to conditions.

 

 

Recommendation

 

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

 

AND

 

B.       THAT Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No D/1107/2006 for construction of 13 x 2 storey town houses over a single level basement carpark; and associated civil and landscape works at 1-17 Lister Avenue, Little Bay, subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered A11-02 Issue J, A11-03 Issue J,  A11-04 Issue J,  A11-05 Issue G,  A12-01 Issue J, A12-02 Issue J, and A13-01 Issue J and stamped received by Council on 25 September 2007, the Sustainability Report with attached BASIX Certificate No. 160469M 21 September 2007 and received by Council on 25 September 2007, the application form, and on any supporting information received with the application, except as may be amended by the following conditions and the details approved pursuant to the deferred commencement conditions and as may be shown in red on the attached plans:

 

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

 

2.       The external colours, materials and finishes of the proposed development and the landscaping shall be in accordance with the details submitted to Council on 25 September 2007.

 

3.       Details of bicycle storage in the basement indicating compliance with the Development Control Plan – Parking shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       Details of all fencing on site including all entrances and associated structures indicating compliance with Part 4.16 Fences of the Development Control Plan for Prince Henry Site shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

6.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

8.       Details of public access to the visitor’s carparking spaces is to be maintained at all times and, an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use. This approval does not include the installation of any roller doors or gates or the like to the carpark, without the prior development consent of Council.

 

9.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

10.     There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

 

11.     The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of approved paving or the like on the ground) without the written consent of Council.

 

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

 

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

 

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

 

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

 

13.     Details of stratum sub-division for the basement carpark allocated for the proposed development on the adjoining Lot 29 (containing the Institute of Tropical Medicine complex) and the proposed town-houses in the building fronting Pavilion Drive, and details of the future strata sub-division for Lot 28, shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

14.     A formal subdivision application is required to be submitted to and approved by the Council prior to the release of the subdivision plans.

 

The following condition is applied to meet additional demands for public facilities;

 

15.     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

$100,001 - $200,000

-

0.5%

-

Development Cost

More than $200,000

$452,205.00

1.0%

$4,522

 

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 ensure the protection of heritage and archaeological significance of the site:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

22.     The development must be implemented substantially in accordance with the General Terms of Approval issued by the Heritage Council of NSW as detailed in the letter from the Council dated 26 November 2007.

 

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

 

23.     A Site Audit Statement (SAS) and Summary Site Audit Report (SSAR) have been issued for this site. An “Unexpected Finds Protocol” forms part of these documents and shall be complied with as part of this consent. Copies of the SAS and Unexpected Finds Protocol shall be included in all leases and sales contracts.

 

24.     The builders, site workers and the Principal Certifying Authority for this development are to be made aware of this unexpected finds protocol and its requirements prior to any works commencing.

 

25.     Details of any unexpected finds, including the details of any investigation procedures, remedial actions and validation undertaken shall be forwarded to the Council accordingly.

 

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

 

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

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

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

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

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

·           The Chemical Control Order for Scheduled Chemical Wastes 2004

 

27.     Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material  ’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

28.     Any new information which comes to light during demolition and construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

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

 

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

 

30.     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).

 

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

 

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:

 

32.     During Construction, the applicant is to engage the services of a suitably qualified environmental consultant (or similar) to respond to enquiries and complaints made by the community, the general public or Council in relation to Noise, Contamination, remediation, excavation and other general construction site management matters.

 

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

 

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

33.     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 (excluding plant and equipment during the construction phase) 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.

 

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

 

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

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

40.     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.

 

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

 

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

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

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

 

42.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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 relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

43.     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.

 

44.     In accordance with clause 98 of the Environmental Planning & 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.

 

45.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

53.     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 occupation of the building, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

54.     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.

 

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

 

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

 

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

·    effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(b)    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.

 

(c)    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 Health, Building & Regulatory Services department.

 

(d)    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.

 

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

 

(f)     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 or any other container or article on the road, nature strip or footpath.

 

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

 

(h)    A Road / Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

(i)     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.

 

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

 

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

 

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

 

61.     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 and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

63.     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 Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

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

 

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

 

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

 

64.     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.

 

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

 

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

 

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 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.

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

66.     Any work involving the demolition, storage and disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

(a)    Randwick City Council’s 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.

 

(b)      A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 50 m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

(c)      On 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.

 

(d)      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.

 

(e)      A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

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

 

67.     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.

 

68.     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.

 

69.     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)

 

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

 

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

 

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

 

71.     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)  $2000.00 -      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:

 

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

 

(a)   Construct a full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site. The vehicle crossing must be suitably designed and located to serve the proposed carpark within Lot 28 DP 270427

 

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

 

73.     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.

 

74.     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.

 

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

 

76.     The driveway opening at the Lister Avenue frontage must be a minimum of 7.0 metres wide, (Note: approximately 3.2 metres of the entry/exit driveway will be located in front of Lot 29 DP 270427 and therefore approximately 3.8 metres will be located in front of Lot 28 DP 270427).

 

77.     The vehicular access and the basement carpark (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with this requirement.

 

78.     Prior to the issuing of an occupation certificate for the proposed development the applicant must create a right of carriageway in favour of the development site over that part of the access driveway for the proposed development that is located within Lot 29 DP 270427. The terms and extent of the right of carriageway must be referred to Council for approval, and be approved prior to creation of the right of carriageway.

 

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

 

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

 

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

 

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

 

81.     Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by the Certifying Authority a detailed operational traffic management plan. The plan shall focus on initiatives/safety measures for minimizing any potential vehicular conflict at the entry/exit area for the basement carpark, (i.e. at the foot of the ramp and the location of the proposed security shutter for Development Application 840/07). The traffic management plan shall examine traffic flows associated with both the subject development application and those associated with Development Application 840/07.

 

All traffic associated with the subject development and the construction certificate plans shall comply with the terms/initiatives of the approved operational traffic management plan.

 

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

 

82.     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 boundaries for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full Lister Avenue and Pavilion Drive site frontages.

 

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

 

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

 

84.     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.

 

85.     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.

 

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

 

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

 

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

 

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

 

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

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision. Delete one.

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

90.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system. Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

91.     Stormwater runoff from the site shall be managed in accordance with the Prince Henry drainage strategy prepared by Connell Wagner. This shall involve stormwater runoff from Lot 28 being discharged through the site’s underground drainage system into the underground drainage system in Lister Avenue, (connect into the existing drainage pit located in Lister Avenue, north of the vehicular crossing).

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·      Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Notes:-

 

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

 

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

 

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

 

101.    The garbage room areas will have to be designed so as to be able to contain a total of 14 x 240 litre bins ( 7 garbage bins &  7 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

103.    The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

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

       

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

110.    The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

1.       The applicant/owner is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act. 

 

In this regard, the    applicant is advised that compliance with the requirements of the Building Code       of Australia and Australian Standard 1428.1 - Design for Access and Mobility does     not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

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

 

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

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 February 2008

 

 

Text Box: Item D4/08Development Application Report No. D4/08

 

 

Subject:                  73 Clovelly Road, Randwick

Folder No:                   DA/642/2005/C

Author:                   Willana Associates – Stuart Harding   

 

Proposal:                     The subject modification application proposes increasing the depth of the rear deck and internal stair case by 1m, increasing the width of the stair case by 450 mm and a corresponding decrease in the width of the adjoining deck by 500 mm

 

Ward:                      North Ward

 

Applicant:                Mark Leong

 

Owner:                         M Leong

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 


1.    Executive Summary

 

This report was prepared by Willana Associates.

 

The modification application is referred to the ordinary meeting of Council as the owner of the subject site is a Randwick City Council staff member.

 

It should be noted that the applicant seeks to legitimise the modifications stipulated in the application as they have already been undertaken. 

 

The application has been assessed against the relevant heads of consideration prescribed under Section 79C of the Environmental Planning and Assessment Act 1979 (as amended), particularly the relevant provisions of Randwick Local Environmental Plan 1998 (RLEP98) and the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies. 

 

Assessment of the application indicates that the proposed modification is minor and the development remains substantially the same as originally approved. Assessment also demonstrates that the proposal complies with the relevant statutory requirements and performance criteria of the RLEP98 and the Randwick Development Control Plan for Dwelling Houses and Attached Dual Occupancies.

 

One (1) submission was received during the exhibition period from Mrs Amanda Calvert, the owner of the adjoining semi-detached dwelling no. 71 Clovelly Road. The submission objects to the proposed modification on the basis that the additional floor area of the deck will protrude beyond an existing privacy screen allowing occupants of the deck to peer in to the private open space of no. 71 Clovelly Road. The submission also states that the extended wall accompanying the deck will impede upon the impression of  space of no. 71 Clovelly Road, or give the impression of being ‘built in’.

 

A masonry wall is required to be built for the length of the deck, including the proposed extended area, to satisfy fire safety standards. The masonry wall results in the viewing angle into no. 71 Clovelly Road from the subject site being substantially limited. This degree of over looking is reasonable in the context of semi-detached housing.

 

The proposed deck extension is only one (1) metre greater than the length of the existing structures on or close to the common boundary. Such structures include a privacy screen at no. 71 Clovelly Road and the existing deck at no. 73 Clovelly Road. Considering the existence of such structures, the proposed one (1) metre extension will not generate an unreasonable additional amount of bulk to create an enclosed atmosphere at 71 Clovelly Road.

 

The submission also refers to several other matters such as the colour and material finishes of the development, hours within which construction is taking place, construction waste and quality of workmanship. The additional matters are unrelated to the proposed modification or can be resolved with reference to the conditions of the original development consent.

 

As the proposed development complies with the applicable statutory and non-statutory requirements, and the issues raised in the submission to Council are minor or unrelated to the proposed modification, it is recommended the application be approved subject to standard conditions.

 

 

 

 

2.    The proposal

 

The original development application proposed renovating and expanding the existing lower ground floor laundry, converting an existing lower ground floor storeroom to a rumpus room, replacing an existing rear deck and stair case to the lower ground floor and attaching a new covered car space to the front elevation of the dwelling.

 

The subject modification application proposes extending the depth of the rear deck and stair case by one (1) metre, increasing the width of the adjoining internal staircase by 450mm with a corresponding reduction in the width of the deck by 500mm. The applicant seeks to legitimise these works as they have already been undertaken. The application indicates that the modifications were necessary in order to accommodate the extra area required for the sandstone block work used to create the external elevation. This had not been taken into consideration when this material had originally been chosen as the external building finish.

 

3.    The subject site and surrounding area

 

The site is located on the eastern side of Clovelly Road between Gilderthorpe Avenue and Frenchmans Road. The site has a frontage of 6.7m to Clovelly Road, a depth of 38.8m and total site area of 263m². The site slopes to the rear with a maximum west to east gradient of approximately 1m. The site is a conventional residential allotment currently occupied by a single storey semi-detached dwelling with a sub-ground portion of floor space.

 

The immediately surrounding land uses are residential of varying built form including detached and semi-detached single and double storeys dwellings, townhouse developments as well as apartment buildings.

 

4.    Site history

 

Application history

Development Consent 642/2005 was issued by Council on 20 October 2005 for alterations and additions to the existing dwelling on the subject site. The consent included renovating and expanding the existing lower ground floor laundry, converting an existing lower ground floor storeroom to a rumpus room, replacing an existing rear deck and stair case to the lower ground floor as well as attaching a covered car space to the front façade of the dwelling.

 

Modification Application 642/2005/A was approved on 24 January 2006 amending an incorrectly phrased drainage condition on the original consent as well as deleting a condition requiring the retention of an existing tree within the front setback.

 

Modification Application 642/2005/B was approved on 2 November 2007. The modifications included replacing bi-fold windows on the previously approved rear deck with four separate louvered windows and deletion of four windows on the southern elevation.

 

5.    Community Consultation

 

The owners of adjoining properties were notified of the proposed modification for a period of 14 days from 5 December 2007 to 19 December 2007.

 

5.1      Objections

 

In response to the exhibition period, one (1) submission was received by Council from the owner of the adjoining (semi-detached) dwelling, no. 71 Clovelly Road.

 

The submission objects to the proposed modification on the basis that:

§  The additional floor area of the deck will protrude beyond an existing privacy screen at no. 71 Clovelly Road and allow occupants of the deck at no. 73 Clovelly Road to peer in to the private open space of no. 71 Clovelly Road.

§  A masonry wall required to be constructed for the length of the deck for fire safety reasons will give an impression of enclosing the private open space of no. 71 Clovelly Road.

 

The submission also refers to several other matters such as the colour and material finishes of the development, hours within which construction is taking place, construction waste and quality of workmanship. The additional matters are unrelated to the proposed modification and not considered in the assessment of the application or can be resolved with reference to the conditions of the original development consent.

 

A masonry wall is required to be built for the length of the deck, including the proposed extended area, to satisfy fire safety standards. The masonry wall also acts as a privacy screen as it reduces the viewing angle into no. 71 Clovelly Road from the subject site. The remaining degree of overlooking reflects that which was approved in the original consent or at least, further reduces the viewing angle into the private open space of no 71 Clovelly Road. The degree of overlooking is not unreasonable in the context of semi detached dwellings.

 

The wall along the common boundary extending the depth of the deck replaces several structures that previously existed on or close to the boundary. Such structures include the existing deck at no. 73 Clovelly Road and a privacy screen on no. 71 Clovelly Road. Therefore, the extended wall area is not substantially greater than existing circumstances. Additionally, the width of no. 71 Clovelly Road is substantial to continue to allow a satisfactory level of sunlight, ventilation and vista despite the proposed deck extension.