Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 27 May 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


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

27 May 2008

 

 

 

 

20 May 2008

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 27 May 2008 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

 

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

 

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

 

Ordinary Council Meeting - 22 April 2008

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

 

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

 

Urgent Business

 

 

 

Director City Planning Reports

 

CP14/08    2-4 Strachan Street, Kingsford (DEFERRED)

CP15/08    11 Burke Street, Chifley

CP16/08    91 Paine Street, Maroubra

CP17/08    Affixing of the Council Seal - Service Agreement between Council and the Department of Community Services…………………………………………………………......

CP18/08    Update on Malabar Headland

CP19/08    Proposed SCCG Project Officer

CP20/08    Randwick City Recreation Needs Study - Report on Public Exhibition  

General Manager's Reports

 

GM11/08    Affixing of the Council Seal

GM12/08    First National Local Government Environment Conference

GM13/08    March 2008 Quarterly Review - Management Plan 2007-11

Director City Services Reports

 

CS16/08    State Government Review of Public Library Funding - Outcome of the Parry Report

CS17/08    Moverly Children's Centre and Randwick Open Care for Kids (ROCK)

CS18/08    Proposed Randwick SES Local Headquarters Refurbishment and Enhancement

Director Governance & Financial Services Reports

 

GF19/08    Code of Meeting Practice – Results of Public Exhibition……………………………….175

GF20/08    Investment Report – April 2008…………………………………………………………………….211

GF21/08    Earthwatch Fellowships………………………………………………………………………………….217

GF22/08    Outdoor Dining Licence Agreement Renewal – The Beach Palace Hotel………219

GF23/08    2007/08 – Budget Review as at 31 March 2008……………………………………………221

GF24/08    Unlawful Erection and Removal of Posters – Affirmationof Policy…………………241

 

Petitions

 

Motion Pursuant to Notice

 

NM15/08    Motion Pursuant to Notice by Cr Matson - Sale of Section of Closed Road at La Perouse

NM16/08    Motion Pursuant to Notice by Cr Matson - Prince Henry Sustainability Issues

NM17/08    Motion Pursuant to Notice by Cr Matson - Proposed Pedestrian Crossing on Botany Street Near Gate 11 of the University of New South Wales

NM18/08    Motion Pursuant to Notice by Cr Matson - Means Testing the Rooftop Solar Rebate

NM19/08    Motion Pursuant to Notice by Cr Matson - Proposed Pedestrian Crossing near Bridgidine College   

 

Notice of Rescission Motions

 

NR4/08      Notice of Rescission Motion by Councillors Procopiadis, Andrews & White - Ordinary Council Meeting - 22 April, 2008 - Item CS15/08 - Director City Services' Report - Concept Design for the Upgrade of Mahon Pool Facilities

NR5/08      Notice of Rescission Motion by Councillors Procopiadis, Andrews & White - Ordinary Council Meeting - 22 April, 2008 - Item CP12/08 - Director City Planning Report - Maroubra Beach Urban Design Review

 

NR6/08      Notice of Rescission Motion by Councillors Notley-Smith, Matson & Woodsmith - Planning Committee - 13 May, 2008 - Item PL17/08 - Development Application Report - 3 Stark Street, Coogee  

 

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

27 May 2008

 

 

 

Director City Planning Report No. CP14/08

 

 

Subject:                  2-4 Strachan Street, Kingsford

Folder No:                   DA/1077/2007

Author:                   Perry Head, Environmental Planning Officer     

 

 

Proposal:                     Demolition of existing buildings on site and erection of a two storey 32 room boarding house with 4 car spaces and associated landscaping and site works

 

Ward:                      West Ward

 

Applicant:                Apex Investment Holdings Pty Ltd

 

Owner:                         Apex Investment Holdings Pty Ltd

 

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 Nash, Seng and Andrews.

 

The application details the demolition of the existing two semi detached dwellings and outbuildings on the site and the erection of a new two storey boarding house containing 32 rooms and with 4 car spaces. There are no relevant Randwick Council Policy controls for boarding house development and as such a merit based assessment has been undertaken with reference to section 79C of the Environmental Planning and Assessment Act 1979.  The City of Sydney Boarding House DCP has also been used as a guide in relation to room sizes and indoor and outdoor communal areas.

 

The main issue is the impact of the development upon the amenity of the adjoining residents and immediate locality.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

The application details the demolition of the existing buildings on site and the erection of a new two storey building to be used as a boarding house containing 32 rooms with en suite bathroom facilities, including a manager’s room, an office at ground level, common living rooms, kitchen and laundry to each level. The rooms on the western side of the building have balconies to the upper level and a balcony is proposed to the rear off the living room and kitchen.  Four car spaces are proposed, two to the rear with access from Barker Lane and two to the front with access off Strachan Street. Within the rear yard area there is a BBQ area, a gazebo above an outdoor living area and clothes drying court. Landscape screening is to be planted to the side boundaries and erect a 1800mm high masonry and metal panel front fence.

 

The building will provide for 822m² of habitable floor area.

 

A detailed management plan for the operation of the boarding house has been submitted and notes that there will be a live in manager who will occupy one of the ground floor rooms adjacent to the office.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Strachan Street and is known as 2-4 Strachan Street, comprising Lots A & B within DP 107399, the site is rectangular in shape and has a frontage to Strachan Street of 20.117m a depth of 50.29 and a total site area of 1 012m², the site falls from the front to the lane with a slight fall. Rear access to the site is available from Barker Lane. The immediate locality is residential in nature and contains a mixture of single dwelling houses and multi unit housing development. 

 

4.    Site History

 

There is no relevant site history regarding this application.

 

5.    Community Consultation

 

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

 

 

5.1 Objections

 

Owner of 2B Strachan Street Kingsford

Issue

Comment

The allocated parking of four spaces is inadequate.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

Strongly objects to the provision of 32 rooms to the boarding house, the application was advertised originally as providing 16 rooms.

The original notification and advertisement was in error and the application was re-advertised and notified to correct the number of proposed rooms to 32.

 

Resident of 7 Strachan Street Kingsford

Issue

Comment

The application is an over development of the land and does not comply with Council guidelines by a significant amount.

See assessment of floor space ratio in Section 7 and discussion of SEPP 1 Objection.

The structure is too large and should be significantly reduced to lessen the impact upon the streetscape.

The overall bulk and scale of the development as viewed in the local streetscape is consistent with the two storey buildings adjoining and in the immediate area.

The rooms are too small and should be increased for the occupant’s enjoyment.

The room sizes are adequate for a single occupant and some for a couple and the rooms at ground level have a courtyard and those in the upper level western side have balconies

 

 

The development does not provide enough parking and basement parking should be provided.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

 

Resident of 9 Strachan Street Kingsford

Issue

Comment

There are concerns that there will be problems with noise from the amount of people occupying the building.

The Management Plan of the building includes house rules which are administered by the Building Manager and will minimise noise generated by residents of the building.

Additional residents will result in more overcrowding and loss of parking.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

There are concerns in relation to loss of privacy and security.

The proposed building will not result in any significant loss of privacy to residents on the opposite side of Strachan Street and there is no evidence to suggest that the building will cause problems in relation to security.

The proposal will result in major disruption in the locality.

The proposed boarding house use when operated in accordance with the Management Plan for the building will not result in any major disruption within

the immediate locality.

 

Resident of 15 Strachan Street Kingsford

Issue

Comment

The dramatic increase in population will be unhealthy for their suburb in relation to noise and hygiene problems.

The proposal if approved will result in the existing very dilapidated buildings being demolished and the overgrown vegetation being cleared which will significantly improve not only the appearance of the streetscape and reduce harbourage for vermin.

The increase in population will increase crime and the quality of life for the surrounding residents.

There is no evidence to suggest that the proposed new boarding house will increase crime or reduce the quality of life of local residents.

The proposal will result in a loss of privacy.

Screen planting to both side boundaries will maintain a reasonable degree of privacy to the adjoining properties, and the plans as originally submitted have been amended to delete upper level balconies within the eastern elevation of the building which could have overlooked the rear yard areas of the adjoining properties in Houston Road.

The development will result in loss of sunlight and views.

The degree of overshadowing to the adjoining properties is not unreasonable and by itself could not justify the refusal of the application on that basis alone.

The lack of parking will severely inconvenience local residents.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

The proposal will devalue their property.

There is no evidence that the approval of this application for a boarding house will result in a loss of property value to adjoining properties.

The development proposal is unsuitable for the area and will transform the area into one that is unfavourable for the residents.

The proposed building will replace a pair of semi detached buildings and outbuildings which are in a severely dilapidated state on a site which contains overgrown vegetation and includes large amounts of rubbish accumulated within the rear yard. The demolition of these buildings and clearance of the site and removal of rubbish and overgrown vegetation and erection of a new building will improve the character of the streetscape and the amenity of the residents.

 

Resident of 53 Houston Road Kingsford

Issue

Comment

There are already problems with parking in the laneway obstructing access to his property and the provided parking is inadequate.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP. Approval of this application does not imply that parking restrictions in the lane do not apply.

There are concerns relating to noise from the rear bbq and gazebo area and a solid fence should be provided.

A condition of consent is recommended to require that a 1800mm high masonry fence be erected to both side boundaries.

There will be loss of privacy to their rear yard and a solid wall to the balcony is requested.

Screen planting to both side boundaries will maintain a reasonable degree of privacy to the adjoining properties, and the plans as originally submitted have been amended to delete upper level balconies within the eastern elevation of the building which could have overlooked the rear yard areas of the adjoining properties in Houston Road.

An existing remaining tree which is to remain is an undesirable tree and is deciduous.

A condition of consent is recommended to require this tree, Tree of Heaven, be removed and replaced with a more appropriate species and details provided with the landscaping plans.

A boarding house development is inappropriate to the area as it is two storeys and invades the privacy of all the surrounding development.

The two storey nature of the building is consistent with the adjoining residential flat buildings and duplexes in Strachan Street and Houston Road. With respect to privacy, the plans as originally submitted have been amended to delete the upper level balconies in the eastern elevation which could have overlooked the rear yards of the adjoining properties in Houston Road.

 

Owner of 57 Houston Road Kingsford

Issue

Comment

There is no DCP for Boarding Houses and the applicant has used the City of Sydney DCP for Boarding Houses as a guide.

Noted, the application has been considered on merit and assessed in accordance with the Randwick LEP and Randwick Parking DCP.

The proposal is an over development of the site with the floor space ratio exceeding the Council controls.

The floor space ratio is assessed in detail in Section 7 in relation to the SEPP 1 Objection relating to floor space ratio.

The room sizes are inadequate.

The rooms comply with the Public Health Act minimum of 5.5m² of floor area per occupant and the minimum room sizes in the Sydney City Council DCP.

The communal kitchen area does not comply with the minimum standard.

There is no applicable minimum standard for kitchen areas in boarding houses.

The side boundary setbacks are inadequate.

See assessment of side boundary setbacks in Section 7.

The landscaped area does not meet minimum Council requirements.

See assessment in Section 7 in relation to the SEPP 1 Assessment relating to landscaping.

The removal of trees on the site will result in a loss of privacy.

Screen planting to both side boundaries will maintain a reasonable degree of privacy to the adjoining properties, and the plans as originally submitted have been amended to delete upper level balconies within the eastern elevation of the building which could have overlooked the rear yard areas of the adjoining properties in Houston Road.

The proposed four parking spaces are inadequate.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

The building may be used as a boarding house.

A condition of consent is recommended to restrict the number of occupants to one per room.

 

Resident of 59 Houston Road Kingsford

Issue

Comment

The proposed landscaping does not comply with the minimum of the LEP.

See detailed assessment in Section 7 of the SEPP 1 Objection relating to landscaping.

The floor space ratio exceeds the LEP controls and is a major over development.

See detailed assessment in Section 7 of the SEPP 1 Objection relating to floor space ratio.

The side boundary setbacks do not comply with the multi unit housing setbacks.

The proposed development is not multi unit housing development and that DCP does not apply. See Section 8 Environmental Assessment.

 

Resident of 61 Houston Road Kingsford

Issue

Comment

The proposal does not comply with the objectives of the residential 2B zone.

The proposed use is not inconsistent with the objectives of the 2B zone.

The proposal fails to meet planning controls to such an extent that if approved would negate the standards inherent in the controls.

See detailed assessment in Section 7 in relation to the SEPP 1 Objections relating to floor space ratio and landscaping.

The proposed establishment is not a boarding house according to the normally accepted meaning of the expression.

The proposal satisfies the definition of a boarding house in the Randwick LEP, which states that a Boarding House means a building or places where, permanent accommodation facilities are provided to the residents of the building or place, and where meal and laundry facilities may be provided.

The application does not provide certainty as to the number and nature of the occupants.

A condition of consent is recommended to restrict the use of the rooms to a maximum number of occupants

The screens on the upstairs balconies will not ensure privacy to adjoining properties.

Screen planting to both side boundaries will maintain a reasonable degree of privacy to the adjoining properties, and the plans as originally submitted have been amended to delete upper level balconies within the eastern elevation of the building which could have overlooked the rear yard areas of the adjoining properties in Houston Road.

The number of parking spaces is inadequate for the expected population.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

The absence of a resident manager will make it impossible to control unsatisfactory behaviour.

The applicant has provided a building management plan which notes that there will be a resident building manager.

 

Resident of 2 Koorinda Avenue Kingsford

Issue

Comment

There are only four parking spaces provided which will aggravate the already limited street parking.

The Parking DCP requires that for boarding houses car space be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

The use of the building as a boarding house will attract unsavoury occupants and will make the neighbour hood unsafe and devalue the street.

The building management plan will control the use and operation of the building and there will be a resident manager who would be able to address any concerns raised by surrounding residents.

 

Kensington Precinct Committee

Issue

Comment

The proposal is an over development of the site and is an excessive floor space ratio.

See detailed assessment of floor space ratio and the SEPP 1 Objection in Section 7.

The setbacks are inadequate.

See assessment of side boundary setbacks in Section 7.

The room sizes are inadequate.

The room sizes satisfy the minimum standards

The parking provided is inadequate.

The Parking DCP requires that for boarding houses car spaces be provided at the rate of one space per 10 rooms, plus one per resident caretaker. The four provided spaces therefore comply with the DCP.

The proposal will result in a significant loss of privacy and amenity to residents.

Screen planting to both side boundaries will maintain a reasonable degree of privacy to the adjoining properties, and the plans as originally submitted have been amended to delete upper level balconies within the eastern elevation of the building which could have overlooked the rear yard areas of the adjoining properties in Houston Road.

In response to the issues raised in the submissions the applicant has amended the proposal by increasing the setback in part of the eastern elevation and deleting the balconies at the upper level of this elevation. The amendments were not re-exhibited as the impacts from the proposed development were significantly reduced.

 

6.    Technical Officers Comments

 

The application has been referred to Council’s Manager of Health, Building and Regulatory Services and Council’s Landscape Development Officer for comment and relevant conditions of consent have been provide for inclusion with any consent issued by Council.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

Clause 11

The objectives of Zone No. 2B are the following:

 

a)  to allow a variety of housing types within residential areas, and

b)  to allow a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas, and

d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and

e)  to enable a mix of housing types to encourage housing affordability.

 

The proposed use as a boarding house is consistent with these objectives of the zone as it will increase the mix of housing types in the locality and will promote housing affordably.

 

Clause 31

Development other than for the purpose of a dwelling within a 2B zone must provide for a minimum of 50% of the total site area as landscaped area. The proposal will provide for 46% of the site area as being landscaped area which does not comply and a SEPP 1 Objection has been lodged for consideration which is discussed in detail below.

 

The  SEPP 1 Objection has argued that strict compliance with Clause 31 of Randwick LEP No 1998 is unreasonable and unnecessary in the circumstances.  SEPP 1 requires consideration of the following issues in granting a variation to statutory standards:

 

·      Whether or not the planning control is a development standard

 

The landscaped area control in question is a development standard as contained in the Randwick LEP 1998.

 

·      The underlying object or purpose of the standard

 

 

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

 

“To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.”

 

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

 

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

 

The proposed development would be consistent with the aims of the Policy, and would not tend to hinder the objects specified in the EP&A Act for the orderly and economic use of the land.

 

The objective of the landscaping standards is to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes. Despite being below the minimum area requirement, the landscaped area proposed will provide adequate space for the recreational purposes of residents. The landscaped area is located to the rear of the site and will provide privacy to residents and will form part of the consistent green edge to the rear of neighbouring properties.

 

A significant area of deep soil planting is proposed which will ensure maximum stormwater infiltration in accordance with Council’s objectives for stormwater management and amenity. Adequate landscaped area has also been provided to the street frontages of the site which has ‘softened’ the appearance of the development from the street in accordance with the objectives of the landscaping standards. Despite non-compliance with the statutory standard, the proposal represents an improvement in the quality of the landscaping on the site and will provide good amenity for residents and the street.

 

The extent of the non compliance with the development standard is minor and to this extent would not be significant and distinguishable.  Therefore compliance with the standard is considered unreasonable and unnecessary in the circumstances.

 

·      Whether the objection is well founded.

 

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

 

·             Articulated the underlying stated objectives of the standard clearly.

 

·             Demonstrated that there are no significant adverse environmental impacts arising from the proposed development and that the proposed development will provide sufficient landscaped areas to achieve the objectives of visual softening, on-site water infiltration and an adequate area for recreational space for the building’s occupants.

 

The applicant’s arguments in support of the non-compliance are considered to be well founded and the SEPP 1 objection is recommended for support. The non-compliance with the landscaped area standard will not result in amenity impacts to surrounding properties, the streetscape or residents of the development.

 

The proposal, subject to compliance with conditions, is satisfactory with regard to landscaping and the SEPP 1 objection in relation to Clause 31(2) of RLEP98 is recommended for support.

 

Clause 32

The maximum floor space ratios for buildings other than dwellings in 2B zones is 0.65:1. The proposed floor space ratio for this building is 0.82:1 which does not satisfy the maximum as detailed in this Clause of the LEP and a SEPP 1 Objection has been lodged for consideration which is discussed in detail below.

 

The applicant has argued that strict compliance with Clause 32 of Randwick LEP No 1998 is unreasonable and unnecessary in the circumstances. SEPP 1 requires consideration of the following issues in granting a variation to statutory standards:

 

·      Whether or not the planning control is a development standard

 

The floor space ratio control in question is a development standard as contained in the Randwick LEP 1998.

 

·      The underlying object or purpose of the standard

 

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

 

“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 to reduce potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.”

 

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

 

The proposed development is consistent with the aims of the Policy, and would not tend to hinder the objects specified in the EP&A Act for the orderly and economic use of the land.

 

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

 

The proposed development would allow for a reasonable redevelopment of the land with a bulk and scale that would be visually compatible with character of the existing development in the immediate locality. There are a number of two and three storey multi unit housing developments, including two, two storey older style multi unit housing building immediately adjoining the site in Strachan Street. In the context of the local and surrounding streetscape the resultant bulk and scale of the development is consistent with the established character of the locality and compliance with the standard is considered unreasonable and unnecessary in this instance.  The floor area proposed will not have a significant impact on the amenity of adjoining residential properties in terms of solar access and privacy. The proposal is satisfactory with regard to density.

 

·      Whether the objection is well founded.

 

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

 

·       Articulated the underlying stated objectives of the standard clearly.

 

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

 

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

 

o   The proposal is not inconsistent with other development in the locality in terms of height, bulk and scale, particularly in relation to multi-unit housing buildings in the area.

o   The proposal provides a large useable recreational open space area in the form of a common rear yard and private courtyard areas to the ground level rooms.

o   The proposal will contribute positively to the appearance and character of the area, particularly as the building replaces the existing dilapidated buildings on site.

o   The proposal will not result in any unreasonable adverse amenity impacts on adjoining development in terms of loss of privacy, overshadowing or visual impact.

o   The proposal provides low cost residential accommodation in the form of boarding house accommodation, which is consistent with the 2B Zone objectives.

 

The proposed development will be consistent with the bulk and scale of the surrounding area and that there will be no adverse environmental impact to the adjoining properties. The scale of the proposed development is consistent with the surrounding development and is not excessively high or dominating of the streetscape. The height and form of the development, including the building footprint are comparable to the height of a two storey multi unit building.

 

Given the 2(b) zoning of the subject site and the potential of surrounding sites to cater for multi-unit residential buildings, it is considered the density of the proposed development is appropriate despite non-compliance with the numeric control for FSR under RLEP98 and that the objection should be supported.

 

Clause 33

The maximum height for a building other than a dwelling within a 2B zone is 9.5m measured vertically from any point at ground level and the maximum wall height measured vertically from any point at ground level is 7m. The proposal has an overall and maximum wall height of 7m.

 

Clause 34

This clause of the LEP whilst referring to Boarding Houses is not applicable in this instance in that the clause applies only to the change of use of an existing boarding house to another use or demolition of a boarding house.

 

Development Control Plan – Parking

The DCP for Parking requires that for boarding houses 1 car space be provided for every 10 rooms, with 1 resident caretaker. The proposal provides for 4 parking spaces which complies with the DCP, having regard that the building will include 31 rooms for letting and 1 room for the live in manager.

 

8.    Environmental Assessment

 

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

 

Boundary setbacks

The side boundary setbacks of the building vary from 3.02m to 3.5m from the western side boundary and 3.02m and 5m from the eastern side boundary. These setbacks provide for sufficient distance between the subject and adjoining buildings to maintain reasonable levels of solar access and minimize overshadowing to the adjoining buildings and also, these setbacks allow for a reasonable space for landscaping and private open spaces to the ground level rooms.

 

The front boundary setback of 4.8m is consistent with the setbacks of buildings on this side of Strachan Street. With respect to the rear boundary setback it is proposed to be 7.882m which allows for a sufficient rear yard area to provide of a reasonable area of common outdoor living area for the occupants, as well as an area for clothes drying, bicycle storage and garbage storage. The rear setback is also acceptable as there is a rear laneway which provide an additional degree of separation between the proposed and existing buildings on the other side of the lane.  

 

Privacy

The plans as originally submitted have been amended to delete the upper level balconies within the eastern elevation which could overlook the private rear yard areas of the properties adjoining in Houston Road. There are no significant concerns relating to the upper level balconies within the western elevation as these will look upon the wall of the adjoining two storey residential flat building.  In addition, the proposal includes screen planting to the side boundaries which will maintain visual and to a degree aural privacy to the adjoining properties. There is a rear upper level balcony off the common living area and kitchen which includes fixed metal privacy screens which will prevent direct overlooking into the adjoining properties.

 

Fences

The proposal includes a 1800mm high masonry and metal palisade style infill panel front fence with entry gates to the front path and car spaces, and letter boxes. The proposed fence will compliment the design of the proposed building and will appear in the local streetscape as being integrated with the building design. With respect to the appearance of the fence within the local streetscape, there are no objections as there is a wide variety of fencing forms in the street and a fence of this design can be accommodated within the streetscape without any adverse impacts.

 

A rear boundary solid masonry fence 1800mm in height is proposed which is consistent with other fences which adjoin the laneway and will provide for a reasonable level of security to the rear of the site. A condition of consent is also recommended to require that a 1800mm masonry wall be erected to both side boundaries to assist in maintaining privacy to the adjoining properties.

 

Overshadowing

The shadow diagram submitted with the application illustrates that the degree of overshadowing to the adjoining properties will not be unreasonable and will not impact significantly upon the amenity of the adjoining residents.

 

Noise, Safety and Security

The proposed boarding house use will raise issues of noise that is likely to emanate from the proposed boarding house and the impact of noise from the operations of the boarding house. Council’s Environmental Health Officer has applied conditions requiring the use and operation of the boarding house not to give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

Additionally, a condition has been imposed requiring the applicant to comply with a Plan of Management for the proposed boarding house to ensure that any potential source of noise, disruption and anti-social behaviour to adjoining residences is effectively controlled and managed.

 


Room sizes and amenity

The boarding house rooms have sufficient floor area to provide for a bed, desk and wardrobe to each room and exceed the minimum bedroom size for boarding houses in the City of Sydney DCP. The room sizes are therefore considered adequate to accommodate the furniture and storage requirements of residents. Each room has adequate access to natural light and ventilation and the outdoor spaces will receive adequate solar access to provide sufficient amenity to residents. The provision of ensuites to the rooms provides greater housing choice and increases the overall amenity of the development.

 

Ecologically Sustainable Development

The proposal does not require BASIX certification (being for a Class 3 boarding house building). Nevertheless, conditions will be applied requiring the applicant to submit NatHERS reports indicating that the proposed development achieves 3.5 stars energy rating, and a range of water and energy efficient fixtures throughout including AAA rated water fixtures, energy efficient laundry, kitchen and fridge appliances will be incorporated into the development.

 

The suitability of the site for the development

The site is well located close to the Kingsford Town Centre and major public transport route of Anzac Parade. The site is zoned 2(b) and the use of the site for a boarding house is permissible within this zone.

 

The site is suitable for the proposed development.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6A:     A liveable City.

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

 

Conclusion

 

It is considered that the proposed building and use is appropriate on the site given the desired future character of the area, the development standards, aims and objectives contained within the RLEP98, and the amenity standards generally applied to residential development in the 2(b) zone. The proposed boarding house development complies with the relevant assessment criteria and will not result in any significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

The application is therefore recommended for approval subject to conditions of consent.

 

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. 1077/07 for permission to construct a new two storey boarding house containing 32 bedrooms, common living and utility rooms, outdoor living areas, car spaces and associated landscaping and site works at 2-4 Strachan Street, Kingsford subject to the following conditions:

 

 

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered job no. 0710, sheets A01 to A08 inclusive dated November 2007 and received by Council on the 20th March 2008 and the plan numbered job no. 0610, sheet A09 dated February 2008 and received by Council on the 20th March 2008, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

3.       There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

 

4.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

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

 

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

 

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

 

8.       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 paving or the like on the ground) without the written consent of Council.

 

9.       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.

 

10.     To maintain a reasonable degree of privacy to the adjoining residents the side boundary fencing is to be of solid masonry to a minimum height of 1800mm.

 

The applicant and owner is advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

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

 

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

 

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

 

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

 

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.

 

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

 

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

 

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

 

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

 

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

 

16.     As a minimum appliances provided within the development are to satisfy the following energy ratings:

 

·           Clothes dryers minimum 2.5 star

·           Dishwashers minimum 3 star

·           Air conditioners minimum 4 star

·           Clothes washers minimum 4 star

·           Fridge minimum 4 star

 

17.     A rainwater tank, of sufficient size to provide water for irrigation of landscaped areas within the development and for internal toilet flushing and clothes washing machine use, is to be provided to the development in accordance with Council’s Rainwater Tank Policy, to Council’s satisfaction.

 

The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4 metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate, to the satisfaction of the Certifying Authority.

 

The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

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

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$ 480 000

1.0%

$ 4 800.00

 

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate being issued for the proposed development. The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

25.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

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

 

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

 

27.     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.

 

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

 

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

29.     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.

 

30.     The building is required to be provided with a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia and AS 1670.

 

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

 

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

 

31.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon all of the premises adjoining the subject site.

 

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

 

32.     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:

 

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

 

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

 

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

 

34.     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).

 

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

 

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

 

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

 

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

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.

 

37.     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)      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.

 

g)     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.

 

h)     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

44.     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.

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

45.     Access and sanitary facilities must be provided for people with a disability in accordance with Part D3 and Part F2 of the Building Code of Australia and AS 1428. Details are to be included in the Construction Certificate to the satisfaction of the certifying authority.

 

46.     Places of Shared Accommodation must comply with the Local Government (Orders) Regulation 1999 and the premises must be registered with the Council prior to issuing the Occupation Certificate.

 

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:

 

47.     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).

 

48.     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:

 

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

 

50.     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.

 

51.     The common areas of the premises such as kitchen, toilet, outdoor communal area, gazebo and BBQ area is to be maintained in a clean and healthy condition at all times.

 

52.     The boarding house premises shall be operated in accordance with the definition of boarding house contained in the Randwick Local Environmental Plan 1998. Accommodation is not to be provided on a temporary basis to persons whose principal place of residence is elsewhere and/or for tourism purposes.

 

53.     The outdoor communal area, gazebo & BBQ area shall not be used or occupied between:

 

Monday – Thursday:              10pm – 7am

         Friday:              12am (midnight) – 7am

Saturday & Sunday:               12am(midnight) – 8am  

 

54.     The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public advising of the managers name and contact number.

 

55.     The Plan of Management titled Management Plan for Boarding House 2-4 Strachan Street, Kingsford produced by Archicorp architects & project managers and received by Council on 20 March 2008 must be incorporated in the operation and use of the boarding house. No variation shall be permitted without the further approval of Council.

 

56.     The manager shall maintain a record of all residents with details of their names, length of stay & number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council Officers upon request.

 

57.     All residents in the boarding house are to sign a lease or licence agreeing to comply with the Plan of Management for the boarding house, with the length of the lease to be determined by the management. 

 

58.     The building manager is to be a resident in the building, residing in room 2.

 

59.     Units 1, 2, 3, 13, 15, 16, 17, 18, 19, 29, 31, and 32 shall be restricted to one occupant whilst units 4- 11, 12, 14, 20-27, 28, and 30 shall be restricted to two occupants.

 

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

 

60.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

a)     $1000.00 - Damage/Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

§  A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

 

§  Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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

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

 

61.     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 two full width concrete vehicular crossings and laybacks off Strachan St and a full width concrete vehicular crossing and layback off Barker Lane at kerb opposite the vehicular entrances to the site.

 

b)   Construct kerb and gutter for the full site frontage in Barker Lane except opposite the vehicular entrance and exit points.

 

c)   Re-construct kerb and gutter for the full site frontage in Strachan Street except opposite the vehicular entrance and exit points.

 

d)   Carry out associated road works including a full depth, 1 metre wide, road construction in front of the kerb and gutter along the full site frontage in Barker Lane.

 

62.     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.

 

63.     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.

 

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

 

65.     The driveway openings at the Strachan St Street frontage must each be 2.67 metres wide and the driveway opening off Barker Lane must be 4.8 metres wide.

 

66.     A Works Zone is to be provided 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.

 

67.     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.

 

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

 

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

 

·      20mm above the centerline of the roadway along the full site frontage in Barker Lane.

 

·      match the back of the existing footpath along the full site frontage in Strachan Street.

 

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

 

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

 

70.     The above alignment levels and the site inspection by Council’s Development Engineer     have been issued at a prescribed fee of $885.15 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

71.     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.

 

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

 

The applicant shall liaise with Telstra to ensure all requirements are met in relation to the Telstra Pit located within the eastern driveway off Strachan St.

 

73.     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.

 

74.     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.

 

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

 

75.     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.

 

76.     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.

 

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

 

a)     The kerb and gutter or drainage system at the front of the property in Strachan St; OR

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

 

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

 

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

 

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

 

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

 

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

 

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

 

80.     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.

 

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

 

82.     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

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

 

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

 

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

 

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

 

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

 

Notes:

 

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

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

 

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

 

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

 

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

 

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

 

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

 

88.     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.

 

89.     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.

 

90.     88  Prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

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

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

 

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

 

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

b)     Finished site contours at 0.2 metre intervals;

c)     Volume of storage available in the detention areas;

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

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

f)     Details of any infiltration/absorption systems; and

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

 

92.     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.

 

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

 

93.     The garbage room areas will have to be designed so as to be able to contain a total of 8 x 240 litre bins (4 garbage bins & 4 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.

 

94.     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.

 

95.     The waste storage areas shall be clearly signposted.

 

96.     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:

 

97.     Landscaping shall be provided to the site to enhance its amenity and reduce the impact of the development upon both neighbouring properties and the streetscape. A landscape plan prepared by a professional holding the minimum qualification of an Associate Diploma in Landscape/Horticulture shall be submitted to, and be approved by, the Principal Certifying Authority (PCA), prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council if not engaged as the PCA, prior to the commencement of works), and will include the following details:

 

a.       A planting plan and plant schedule which details proposed species, quantity, pot size at the time of planting and their location, and will contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions;

 

b.       Planting along the southern boundary, within the private courtyards fronting Strachan Street, shall utilise a species which will attain the same height as that of the proposed front fence (ie, 1.8 metres);

 

c.       A minimum of 2 x 100 litre (pot size at the time of planting) feature/ accent trees, comprising one each at the southwest and southeast corner of the site, at the northern end of both proposed internal hard stands/car spaces shall be provided, selecting a species which will attain a minimum height of 4 metres at maturity; 

 

d.       In order to ensure sufficient area for the establishment of a 5 metre tall, continuous evergreen privacy screen/hedge is provided along the length of the eastern boundary as shown, the width of the garden bed shall be increased from 500mm to a minimum width of 1 metre, with an appropriate species to be nominated in this location;

 

e.       Provision of 1 x 200 litre (pot/bag size at the time of planting) native tree in the rear yard, in the northeast corner of the site, within the proposed area of private open space, using a species which will attain a minimum height of 10 metres at maturity.

 

f.        In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

g.       To ensure satisfactory maintenance of the landscaping, an automatic drip irrigation system shall be installed throughout all planted areas. Details are to be submitted showing connection of this system to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with current Sydney Water requirements.

 

h.       Any substation required shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

i.        All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

98.     Landscaping shall be installed in accordance with the approved documentation, with documentary evidence to be obtained from a qualified Landscape Architect (member of AILA) or Landscape Designer/Manager (member of AILDM), which shall be submitted to the PCA (with a copy sent to Council if not engaged as 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 plans and relevant conditions of development consent.

 

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

 

Tree Management

100.    The applicant shall submit a total payment of $107.25 (including GST) to Council, being the cost for Council to:

 

a.       Supply and install 1 x 25 litre street tree, Agonis flexuosa (Willow Myrtle) on Council’s Strachan Street nature strip, an equal distance between the existing Willow Myrtle street tree and the vehicle crossing proposed towards the western boundary, at the completion of all works ($97.50 + GST).

 

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

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613 (quoting the receipt number), and giving at least two working weeks notice, to arrange for provision of the new street tree upon completion of all site works.

 

101.    Other than the Willow Myrtle street tree located on Council’s nature strip, towards the eastern boundary, which is to be retained (refer Tree Protection Measures below), the applicant will be required to remove, at their own cost, all remaining vegetation on the Strachan Street nature strip in front of the site, comprising the small Bottlebrush and Citrus Tree, in order to accommodate new street tree plantings, with the applicant required to satisfy themselves as to the location of all services, prior to the commencement of any works on public property (refer also Service Authority Conditions).

 

102.    With the exception of the large Eucalyptus saligna (Sydney Blue Gum, identified as T1 in the submitted Arborists Report) located in the rear yard of the site (currently 4 Strachan Street), about halfway along the length of the eastern boundary which is to be retained (refer Tree Protection Measures below), all other existing vegetation within the site shall be removed to accommodate the proposed works, as all were assessed is being exempt from the provisions of Council’s Tree Preservation Order (TPO) due to either their insignificance, structural faults, or being listed as undesirable species, and is provided on the basis of full implementation of the approved landscape plan.

 

103.    Permission is granted for the selective and minimal pruning of only the one lowest, inferior first order structural branch growing to the west, from the Eucalyptus saligna (Sydney Blue Gum) located in the rear yard of the site (4 Strachan Street), about halfway along the length of the eastern boundary in order to avoid damage/conflict with site machinery or approved building lines, and shall amount to no more than 5% of its total canopy cover, as detailed in point 5.20 of the submitted Arborists Report.

 

104.    Prior to the commencement of any pruning works, the applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, to arrange a joint site inspection for the purposes of confirming the extent of pruning permissible, with         the applicant required to adhere to Council’s instructions.

 

105.    All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

Tree Protection Measures

106.    In order to ensure retention of the Agonis flexuosa (Willow Myrtle) located within Council’s nature strip, about halfway across the width of 4 Strachan Street, towards the eastern boundary in good health, the following measures are to be undertaken:

 

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

b.       This street tree shall be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing, which shall be located along the back of the kerb, as well as a distance of 1.5 metres to both its east and north, as well as 4 metres to its west, measured off the outside edge of its trunk, to completely enclose this tree for the duration of the works.

c.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT ENTER".

d.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

e.       A minimum setback of 2 metres shall be provided between the trunk of this tree and the western edge of the proposed vehicle crossing, as detailed in point 5.10 of the submitted Arborists Report.

f.        Any excavations associated with the western edge of the proposed vehicle crossing shall be initially undertaken by hand by the site Arborist (refer eligibility requirements in point ‘f’ of last condition in this report), to a minimum depth of 100mm, with any roots encountered to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

g.       Prior to the commencement of the works detailed in point ‘f’ above, the applicant shall contact Council’s Landscape Development Officer on 9399-0613, giving at least two working days notice, to arrange a joint site inspection for the purposes of confirming that the appropriate level of care will be taken during this component.

h.       A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $5,000.00 (no GST) shall be lodged with Council in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

         The contribution shall be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development.

 

 

QUANTITY

 

        SPECIES       

 

   AMOUNT

 

One

 

Agonis flexuosa (Willow Myrtle)

 

$5,000.00

 

 

 

TOTAL

 

$5,000.00

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to this tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

107.    In order to ensure retention of the Eucalyptus saligna (Sydney Blue Gum) located in the rear yard of the site (currently 4 Strachan Street), about halfway along the length        of the eastern boundary in good health, the following measures are to be undertaken:

 

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

 

b)       All detailed documentation submitted for the construction certificate application shall show no alteration in the existing soil levels within a radius of 4 metres off its trunk, with any services, pipes, detention tanks or, stormwater infiltration systems to be suitably designed so as to be located outside this area also.

 

c)       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 4 metres to both the south and north of the outside edge of its trunk, as well as 3.5 metres to its west, matching up with the eastern site boundary in order to completely enclose this tree for the duration of the works.

 

d)       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such time as the proposed paving and landscape works beneath its western aspect need to be performed, with signage containing the following words to be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT ENTER".

 

e)       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

f)        Prior to the issue of a construction certificate, the PCA will be required to ensure that an Arborist who holds the minimum qualification of Level V in Arboriculture, and who is also a registered member of a nationally recognised organisation/association (“the site Arborist”), has been engaged for the duration of the proposed works for the purposes of performing and/or supervising all components of the works which have the potential to impact this tree, ie, demolition of existing dwellings and during construction, as well as implementation of these protection measures, with all site staff to comply with the site Arborists recommendations.

 

g)       Prior to the issue of a construction certificate, construction details shall be submitted to, and be approved by, the site Arborist (with a copy to be forwarded to Council prior to the commencement of site works), which confirms that those parts of the ground floor concrete slab of Units 11, 13 & 15, as well as the brick wall divisions in the same area, which encroach within the setback specified in point ‘b’ above, have been engineering so as to be suspended above grade, with a minimum 40mm void to be provided between the slab and ground level, in accordance with points 5.8 – 5.9 of the submitted Arborists Report.

 

h)       Any excavations required for footings, structures, retaining walls, paving etc within a radius of 5.0 metres of the tree trunk shall be initially undertaken by hand either by, or under the supervision of, the site Arborist, with any roots encountered having a diameter of 75mm or greater to be preserved, with footings, structures etc to be suitably redesigned to accommodate their preservation, with those roots having a diameter less than 75mm to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

i)        Prior to the issue of a final occupation certificate, the site Arborist shall submit a certificate, to the satisfaction of the PCA (with a copy to be forwarded to Council if not the PCA) which confirms compliance with the measures described in this report.

 

108.    The Ailanthus altissima (Tree of Heaven) within the northeastern corner of the site is identified as am environmental weed and is to be removed and replaced with a more desirable species and details provided with the Landscape plan for approval.

 

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.

 

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

 

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

a)     Part C2     -    Compartmentation and separation

b)     Part  D1    -    Provision for Escape

c)     Part  D2    -    Construction of Exits 

d)     Part D3     -    Access for people with disabilities

e)     Part E1     -    Fire fighting equipment

f)      Part E2     -    Smoke Hazard Management

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

h)     Part F2     -    Sanitary Facilities

h)     Part F5     -    Sound Transmission and Insulation

 

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.

 

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

 

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

 

4.       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.

 

5.       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

 

 


Ordinary Council

27 May 2008

 

 

 

Director City Planning Report No. CP15/08

 

 

Subject:                  11 Burke Street, Chifley

Folder No:                   DA/62/2008

Author:                   Philip North, Senior Assessment Officer     

 

Proposal:                     Demolition of existing dwelling and construction of attached dual occupancy.

 

Ward:                      South Ward

 

Applicant:                MJW Architecture Pty Ltd

 

Owner:                         Con Parris

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application seeks consent for the demolition of the existing dwelling and the construction of an attached dual occupancy. This includes two separate single garages at the front of each dwelling which results in a total of four separate garage doors facing the street and three separate expanses of hard driveway between the proposed dwelling and the front property boundary.

 

The proposal in its current form will result in the domination of the street frontage by car parking structures and hard paving. This will have an unacceptable impact upon the streetscape.

 

The recommendation is for refusal.

 

2.    The Proposal

 

The application proposes the demolition of an existing dwelling and the construction of a part two and part three storey attached dual occupancy, each unit consisting of the following:

 

Level 1:

·      Family room,

·      Dining room,

·      Kitchen,

·      Laundry.

 

Level 2:

·      2 separate single car garages per unit;

·      Entry;

·      Lounge room;

·      Master bedroom;

·      Ensuite & walk-in-robes.

 

Level 3:

·      3 bedrooms;

·      Common bathroom.

 

The proposed building is generally two storey except for a 1.2 metre section in the centre of the building where the three levels overlap to produce a three storey structure.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the Southern side of Burke Street between Caley Street and Brisbane Street in Chifley and is presently occupied by an existing dwelling. The site has a frontage width of 18.29m, a side boundary depth of 30.43m and 38.57m m and has an overall site area of 630.9m².  Neighbouring the property to the east is a detached dwelling, to the west is a detached dwelling and to the rear is a detached dwelling. The surrounding area is low density residential in character and consists predominantly of dwellings.

 

4.    Site History

 

4.1      Application History

The application was lodged with Council on 6 February 2008. The notification period of 14 days extended between 12 February 2008 and 26 February 2008 resulted in no submissions.

 

A preliminary assessment identified excessive dominance of car parking structures on the front façade. On 29 February 2007, a letter was sent to the applicant requesting the amendment of the proposal to address this issue.

 

A meeting was held with the owner and architect on 11 March 2008 to discuss possible solutions. Following this, several draft solutions were proposed, none of which satisfactorily addressed the issue raised and have not been formally accepted by Council.

 

The applicant provided further amended plans by email on 12 May 2008. These were less satisfactory than the plans originally submitted.

 

This assessment is based upon the plans lodged with Council on 6 February 2008.

 

As of 9 May 2008, the application was referred to a meeting of Council for further consideration by Councillors Belleli, Notley-Smith and Seng.

 

4.2      Site Application History

Previous applications submitted for development on the site includes:

 

Development No.

Description

Determination

BA/330/1970

New Dwelling

Approved 1970

BA/941/1977

Alterations & additions

Approved 1977

BA/649/1984

New swimming pool

Approved 1984

 

5.    Community Consultation

 

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

 

6.    Technical Officers Comments

 

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:

 

Landscape Comments

 

There is 3 Cocos Palm Trees located in the front yard, 2 on the eastern side boundary towards the front of the site and 1 on the western side boundary at the front of the site. Permission is granted for the removal the 3 Cocos Palms.

 

The remainder of the trees within the site are 5.00m high or less and thus not covered by Council’s Tree Preservation Order.

 

Drainage Comments

 

Onsite detention of stormwater is required for this application.

 

7.    Master Planning Requirements

 

The subject site has a total area of 630.9sqm. As such the Master Plan requirements contained within Clause 40A of the Randwick Local Environmental Plan 1998 are not applicable.

 

8.    Relevant Environmental Planning Instruments

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   Randwick Local Environmental Plan 1998.

-   Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

-   Development Control Plan – Parking

-   Building Code of Australia

-  BASIX.

 

(a)    Randwick Local Environmental Plan 1998

 

The site is zoned 2A (Residential A Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause No.

Requirement

Provided

Compliance

29 – Foreshore scenic protection area

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

Not applicable.

Not applicable.

30 – Minimum allotment sizes

Min. site area of 450m2 & frontage of 12m for an attached dual occupancy.

Site has an area of 630.9m2 and a frontage of 18.29m.

Complies.

31 - Landscaped area

Min. 40%

47%

Complies.

32 – Floor space ratio

0.50:1

0.49:1

Complies.

33 - Building heights

9m maximum building height, 7m maximum external wall height.

Max. wall and building height: 6.8m

Complies.

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

Vicinity of Heritage Item

Not in vicinity of heritage item.

Complies.

 

(b)    Draft Randwick Local environmental Plan 2007:

 

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

 

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

 

SEPP: BASIX requirements came into force for all new dwellings, dual occupancies and some transient residential accommodation where development applications were lodged on or after 1 July 2004. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

 

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

 

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

 

8.1 Policy Controls

a.    Development Control Plan Dwelling Houses and Attached Dual Occupancies

 

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

 

Landscaping

 

Preferred Solution

Assessment

S1

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

47% of the site is landscaped area. Complies.

S1

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

Each rear yard has an area in excess of 25sqm. Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The above areas have minimum dimensions of 8 x 6 metres each. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

47% of the site is permeable. Complies

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.50:1 applies. 

The proposed FSR is 0.49:1. Complies.

 


Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.8 metres. Complies.

S1

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

Not applicable.

S3

Cut or fill does not exceed 1m.

Cut exceeds 1m by up to 0.5m. Does not comply – see assessment below.

S3

No excavation within 900mm of a side boundary.

Does not comply on eastern side but compliance could be conditioned.

S3

No excavation within 4m of a rear boundary.

Complies.

S4

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

The entire southern elevation of the proposed dwelling exceeds 1.5 metres from the southern boundary at first floor level. Complies.

S5

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

Not applicable.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed dwelling is set back 6 metres from the front boundary and is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed dwelling is 6 metres from the rear boundary. Complies.

S3

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

The proposed development is set back 0.94 metres from the side boundaries. Complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1.5 metres from the side boundaries. Complies.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 


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.

Some habitable room windows from bedrooms on the western side have the potential to overlook windows on adjacent properties – can be conditioned to comply.

S1

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

Complies.

S1

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

Can be conditioned to comply.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed front door faces the street. Complies.

S1,3

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

The proposed dwelling has some habitable room windows that overlook the street. Complies.

S2

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

Suitable condition included.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed dwellings each have parking for 2 cars. Complies.

S1

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

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

S1

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

The proposed driveways are less than 3 metres wide at some points – this can be addressed by way of condition of consent. The driveways are set back at least 1 metre from the side boundary. Complies.

S1

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

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

S1

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

The proposed driveway gradient is less than 1 in 8. Complies.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

The proposed garage is located behind the building line. Complies.

S2

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

The proposed garages occupy about 70 % of the width of the site frontage. Does not comply – see assessment below.

 

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

 

The preferred solution for car parking structures is that they occupy no more than 35% of the site frontage whereas the proposal includes garages which occupy around 70% of the frontage. This is not considered acceptable for the following reasons:

 

·        The streetscape is characterised by properties with single driveways (generally single car width) and car accommodation which is generally located behind the front face of the dwelling, occupies less than 50% of the site frontage and does not dominate the streetscape. The proposed development, however, is inconsistent with this established pattern in that it proposes more than one driveway per property and garage doors which are located at the front most portion of the dwellings, occupy in excess of 50% of the frontage and consequently dominate the frontage of the site.

·        The proposal thus has negative streetscape impacts due to the dominance of the car parking structures on the front façade;

·        It results in excessive hard paved surfaces; and

·        It minimises the opportunity for passive surveillance of the street from living areas.

 

As a consequence, the proposal is inconsistent with the objectives of the DCP in that the car parking and driveways are visually obtrusive and detract from the appearance of the proposed dwelling and streetscape.

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Application has been submitted with a BASIX certificate which is deemed to demonstrate compliance with this clause.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

9.    Environmental Assessment

 

The site has been inspected and the application assessed having regard to the provisions of Section 79C of the Environmental Planning and Assessment Act 1979:

 

Section 79C ‘Matters for Consideration’

Comments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Refer to the “Environmental Planning Instruments” section of this report for details.

 

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

Refer to the “Draft LEP” section of this report for details.

 

Section 79C(1)(a)(iii) – Provisions of any development control plan

Refer to the “Policy Controls” section of this report for details.

Section 79C(1)(a)(iiia) – Provisions of any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent would be recommended for imposition should this application be considered suitable for approval.

 

Clause 92 of the EP&A Regulation requires the consent authority to consider relevant Australian Standards relating to the demolition of building structures. This matter would be addressed by a condition of consent.

 

 

Clause 93 of the EP&A Regulation requires the consent authority to consider the fire safety and structural capacity of a building. These matters would be addressed via appropriate conditions of consent.

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality.

As discussed in the body of this report, the proposal is considered to result in adverse environmental impacts in respect of streetscape as a result of excessive dominance of garage structures and driveway surfaces.

 

The development is not considered to result in detrimental social or economic impacts on the locality considering the residential nature of the existing and proposed land use.

Section 79C(1)(c) – The suitability of the site for the development

 

The site is considered suitable for the development of an attached dual occupancy.

 

Section 79C(1)(d) – Any submissions made in accordance with the EP&A Act or EP&A Regulation

No submissions have been received in respect of the application.

 

Section 79C(1)(e) – The public interest

The proposal is considered to result in adverse environmental impacts on the locality in respect of the streetscape. Therefore, the development is not considered to be within public interest.

 

10. Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

It is considered that the proposal fails to achieve excellence in urban design by excessively dominating the streetscape with car parking structures and driveways. 

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

The proposal fails to comply with the relevant objectives of the RLEP 1998 and Part 4.7 of Development Control Plan – Dwelling Houses and Attached Dual Occupancies in respect of the excessive dominance of car parking structures and driveways on the appearance of the dwelling and the streetscape.

 

As such the proposal is considered unacceptable and the development application recommended for refusal.

 

Recommendation

 

That Council as the responsible authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/62/2008 for permission to undertake demolition of existing dwelling and the construction of an attached dual occupancy at 11 Burke Street, Chifley for the following reasons:

 

1.       The proposal fails to meet aim (g) of the Randwick Local Environmental Plan 1998 in that the proposal does not seek to promote, protect and enhance the environmental qualities of the City.

 

2.       The proposal fails to comply with clause 10 (1) (a) of Randwick Local Environmental Plan 1998 in that the development will not maintain the character of established residential areas.

 

3.       The proposal fails to comply with clause 4.7.1 of Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies in that on-site car parking and driveways are visually obtrusive and detract from the appearance of the dwelling and the streetscape.

 

4.       The proposal fails to comply with clause 4.7.2, Preferred Solution S2 of Council’s Development Control Plan – Dwelling Houses and Attached Dual Occupancies in that the driveways and car parking structures occupy more than 35% of the width of the site.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 May 2008

 

 

 

Director City Planning Report No. CP16/08

 

 

Subject:                  91 Paine Street, Maroubra

Folder No:                   DA/1/2008

Author:                   Roger Quinton, Coordinator Development Assessment     

 

Proposal:                     Conversion of existing dwelling house into childcare centre for 36 children with associated building works

 

Ward:                      Central Ward

 

Applicant:                Victor Berk of Design 23 P/L

 

Owner:                         Paul Baker

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

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

 

The development proposes the conversion of the existing dwelling house on the site into a childcare centre catering for 36 children with associated building works. There would be four full-time staff at the centre with a cook present on site for approximately two hours in the middle of each day. Two on-site car parking spaces are to be provided.

 

A number of issues have been raised by neighbouring residents, particularly in regard to traffic and parking impacts.  Council’s Manager Integrated Transport is of the view that any shortfall in on-site parking provision can be adequately accommodated on the public road.

 

The proposal generally meets the requirements of Council’s Child Care Centres Policy and potential impacts are considered to be minor or able to be mitigated by way of proposed conditions of consent.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application involves the conversion of the existing dwelling into a childcare centre catering for 36 children between the ages of 2 to 5 years (20 x 2-3 year olds and 16 x 3-5 year olds). The proposed hours of operation of the centre are 8.30 am to 5 pm weekdays. The centre is to be closed at weekends, public holidays and also for a 4 week period at Christmas. There are to be 4 fulltime staff members with a cook present for approximately two hours in the middle of each day.

 

Proposed work to the building involves the following:

·      Conversion of the living and bedroom accommodation into two playroom areas, an office and staff room with a toilet facility;

·      Rooms on the eastern side of the building are to be converted to accommodate two separate bathrooms and a kitchen and laundry;

·      The existing sun room at the front of the dwelling facing Paine Street is to be demolished and a new play room constructed;

·      A timber deck with a pergola over is to be constructed on the western side of the building;

·      The existing garage to the rear of the dwelling is to be removed, as is concrete paving to the rear of the dwelling.

 

Two hardstand car park spaces for staff car parking are to be constructed to the front of the dwelling with access from Paine Street.

 

A 2.2m high acoustic fence is to be constructed on the boundary with No. 89 Paine Street.

 

Outdoor activities are to be restricted to a maximum of 22 children at one time for a period of 1 hour 30 minutes per day per group. The “active” play area is to be located to the rear of the building, with a “passive” area to be located on the western side of the building for story telling.

 

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south-western corner of Walsh Avenue and Paine Street in Maroubra. The site has an area of 537.9m2 and is generally rectangular in shape with the Paine Street frontage being 14.325m, the rear boundary being 15.95m and side boundaries of 37.14m and 37.010m.

 

The property abuts Nagle Park to the rear and a stormwater canal is located between the site and Walsh Avenue.

 

South Sydney Boys High School is located opposite the site on Walsh Avenue. The surrounding area is otherwise residential in character and consists predominantly of single and two storey dwellings.

 

Figure 1 is an aerial view of the subject site and surrounding area.

 

Figure1: The subject site and surrounding area

 

4.    Site History

 

There is no history relevant to the application.

 

5.    Community Consultation

 

The proposal was initially notified and advertised in accordance with the DCP – Public Notification for a two week period until 6 February 2008. An additional parking and traffic study was notified by way of letter for a two week period until 26 March 2008.

 

5.1 Objections

18 submissions and five petitions objecting to the proposal were received by Council.

Issues raised in the objections are summarised below:

 

Issue

Comment

Increase in traffic and consequent hazards

No objection has been raised by Council’s Manager Integrated Transport in respect of the increase in vehicle movements generated by the proposal. It is considered that the increase in traffic generated can be accommodated by the road system and will not adversely impact on the environmental traffic capacity of the locality.

Inadequate parking and the impact of this on the surrounding area

The RTA guideline recommends 8 spaces for a facility of this size. The Manager Integrated Transport has no objection to the accommodation of this shortfall upon the public roads in this location, as detailed in section 6.1 of this report.  

It will be too late to mitigate impacts on traffic/parking once development approved

Traffic generated by the facility will be required to comply with the applicable road rules.

Number of proposed employees not adequate to meet DOCS requirements. A cook and supervisor are required.

The proposal details 4 staff for 36 children, which given the ages of the children gives a requirement for 4.1 staff. This is adequate to meet DOCS requirements. A cook would be present on site for approximately 2 hours per day in the middle of the day.  

No notification notice placed on the site; some neighbours not notified.

A sign was placed on the site for the initial notification. It is not a requirement that the sign stays in place until the application is determined. Council’s records indicate that neighbours were notified by letter in accordance with the requirements of the DCP – Public Notification of Development Proposals and Council Plans. The additional parking study was also made available for public viewing by way of letter to surrounding neighbours.

Safety concerns regarding proximity of stormwater drain.

The site is to be adequately fenced to stop children straying – as is required of all such facilities. The proposal is considered to be acceptable in this regard.

On-site parking spaces cover too much of the width of the site.

The DCP – Dwelling Houses and Attached Dual Occupancies limits driveways and car parking spaces to a maximum of 35% of the width of the site. This DCP applies to residential development only and is not applicable to this proposal. The development is however, considered to be acceptable in this regard as detailed in section 9 of this report.

Noise impacts will be unacceptable

The proposal includes a 2.2m high acoustic rated fence on the common boundary with No. 89 Paine Street. Potential noise impacts have been assessed by Council’s Environmental Health officer and are considered to be satisfactory, as detailed in Section 6 of this report. In addition, appropriate conditions have been detailed in the recommendation to regulate noise emissions. 

Does not comply with Council’s Child Care Centres Policy (particularly noise/orientation)

The proposal has been assessed against the policy in section 8 of this report and is considered to be satisfactory.

 

Conflict of use with football training in Nagle Park

The proposed hours of operation of the centre and the use of the park for training purposes are such that there should be little conflict between the activities. In any case, the Manager Integrated Transport is of the view that there is adequate on-street parking available in this location.

 

 

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  Manager Integrated Transport

 

Traffic Generation – Traffic Volume Changes

It is noted that, according to RTA Guidelines, the traffic generated by this development would be in the order of 29 trips in the AM peak period and 26 trips in the PM peak period.  It is likely that this increase in traffic volume will not be noticeable to most observers.  It is considered that the road system can accommodate such an increase in traffic volume.

 

Parking Requirements

Parking Spaces

Council’s Development Control Plan (DCP) requires parking at a rate of “1 space per 2 staff members in attendance, plus adequate space for drop off/pick up of children”. As it is proposed to have 4 staff members at this centre the provision of 2 off-street parking spaces is required.  This requirement has been met.

 

The RTA recommends a rate of “1 space for every 4 children in attendance.  As it is proposed to have 36 children at the centre, the RTA suggests that 9 off-street parking spaces should be provided. The subject proposal provides 2 car parking spaces – a shortfall, from the RTA requirement, of 7 spaces.

 

It is noted that the RTA’s guidelines state:

 

“Consideration could be given to reducing the parking required if convenient and safe on-street parking is available (e.g. indented parking bays), provided that the use of such parking does not adversely affect the amenity of the adjacent area.”

 

Numerous site visits have been undertaken since receipt of the application.  The comments by the applicant’s Traffic Consultant, regarding the availability of parking in the area, has been confirmed from these site visits.  It is considered that the shortfall of parking on-site can be accommodated upon the public road at this location.  This is particularly so due to the long frontage of the site to Walsh Avenue.

 

It is suggested that any signage required at the intersection to instil parking discipline amongst parents and carers, and to maintain sightlines should be funded by the applicant.  The decision on any such signage would be a matter for consideration by Randwick Traffic Committee.

 

Servicing of Site

It is noted that all servicing of the site is proposed to be undertaken from the street.  Given the size of the proposed Childcare Centre, and the relatively minor delivery task, there are no objections to this arrangement.

 

SUMMARY

 

1.  The traffic likely to be generated by this development can be accommodated by the road system

 

2.  The on-site parking meets Council’s requirements under the relevant Development Control Plan.

 

3.  The ‘shortfall’ of parking, according to the relevant RTA Guidelines, can be accommodated by vehicles parking upon the public road.

 

4.  Any signage required at the intersection to instil parking discipline amongst parents and carers and to maintain sightlines should be funded by the applicant.  The decision on any such signage would be a matter for consideration by Randwick Traffic Committee.

 

5.  Servicing of the site from the public road is acceptable given the size of this application. 

 

6.2    Environmental Health

 

Key Issues

 

Food safety requirement

The applicant has nominated to prepare food for the children on site, as a result the layout and construction of the proposed kitchen is to be in compliance with the Food Act 2003, Food Regulation 2004, Australia & New Zealand Food Standards Code and Australian Standard AS 4674-2004, Design, construction and fit-out of food premises.

 

All relevant conditions have been recommended below. 

 

Noise

An acoustic report has been submitted with the development application titled Proposed Childcare Centre, 91 Paine Street, Maroubra – Noise Impact Assessment by Renzo Tonin & Associates reference: TD859-01F03(REV 1) NSE REP dated 8 January 2008. 

 

The consultant has advised that noise treatments are required to reduce the noise levels from the children playing outdoors at the childcare centre to residences east of the site. The recommended noise mitigation methods form part of this development consent. Furthermore a combined validation report and acoustic report shall be submitted one month after issuing of occupation certificate. Any recommendations made on this future report are too approved by Council via appropriate approval prior to incorporation.

 

Proposed conditions of approval have been provided and are included in the draft recommendation.

 

6.3      Development Engineers

 

Landscape Comments

While there is no significant vegetation within the front yard, the plans indicate that new landscape treatment will be provided in order to improve the visual amenity of the site and proposal, and as such, conditions specifying the level of detail required to deliver on this initiative have been included.

 

In the rear yard, about halfway across the rear (western) edge of the existing dwelling, there is one tree which has been so heavily pruned in the past that is almost unrecognisable due to the resulting sucker growth and poor form/habit.

 

As it would not be physically possible to retain this tree and proceed with construction of the rear addition as proposed, removal is supported, and is provided on the basis that appropriately selected and located replacement trees to assist in the provision of shade to this area of outdoor space will be provided in its place.

 

Towards the southeast corner of the site, along the southern boundary, there is one small Mangifera indica (Mango Tree) of about 3 metres in height which is insignificant, and too small to be covered by the provision of Council’s Tree Preservation Order (TPO).

 

This tree could be removed by the applicant at any time, without the need to obtain formal consent from Council, irrespective of this application, with conditions relating to it therefore not required.

 

There is one 8 metre tall Eucalyptus mannifera (Brittle Gum) of approximately 8 metres in height beyond the southwest corner of the site, within the rear yard of the adjoining property to the north, 89 Paine Street, close to the common boundary, which despite its southern aspect overhanging into the subject site, should remain unaffected by this application given a complete absence of any major works in this area of the subject site, combined with the height of its canopy above ground level.

 

Therefore, conditions relating to its preservation are not required, with the same situation applying to the variety of Gum Trees located beyond the rear (western) boundary, within Council’s Nagle Park reserve.

 

7.    MASTER PLANNING REQUIREMENTS

 

Not relevant to this application.

 

8.    RELEVANT ENVIRONMENTAL PLANNING INSTRUMENTS

 

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

 

-  Environmental Planning and Assessment Act 1979 as amended

-  Development Control Plan – Parking

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

-  Randwick City section 94A Development Contributions Plan

-  Randwick City Council Child Care Centres Policy

-  Building Code of Australia

 

(a)    Randwick Local Environmental Plan 1998

 

The site is zoned Residential 2(a) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause No.

Requirement

Provided

Compliance

31 –Landscaped area

40%

58%

Complies

32- Floor space ratios

0.5:1

0.38:1

Complies

33 – Building heights

9.5m maximum building height

5.7m

Complies

 

8.1 Policy Controls

 

a.    Development Control Plan - Parking

 

The DCP – Parking has the following requirements for the site:

 

Use

Parking rate

Requirement

Proposed

Child care centre

1 space for every 2 staff members in attendance plus adequate space for drop off/pick up of children

2 on-site parking spaces plus adequate and safe pick-up & drop-off space.

2 on-site parking spaces. See paragraph 9.2 below

 

8.2 Council Policies

 

a.      Randwick Council Child Care Centres Policy

 

The Child Care Centres policy aims at providing guidance for applicants and residents in respect to the location, siting and general planning considerations that are taken into account when assessing an application for the establishment of a child care centre within the City of Randwick.

 

The main aims of the policy are:

·      To guide the location and design of child care centres in order to minimise environmental and social impacts;

·      To encourage centres with high levels of safety, security, environmental health and amenity and ,

·      To provide a clear and concise document to guide applicants and the community on childcare provision.

 

The table below outlines the requirements of the policy and provides comment on the proposed centre.


 

Submission Requirements

Comment

A signed statement or checklist to Council verifying compliance with DOCS’ requirements.

The proposal was accompanied by a statement of compliance. Complies.

Proposals for child care centres must comply with the Building Code of Australia requirements for Class 9b buildings.

 

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

The following documents must accompany a DA; A statement of environmental effects, Statement of compliance with DOCS requirements Traffic and parking study Acoustic report and Child care centre plan of management.

The proposal was accompanied by the necessary documentation. The specialist’s reports for noise and traffic were reviewed by Council’s Technical Officers. Complies.

Preferred Locations

Comment

Co-located with schools, churches and other community facilities;

The subject site is located diagonally opposite South Sydney Boys High School. Complies.

Within or close to commercial / town centres / major employers, for example, hospitals;

The site is close proximity to the Maroubra Junction shopping centre. Complies.

Purpose-built buildings;

The child care-centre involves conversion of a dwelling. The nature of the proposed work is such that the building will be suitable for the proposed use. Complies.

Large corner sites;

The site is a corner site of 537.9 sqm. Complies.

Near public transport;

The site is within of Maroubra Road  and Anzac Parade which are well serviced by bus routes.Complies

In/adjacent to open space where parking facilities already provided;

The site is adjacent to Nagle Park, although parking is not provided on the park. Does not comply.

Within detached buildings on large, accessible sites, rather than semidetached dwellings, dual occupancies or residential flat buildings.

The proposal is for development of a detached building. Complies

Undesirable locations

Comment

On narrow or one way roads or cul de sacs;

Neither Paine Street or Walsh Avenue are one way, cul de sac or overly narrow.  Complies.

Near electromagnetic radiation (for example, mobile phone towers);

There are no EMR transmitters in the vicinity. Complies.

Near LPG tanks;

There are no LPG tanks in the vicinity.  Complies.

Where there are unsatisfactory on-street parking/traffic conditions or restrictions (for example, on bus stops, no standing areas, unsafe traffic volumes or with poor sight distances);

The proposal is considered satisfactory in this regard. Complies.

Steep sites due to access and safety issues.

The site is not steep and does not have access and safety issues. Complies.

Space requirement s

Comment

Indoor space 0-6 years old 3.25m2 per licensed child space of unencumbered space

3.44m2 per child provided. Complies.

Outdoor space 0-6 years old 7m2 per licensed child space of useable outdoor space

7.25m2 per child provided. Complies.

Requirements for reduced on-site parking

Comment

In proximity to public transport;

The site is within walking distance of Maroubra Road and Anzac Parade which are well serviced by bus routes. Complies

In proximity to or, co-located with other trip generators, for example, shops, neighbourhood centres, schools, car parks or, other places likely to otherwise generate extra trips.

The site is diagonally opposite the South Sydney Boys High School and in close proximity to the Maroubra Junction shopping centre. Complies.

Where there is adequate on-street parking.

As detailed in this report, it is considered that there is adequate on-street car parking. Complies.

Preferred parking arrangements

Comment

Stack parking will be considered for a maximum of two spaces;

Stacked parking is not proposed. Complies.

If inadequate on-street parking, adequate on-site space for set down and pick up of children;

The on-site parking provided generally meets DCP requirements.

Complies.

If on-site set down provided, entry and exit to be separated and safe pedestrian access;

Not applicable.

Vehicles to be driven in forward direction onto and off the site;

Vehicles will have to reverse manoeuvre off the site, although this is considered acceptable as detailed in this report. Does not comply.

Street immediately in front of child care centre may be used for up to 10minute parking for 2 hours during a.m. and p.m. weekday peaks;

It is not proposed to limit parking in front of the dwelling in this regard. 

Minimum 1 metre landscaped strip on front boundary if on-site parking/drive-through

provided;

It is not possible to landscape the area in front of the on-site car park spaces given their location adjacent to the front boundary of the site. Does not comply.

Driveway minimum 1 metre setback from side boundaries;

The vehicle access is not located 1m from the side boundary, however given the location of the site on a corner and adjacent to a grassed area the application is considered to be acceptable in this regard. Complies.

On-site parking/drive-through not to detract from the streetscape or

footpath/pedestrian safety;

As above, given the location of the site and the location of the spaces within the site, the proposal is considered to be acceptable in terms of impact upon the streetscape. Council’s Manager of Integrated Transport has assessed the proposal as being adequate in terms of vehicular and pedestrian safety. Complies.

Adequate sight distances and traffic calming measures to ensure pedestrian safety.

As above, the application has been assessed as being acceptable in this regard, see details within this report. Complies.

Driveway footpath crossing maximum 9m from intersection (for corner sites).

The proposed access is approximately 8.5m from the intersection, however Council’s Manager Integrated Transport has assessed the application as being acceptable. Does not comply.

Built Form and Scale

Comment

Integrate with the character of the existing streetscape and built form, for example, the design of proposals located in residential areas should be consistent with the prevailing streetscape and built form.

The proposal involves conversion of an existing dwelling in to a childcare facility. The bulk and scale of the development will integrate with the area and the proposed works to the front of the dwelling respect the front setback of adjacent development . Complies.

Generally be ground floor accommodation only, especially for 0-2 year olds.

Not applicable as there will be no children in this age group.

Amenity and Privacy

Comment

Orientation of the building should preserve the visual and acoustic amenity and privacy of adjacent properties;

 

Visual and Acoustic privacy are addressed under Section 9.1 of this report and found to be satisfactory. Complies.

The location of open spaces, playground areas and balconies / terraces accessible by children should be designed to minimise direct views to, or from adjacent properties;

 

The out-door play areas are entirely at ground level, the location of the site on a corner and the provision of fencing ensure that there are no adverse impacts in this regard. Complies.

Outdoor Spaces

Comment

Locate, where practicable, to the north or north eastern side of the building;

The outdoor play areas are located to the north-west of the building. Complies.

Locate away from the main entrance, car parking area or vehicle circulation areas;

The outdoor play areas are physically separated from both the entrance and the car park area. Complies.

Provide adequate separation from the living/bedroom windows of surrounding dwellings in residential locations;

Separation from outdoor play areas is provided by acoustic fencing. Complies.

Design and layout should maximise clear sight lines to the main indoor play areas of the child care centre;

There are clear sight lines from indoor spaces to outdoor spaces. Complies

Easily accessible from main indoor spaces;

Outdoor spaces are directly connected to indoor spaces. Complies

At least one half to be unencumbered and available for vigorous play; and include a variety of surfaces, for example, grass, sand, hard paving and mounding; and

The active outdoor play area is of adequate size and is to be covered with turf and “softfall”. Complies.

Adequate storage area for garbage and recycling bins.

A dedicated bin storage area is provided. Complies.

Landscaped areas

Comment

Provide adequate shading and landscaping in a combination of artificial and natural forms, for example, shade sails and native vegetation.

A “shade net” is to be provided over the active outdoor play area. Complies.

Indoor spaces

Comment

Recommended north-north east aspect;

The indoor spaces will enjoy good solar access. Complies

Provide play areas adjacent to outdoor play areas to facilitate easy supervision;

There are clear sight lines from indoor spaces to outdoor spaces. Complies

Toilets should be easily accessible from play rooms and adjacent to outdoor play areas; and

Toilets are accessible directly from play rooms, and outdoor play areas. Complies.

Provide good ventilation.

Indoor spaces provide good natural cross ventilation. Complies

 

The non-compliances with the policy are relatively minor. The site is considered to be a “preferred location” in terms of the locational criteria specified in the policy and any impacts are either minor or can be mitigated by way of proposed condition of consent.

 

8.3.2 Rainwater Tank Policy

 

A rainwater tank of adequate size has been provided and the application is satisfactory in this respect.

 

8.3.3 Asbestos Policy

 

Appropriate conditions would be included in any consent to ensure compliance with Council’s asbestos policy during construction work.

 


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      Visual and Acoustic Privacy

 

The proposed development involves the conversion of the existing single storey dwelling into a childcare centre and consequently will result in increased noise generation and impacts on the privacy of adjoining properties. An acoustic report was submitted with the application and detailed noise mitigation measures to be undertaken, in particular the construction of an acoustically treated fence on the common boundary with No. 89 Paine Street.

 

Council’s Environmental Health officer has assessed the proposal as being acceptable in this regard and has provided conditions that will limit the maximum noise able to be generated by the use of the site. These include the requirement for the submission of a validation report and a further acoustic report one month after the issue of the occupation certificate with any recommendations made on this future report to be approved by Council officers prior to incorporation. Other proposed conditions set maximum noise level, limit hours of operation and detail required acoustic treatment of the boundary fence with No. 89 Paine Street, acoustic treatment of exterior surfaces on the development site and the construction of gates at the front of the property.

 

The location of the subject property on a corner ensures that visual impacts are limited, with No. 89 Paine Street being the only potentially property being impacted in this regard. Proposed fencing between the properties will ameliorate any of these potential impacts.

 

9.2      Traffic and Parking

 

Council’s DCP - Parking  requires the provision of two (2) on site car park spaces plus adequate room for pick-up and drop-off. The proposal will have four (4) full-time staff. The proposed 2 on-site spaces therefore meets this requirement. The application was amended following submission of the DA to allow for food preparation on site. A cook will be present at the centre for approximately two hours in the middle of the day; any parking generation potential from this is considered minor.   

 

RTA Guidelines require one space per every four children in attendance. Nine (9) spaces would therefore be required under the guidelines. The guidelines also state “consideration could be given to reducing the parking required if convenient and safe on street parking is available, provided that the use of such parking does not adversely affect the amenity of the area”.

 

As previously detailed, Council’s Manager Integrated Transport has stated that the shortfall can be accommodated on the public road system at this location, particularly because of the long frontage of the site to Walsh Avenue.

 

If, following commencement of the facility, it is necessary to control parking of parents and carers to maintain sightlines, it may be necessary to install signage to control parking in the vicinity. This would require approval from the Randwick Traffic Committee.  

 

 

 

 

 

9.3      Bulk, Scale and Streetscape

 

The proposal involves ground level alterations and additions to the front and the rear of the existing dwelling, in addition to the provision of two hard stand car park spaces to the front of the building and the construction of an entry portico and fencing.

 

The scale, design and setbacks of the works at the front and rear of the building are acceptable. The alterations to the front of the building maintain the front alignment of the adjacent dwelling and are of a design which is not incompatible with the existing streetscape. The rear and side additions also maintain adequate setbacks from boundaries with the building being 0.9m from the side boundary.

 

The provision of two hardstand car park spaces to the front of the building is acceptable in this location given the proximity to a grassed area at the corner of Walsh Avenue and Paine Street, the substantial separation from No. 89 Paine Street and the positive effect of proposed landscaping, re-instatement of fencing on the front boundary and the construction of the entry portico.  

 

9.4      Operation and Management

 

The proposed childcare centre will operate 8.30 am to 5.00 pm Monday to Friday and will be shut for four weeks over the Christmas period and on public holidays. These hours are considered to be acceptable in a residential area provided other impacts of the use such as noise and traffic/parking generation are also acceptable. As detailed above, it is considered that the proposal is acceptable, subject to proposed conditions consent.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

The proposal successfully integrates proposed building works into the existing streetscape.

 

Outcome 10:      A healthy environment.

The proposal, subject to conditions, will not adversely impact on the environmental amenity of the neighbourhood.

 

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

The proposal will not adversely impact on the sustainability of adjoining properties.   

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is considered to be acceptable, in particular the potential traffic and parking impacts of the proposal, given the scale of the facility and the location of the subject property. Acoustic fencing and proposed conditions of consent will ensure any noise impacts are acceptable. In addition, the design and scale of proposed building works is compatible with existing development in the neighbourhood. Consequently, the proposal is recommended for approval.

 

 

 

 

Recommendation

 

That Council, as the consent authority, grant development consent under section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/1/2008 for permission to covert the existing dwelling house into a childcare centre for 36 children, including associated building works at 91 Paine Street, Maroubra subject to the following conditions.

 

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

 

1.     The development must be implemented substantially in accordance with the plans numbered 1-2 dated 31/12/07 and 3-4 dated 29/12/07 and received by Council on 3 January 2008, 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 on the attached :

 

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

 

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

 

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

 

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

 

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:

 

5.     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).

 

6.     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.

 

 

7.     The hours of the operation of the business are restricted to:

 

Monday – Friday:     8:30am – 5:00pm

 

8.     A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council within one month of the issue of an occupation certificate for the development, which validates the previous report titled Proposed Childcare Centre, 91 Paine Street, Maroubra – Noise Impact Assessment by Renzo Tonin & Associates reference: TD859-01F03(REV 1) NSE REP dated 8 January 2008 and which demonstrates and certifies that the cumulative noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

Any noise mitigation recommendations made in this report are to be implemented after appropriate approval by Council.

 

9.     The acoustic report submitted in support of this application, prepared by Renzo Tonin & Associates titled Proposed Childcare Centre, 91 Paine Street, Maroubra – Noise Impact Assessment reference: TD859-01F03(REV 1) NSE REP dated 8 January 2008 and the noise mitigation methods stated in this report form part of this development consent. The following noise mitigation methods apply: 

 

·           The common boundary fence between 89 and 91 Paine Street, Maroubra shall be of a minimum height of 2.2m above the ground level. The fence should run 0.9m from the exterior wall of playroom 1 to the north west boundary, the run 26.4m along the common (north west) boundary between 89 and 91 Paine Street, Maroubra.

 

The fence shall be constructed of any durable material such as masonry, steel, aluminium, fibrous-cement, timber, ).polycarbonate, with sufficient mass (min. 112kg/m

 

This fence must not have any clearance gap underneath them.

 

·        The exterior wall of the building adjacent to the outdoor courtyard area shall be acoustically lined with materials such as Tontine AcoustiSorb2 or TBL 32/50, hydrophobic mineral wood and faced with a thin gauge perforated metal of at least 25% open area.

 

The acoustic lining shall be installed at a height of 1.5m above ground level and continue to the top of the wall/s.

 

·        All hard paved areas and pathways within the children’s play area shall be covered with a rubberised backed material.

 

·        All external pedestrian gates shall be fitted with appropriate door closers to prevent the generation of impact sound.

 

Hollow steel posts to gate fitting should be filled with sand to reduce noise impact when gate in closed.

 

10.   Signs shall be erected at appropriate, prominent location to advise the following:

 

 

·        staff and parent converse at a very low volume,

·        parents not to call out to their children when delivering or collecting their children and

·        gates are not slammed

 

11.   Music shall not be played outdoors.

 

12.   The maximum number of children in the outdoor play area at any one time shall be limited to 22.

 

13.   A plan of management shall be submitted to and approved by Council’s Director City Planning prior to issue of occupation certificate, which details the measures to be implemented to:

 

·        ensure compliance with the relevant conditions of approval,

·        minimise the potential impact of the operation of the premises upon nearby residents,

·        minimise noise emissions and associated nuisances,

·        effectively manage and respond to resident complaints.

 

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:

 

14.   The use and operation of the premises shall not give rise to an environmental health nuisance to the adjoining/nearby premises or environment.

 

15.   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.

 

Civil Works Conditions

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

 

16.   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.

 

Service Authority Conditions

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

 

17.   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.

 

18.   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.

 

 

Drainage Conditions

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

 

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

 

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

 

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

 

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

 

c.     To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site.

 

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

 

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

 

21.   Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

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

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

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

 

Landscape Conditions

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

 

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

 

25.   A landscape plan prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA) shall be submitted to the satisfaction of the certifying authority, prior to the issue of a construction certificate, including the following requirements:

 

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 trees 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 suitable mixture of shrubs, accent plants and ground covers which are suitable for the intended use.

 

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

 

d.   Plant selection shall be restricted to species that require minimal watering once established or species with water needs that match rainfall and drainage conditions (of which Gardenia’s would not comply), incorporating suitably selected and located shade trees, and avoiding species known to be toxic, poisonous or to cause skin irritations or breathing difficulties.

 

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

 

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

 

27.   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.

 

28.   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.

 

29.   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.

 

30.   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.

 

31.   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.

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

·       Occupational Health and Safety Act 2000

·       Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

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

·          Australian Standard 2601 (2001) – Demolition of Structures

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

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

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

 

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

 

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

 

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

 

38.   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.

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

Fire Safety

 

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

 

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

 

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

2.     Provide illuminated exit signs to the required exit doors, in accordance with clause E4.5 & E4.7 of the BCA,

3.     Provide portable fire extinguisher/s within the kitchen, in accordance with clause E1.6 of the BCA,

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

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

 

Amenity

 

44.   Toilet facilities are to be available for patrons and staff at all times and adequate      signage is to be provided accordingly. Toilet facilities are to be maintained in a         clean and sanitary condition at all times.

 

Access and facilities for people with disabilities

 

45.   Access and toilet facilities for people with a disability are to be provided for patrons and staff, in accordance with parts D3 & F2 of the Building Code of Australia & AS1428.1 details are to be included in the construction certificate.

 

The following conditions have been applied to ensure that adequate security provisions are made for vehicular access, parking and public infrastructure:

 

46.   A Road Opening Permit must be obtained from Council's City Services Department prior to opening-up or carrying out any proposed works within the road, footpath, nature strip or other public place and all works including repairs are to be carried out to Council's satisfaction.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

 

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

 

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

 

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

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

27 May 2008

 

 

 

Director City Planning Report No. CP17/08

 

 

Subject:                  Affixing of the Council Seal - Service Agreement between Council and the Department of Community Services

Folder No:                   F2004/07715

Author:                   Shane Lowe, Coordinator Community Programs and Partnerships     

 

Introduction

 

Clause 48 of the Local Government (Meetings) Regulations 1993 requires that the Seal of the Council must not be affixed to a document unless the document relates to business of the Council and the Council has resolved (by resolution referring to the document) that the Seal be so affixed.

 

Issues

 

Council receives partial funding to a total of $76,647 toward the following positions:

       

·      Community Project Officer Youth & Families with Children

·      Community Project Officer Aged & Disability

·      Generalist Community Project Officer La Perouse & Surrounding Areas

·      Community Project & Partnerships Coordinator.

 

Council is required to affix its seal to the service agreement for the period 2008 – 2009 between Council and the Department of Community Services, for the continuation of funding received for the following Council positions under the Community Services Grants Program:

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 3:       A Vibrant and Diverse Community.

Direction 3d:      An expanded range of community services that meet                                            the community’s needs.

Direction 3e:      Strong partnerships between Council, community                                                 groups, and government agencies.

Outcome 4:       An informed and engaged community.

 

Financial impact statement