Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 13 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

13 May 2008

 

 

 

 

6 May 2008

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 13 May 2008 at 6:30 p.m.

 

 

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

 

Quorum:                           Eight (8) members.

 

NOTE:    At the Extraordinary Meeting held on 28 September 2004, the Council resolved that the Planning Committee whose membership consists of all members of the Council be constituted as a committee with full delegation to determine matters on the agenda.

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 April 2008

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D18/08      22-24A Melrose Parade, Clovelly

D19/08      57 Burnie Street, Clovelly

D20/08      2-4 Strachan Street, Kingsford

D21/08      214 Gardeners Road, Kingsford

D22/08      238 Beauchamp Road, Matraville

D23/08      44 Hooper Street, Randwick

D24/08      3 Stark Street, Coogee

D25/08      9 Castle Street, Randwick

D26/08      133 - 135 Carrington Road, Coogee

 

Miscellaneous Reports

Nil   

Closed Session

Nil

Notices of Rescission Motions

Nil

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

13 May 2008

 

 

 

Development Application Report No. D18/08

 

 

Subject:                  22-24A Melrose Parade, Clovelly

Folder No:                   DA/1185/2002/C

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 application to modify Development Consent No. 1185/2002 to increase the size of the bedroom and living room windows to dwelling No. 5 and extend the upper level roof overhang.

 

Ward:                      North Ward

 

Applicant:                SJB Planning

 

Owner:                         D & Z Kikiras

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Andrews, Tracey and Sullivan.

 

The application seeks consent to modify the approved development to increase the size of the bedroom and living room windows to dwelling No.5 and extend the upper level roof overhang.

 

The main issue is the potential for additional loss of amenity to the adjoining properties.

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposed modifications seeks consent to modify the window openings in the eastern elevation of the building within the upper two levels by increasing the size of the bedroom and living room windows to dwelling No.5 and extend the upper level roof overhang by 800mm to the balcony beneath. The works have already been carried out, although the actual windows have not been installed the openings are at the sought dimension, and the applicant is seeking retrospective approval of the roof overhang and approval to install the windows.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Melrose Parade and consists of a single site having a frontage of 13.105m to Melrose Parade and a side boundary depth of up to 54.05, and total site area of 685m², the site falls from the front to rear with a difference in level of up to 6m.

 

The locality is residential in nature and contains predominantly three and four level multi unit housing development with a few free standing single dwellings.

 

4.    Site History

 

The original application detailed the demolition of the existing single storey semi detached dwellings and the erection of a new three and five storey residential flat building containing 5 dwellings and basement car parking for 9 vehicles, with an in ground swimming pool. Approval was originally granted to the application on the 9 May 2003. The application has also been the subject to subsequent applications to modify the consent to redesign the basement and internal configuration of the dwellings and redesign the swimming pool, and the last modification deleted the swimming pool, reconfigured the car park layout, reduce the length of the rear balconies, reconfigure the floor plan of the dwellings to alter the number of bedrooms and alter the external colours and finishes. Conditions relating to driveway gradients and landscaping have also been amended since the application was originally approved.

 

The building is nearing completion.

 

5.    Community Consultation

 

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

 

 

 

5.1      Objections

 

          Resident of 3/26-28 Melrose Parade Clovelly

                        Issue

Comment

There are concerns that the enlarged windows will result in additional loss of privacy.

An inspection of the objector’s unit indicates that there will not be any significant additional loss of privacy as a result of the enlarged windows in that these windows are significantly higher than those within the side elevation of her unit and the line of sight would be across the level above and roof rather than downwards into either those windows or upon the rear balcony.

Due to the height of the building there is already a loss of sunlight in the afternoon and the additional roof overhang will further impact upon outlook.

The additional roof overhang will not result in any appreciable increased loss of sunlight in comparison with the approved development.

 

            Resident of 4/26-28 Melrose Parade Clovelly

                        Issue

Comment

Why weren’t these proposals included with original application and have been lodged now as they would not have been considered with the original application.

Section 96 of the Environmental Planning and Assessment Act allows for the submission of applications to modify an approved development subject to the development remaining substantially the same. Regardless of what the proposed changes may be they are considered on merit and the lodgement of modifications to the approved development does not imply they will automatically be approved.

The proposal will result in further loss of privacy and sunlight.

An inspection of the adjoining objectors premises including those most potentially affected at 3 & 8/26-28 Melrose Parade indicates that the proposed modifications will not result in any significant additional loss of privacy or sunlight. The objector’s unit is on the eastern elevation of their property and will be entirely unaffected by the development.

 

Resident of 8/26-28 Melrose Parade Clovelly

Issue

Comment

There are concerns that there may be an invasion of privacy.

An inspection of the adjoining objectors premises including those most potentially affected at 3 & 8/26-28 Melrose Parade indicates that the proposed modifications will not result in any significant additional loss of privacy.

 

          Resident of 7/20 Melrose Parade Clovelly

Issue

Comment

The work which is the subject of the application, specifically the roof overhang has already been carried out and what assurance can be given that the works are being carried out in accordance with the approved plans.

It is noted that the increased roof overhang has already been completed and a Section 96 application is an opportunity to consider granting retrospective approval. With respect to the monitoring of the building work it is the responsibility of the appointed Certifier in the first instance to ensure that the works are in accordance with the development consent.

 

6.    Section 96 Assessment

 

Under the provisions of Section 96 of the Environmental Planning and Assessment Act, 1979, as amended, Council may only agree to a modification of an existing Development Consent if the development remains substantially the same development.

 

The proposed modifications to the approved development do not alter the overall nature of the approved development and result in a development substantially that is the same.

 

7.    Relevant Environmental Planning Instruments

 

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

 

8.    Environmental Assessment

 

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

 

8.1      Development Control Plan – Multi-Unit Housing

The DCP for Multi-Unit Housing 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. 

 

 

Performance Requirement

 

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The enlarged windows are separated from the building to the east by 7.5m to 8.5m and are aligned at a higher level, thereby reducing the potential for cross-viewing to an acceptable level.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

 

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

Complies

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

Complies.

The proposal will have minimal additional overshadowing as the roof extension is only 800mm and the site has a north-south orientation.

 

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

Complies

 

9.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:   Excellence in urban design and development.

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

 

10. Financial Impact Statement

 

There is no direct financial impact for this matter.

 

11. Conclusion

 

The application to modify the consent will not result in any significant additional impacts upon the amenity of the adjoining properties.

 

Recommendation

 

That Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/1185/2002/C for permission to modify the approved development to enlarge the window openings in the eastern elevation to dwellings 4 & 5, and extent the roof overhang to the rear balcony by 800mm at 22-24A Melrose Parade, Clovelly in the following manner:

 

Amend Condition 1 to read:

1      The development must be implemented substantially in accordance with the plans drawn by Bergstrom Architects and numbered Revision F of DA01, Revision H of DA02, Revision D of DA03, DA04, DA05, Revision C of DA06, stamped received by Council on 26 March 2003 and Landscape Plans drawn by Sidonie Carpenter Landscape Design, numbered 1/12, 2/12, 4/12, dated December 2002 and stamped received by Council on 17 December 2002, the application form and on any supporting information received with the application, as amended by the Section 96 plans drawn by Alfred Jury, and numbered project number 22MEL-03, drawing numbers 1/4A through to 4/4A dated October 03 and received by Council on 20 January 2003, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, as amended by the Section 96 plans drawn by SJB Architects numbered Revision 01A of  Job No. 4373 and drawing numbers A-202 to A-203 and A-0501, A-0601, A-602 and the sample board prepared by SJB Architects dated May 2006 and accompanying photomontages, prepared by SJB Architects, drawing numbers E01 and E02 dated 09.05.06, all stamped received by Council on 11 May 2006 and the plan drawn by SJB Architects numbered Revision 01B of Job No. 4373 of drawing number A201 stamped received by Council on 23 May 2006, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, as amended by the Section 96 plans drawn by SJB Architects, and numbered A-0204 Revision 07, A-0205 Revision 8, A-0206 Revision 5, A-0501 Revision 8 and A-0601 Revision 07 all dated 7 November 2007 and Job No. 4373 and received by Council on the 29 October 2007, only in so far as they relate to the modifications highlighted in the Section 96 plans and detailed in the Section 96 application except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

13 May 2008

 

 

 

Development Application Report No. D19/08

 

 

Subject:                  57 Burnie Street, Clovelly

Folder No:                   DA/1053/2007

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations to existing residential flat building and conversion to an attached dual occupancy, addition of second floor, garage and hard stand car space for each dwelling and Torrens title subdivision

 

Ward:                      North Ward

 

Applicant:                R J Gadd

 

Owner:                         R J Gadd & C Elliott

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

 

 

 

 

 

1.    Executive Summary

 

The subject application is for the conversion of an existing multi-unit housing building containing 4 residential apartments into an attached dual occupancy; alterations and additions to the existing building; construction of a new second floor level, garages and hard-stand parking spaces; landscape works; and Torrens Title subdivision into two (2) allotments.

 

The application has been notified to the adjoining and nearby properties in accordance with Development Control Plan (DCP)–Public Notification of Development Proposals and Council Plans. A total of one (1) submission was received at the conclusion of the public consultation process. The submission raised issues relating to building bulk, overshadowing, loss of privacy, health and stability of the existing Moreton Bay Fig located at the rear of the subject site, and possible presence of asbestos in the building in question. The issues raised have been fully addressed within the body of this report. The proposal is considered to be satisfactory and will not result in any unreasonable impacts on the adjoining properties and the locality as a whole based on the following reasons:

 

·      The proposed built form is adequately articulated with staggering wall planes, varying setbacks and a combination of materials and finishes, which will minimize the visual scale and bulk of the building.

 

·      The proposal achieves full compliance with the solar access requirements of the DCP – Dwelling Houses and Attached Dual Occupancies. In addition, the principal living and dining areas and all north-facing windows of the objector’s property will not be affected.

 

·      The proposed rear balconies have been appropriately setback and dimensioned, and will not result in unacceptable privacy impacts on the adjoining neighbours. A specific condition has also been recommended to require appropriate privacy screens to be installed along the side elevations of the balconies to minimize any potential overlooking.

 

·      Specific conditions have been included in the Recommendation section of this report to require appropriate tree protection measures to be implemented during works on the site, as well as compliance with relevant asbestos management guidelines during construction.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan (RLEP) 1998. The proposed development is permissible with Council’s consent.

 

The proposal seeks to vary the following development standards contained within RLEP 1998:

 

·      Clause 30(1): 450m2 minimum allotment area and 12m minimum site frontage resulting from subdivision

 

·      Clause 30(3): 900m2 minimum site area to subdivide an attached dual occupancy

 

·      Clause 32(1): 0.5:1 maximum floor space ratio standard

 

·      Clause 33(1) & (3): 9.5m building height and 7m external wall height.

 

An Objection pursuant to State Environmental Planning Policy (SEPP) No. 1–Development Standards has been submitted with the application, which justifies that strict compliance with the aforementioned development standards is unreasonable and unnecessary. The reasons outlined in the SEPP No. 1 Objection include:

 

·      The configuration and width of the proposed allotments are consistent with the existing subdivision pattern in the locality.

 

·      The proposed alterations and additions to the existing building will generate a development footprint that is commensurate with the prevailing scale of the adjoining buildings.

 

·      The proposed built form has incorporated staggering wall planes on the side elevations. In addition, the proposed second floor level will step in from the wall alignments below, which will create a smaller floor plate for the additional storey. The above design measures will minimise the visual scale and bulk of the building. Overall, the architectural character and form of the proposal are considered to carry high design merits and should be supported.

 

·      The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

The DCP – Dwelling Houses and Attached Dual Occupancies and DCP–Parking are applicable to the proposal. The proposed development is considered to satisfy the relevant provisions of the above DCP’s.

 

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Therefore, the development is considered to be within public interest.

 

2.      The Subject Site and Surrounding Area

 

2.1    Site characteristics

The subject site is described as Lot 2 in DP 668850, No. 57 Burnie Street, Clovelly. The site is located on the northern side of Burnie Street, between Keith Street and Clifton Road. The dimension and area of the site are summarised in the table below:

 

Boundary

Length

Land Area

Northern rear boundary

12.865m

 

Southern street boundary

13.78m

 

Eastern side boundary

55.905m

 

Western side boundary

53.88m

 

 

 

718.5m2

 

The site slopes from Burnie Street to the rear with a cross fall of 4.74m from the south-western (RL 24.35m) to the north-eastern corners (RL 19.61m).

 

2.2    Existing development

At present, the site is occupied by a double-storey residential flat building, which contains four (4) x two-bedroom apartment units and is of brick and tiled roof construction. There is a timber deck at both ground and first floor levels to the rear of the building. The existing building has a ridge height of RL 32.12m. No off-street car parking is currently provided on site. A mature Morton Bay Fig (Ficus macrophylla) is located at the centre of the rear courtyard area. An African Olive tree is planted in the front setback of the site.

 


2.3    Surrounding development

Immediately adjoining the site to the east is a part two- (2-) and part three- (3-) storey residential flat building of brick and tiled roof construction, known as No. 59 Burnie Street. The building has a ridge height of RL 32.09m.

 

Immediately adjoining the site to the west is a part one- (1-) and part two- (2-) storey semi-detached dwelling house, known as No. 55 Burnie Street. The dwelling has a ridge height of RL 30.77m. There is a first floor timber deck located at the rear of the building.

 

Immediately adjoining the site to the north is a pair of single-storey semi-detached dwellings, known as Nos. 9 and 11 Allan Avenue.

 

To the south of the site on the opposite side of Burnie Street are a number of residential flat buildings of brick and tiled roof construction, including No. 298 Clovelly Road (“Warrah Flats”, c 1920), which is listed as a heritage item under Randwick Local Environmental Plan 1998.

 

The surrounding development along Clovelly Road and Burnie Street is predominantly characterised by residential flat buildings interspersed with semi-detached dwelling houses. Further to the west on Burnie Street is a local neighbourhood shopping precinct with a variety of small-scale commercial premises.

 

Photos 1-4 show the existing development on the subject and adjoining sites.

3.      Site History

 

There are no recent development approvals relating to the site.

4.      The Proposal

 

The subject application seeks approval for the conversion of the existing residential flat building of four (4) apartment units into an attached dual occupancy, alterations and additions and Torrens Title subdivision. The proposal includes the following components:

 

Building

 

·      Partial demolition of the existing building structures.

 

·      Alterations and additions to the ground and first floor levels and construction of a second floor addition. The proposed works will create the following floor space elements for each of the two dwellings:

 

Ground level

Living and dining areas, open kitchen and amenities

First level

1 x ensuite bedroom, 2 x bedrooms, amenities and rear balcony

Second level

1 x bedroom, 1 x study, amenities and rear balcony

 

·      Construction of a single garage plus a hardstand parking space with a metal framed pergola above for each of the dwellings, and two (2) 3.2m wide vehicular crossings off Burnie Street.

 

Landscaping

 

·      Construction of a timber deck in the rear courtyards accessible from the living areas of the dwellings.

 

·        Construction of an above-ground swimming pool to Dwelling 1 (eastern dwelling) along the eastern boundary of the site. The swimming pool is 19.2m (length) x 1.5m (width) in dimension, excluding coping.

 

·        Construction of an in-ground swimming pool to Dwelling 2 (western dwelling). The swimming pool is approximately 7.2m (length) x 1.5m to 2.5m (width) in dimension, excluding coping.

 

·        Removal of the existing African Olive tree, which is currently planted in the front setback area of the site.

 

·        Transplantation of two (2) x Frangipani (Plumeria rubra) from the rear courtyard to the front setback area.

 

·        Retention of the existing Morton Bay Fig (Ficus macrophylla) on the site.

 

·        General planting of a variety of ground covers and shrubs to the rear courtyard areas.

 

Subdivision

 

·        Torrens Title subdivision of the proposed dual occupancy into two (2) allotments. The resultant allotments will feature the following characteristics:

 

 

 

 

Proposed Lot 1

(eastern lot)

Proposed Lot 2

(western lot)

Allotment area

374.7m2

344.4m2

Northern rear boundary

6.8m

6.075m

Southern street boundary

6.97m

6.81m

Eastern side boundary

55.89m

54.9m

Western side boundary

54.9m

53.875m

 

Estimated total construction cost - $1,000,000 (excluding GST).

 

5.      Community Consultation

 

The subject application has been notified by letter dated 14 January 2008 to 33 adjoining and nearby properties in accordance with the provisions of Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 28 January 2008. One (1) submission was received at the conclusion of the public notification process:

 

·      Resident of 55 Burnie Street, Clovelly

 

The issues raised in the submission are addressed as follows:

Issue

Comments

The proposal is of an excessive height and building bulk.

 

Specifically, the proposal does not comply with the height, side setback and floor space ratio controls specified in Council’s planning control documents.

 

Based on the submitted survey plan, it is noted that the existing footprint of the building on site is smaller than those of the adjoining developments. The proposed alterations and additions will generate a footprint that is commensurate with the prevailing scale of the adjoining buildings.

 

The proposed built form has incorporated staggering wall planes on the side elevations. In addition, the proposed second level will step in from the wall alignments below, which will create a smaller floor plate for the new additional storey. 

 

The above design measures will minimise the visual scale and bulk of the building, despite a number of non-compliance with the controls contained in the RLEP 1998 and DCP – Dwelling Houses and Attached Dual Occupancies. These breaches against Council’s controls are addressed in the body of this report, and are considered to be acceptable.

 

Overall, the architectural character and form of the proposal are of a high quality and should be supported.

 

The proposal will result in unreasonable overshadowing on the east-facing windows of the adjoining property at No. 55 Burnie Street. The above building currently has east-facing upper ground floor windows attached to the living and dining areas, kitchen and bedrooms.

 

The proposal will significantly reduce direct and ambient daylight to the dwelling.

 

As will be discussed in the “DCP” section of this report, the proposal achieves full compliance with the solar access requirements of the DCP – Dwelling Houses and Attached Dual Occupancies.

 

It is noted that the objector raises concerns in relation to overshadowing of the eastern side windows of the property at No. 55 Burnie Street. The shadow diagrams show that there will be some additional overshadowing of these windows at 9am and mid-day. The additional shadows will cast on the bedroom, lounge and kitchen areas of the dwelling. However, the main living and dining areas located to the rear of the building will not be affected. All north-facing windows will not be affected by the proposal.

 

Given that the proposed built form is similar to the adjoining dwellings, it is considered acceptable that a degree of additional overshadowing occurs. It is unreasonable and impracticable to require developments that result in nil additional overshadowing when compliance with the solar access requirements in the DCP has been achieved.

 

The proposed first and second floor rear decks will result in loss of visual privacy to the living area and private open space of No. 55 Burnie Street.

 

The privacy issues are fully assessed under the “DCP” section of this report.

 

It is considered that the proposed rear balconies have been appropriately setback and dimensioned, and will not result in unacceptable privacy impacts on the adjoining neighbours.

 

Given the compact development pattern in the area, it is highly difficult, if not impossible, to completely avoid overlooking. A specific condition has been recommended to require the installation of appropriate privacy screens along the side elevations of the upper level rear decks. Subject to the above condition, the proposal is considered to have minimised adverse privacy impacts on the adjoining properties.

 

The health and stability of the existing Moreton Bay Fig will be significantly affected by the proposed building work, swimming pool construction and pruning. This may lead to damage to surrounding properties and human life.

 

The proposed building and landscape works have been assessed by Council’s Landscape Development Officer. No objections have been raised against the proposal, subject to a number of standard and special conditions, including conditions that relate to the protection of the existing Moreton Bay Fig.

 

The proposal involves considerable demolition work. However, no asbestos report has been submitted.

 

Specific conditions have been recommended to require asbestos survey and reporting to be undertaken prior to the commencement of works. These conditions will also specify adequate work procedures to be implemented during the construction phase if asbestos are discovered in the existing building fabric.

 

 

6.      Technical Officers Comments

 

The application has been referred to Council’s Development Engineer and Landscape Development Officer for assessment. The comments provided are extracted as follows:

 

6.1    Development Engineer

Drainage

The proposed development does not significantly alter the footprint of the existing development. The concept stormwater plan shows the site being drained by means of infiltration, such infiltration areas being located at the rear of the development site. On site stormwater detention will not be required for this development given that it is substantially alterations and additions to an existing residential flat building. Conditions for stormwater discharge have been based on the development being for two rear draining dwelling houses.

 

A flood study produced for a site at 4 Keith Street Clovelly indicates that a significant overland flow occurs along Burnie Street for major storm events. A site inspection by Council’s Drainage Assets Engineer, Drainage Investigation Engineer and Development Engineer also identified the potential for stormwater overland flow through the rear of the site, (travelling west to east), during major storm events.

 

To minimize the potential for stormwater to enter the garage areas it is recommended that either the garage floor levels be raised or the carspaces in front of the garages be suitably designed with a raised section. The applicant was advised of these concerns and submitted a detail plan on 31/3/08 (Southern Entry Driveway and Entrance Levels Drawing Number tp-10-B). This plan addresses Council’s requirements for protection of the carspaces, garages and pedestrian entry/exit points. The Assessment Planner is advised that the garage level shown on the eastern driveway section has been incorrectly shown as RL 24.35.

 

There are pools proposed for both the western and eastern units.  Council’s Drainage Assets Engineer, Drainage Investigation Engineer and Development Engineer have identified that the rear of the site is a potential overland flowpath. To minimize the potential for damage to the proposed pools and/or for the overland flowpath to be blocked it is recommended that the northern most edge of the pools be located a minimum of 4.5 metres from the rear site boundary. Conditions relating to the redesign of the pools, together with options/alternatives to a redesign, have been included within this report. The applicants were offered the option of undertaking a flood study to establish the 1 in 100 year flood level for the front and rear of the development site however they indicated their preference for Council to deal with potential flooding issues by condition.

 

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

 

Comments

No objections against the proposal are raised, subject to the recommended conditions. These conditions will be incorporated in the “Recommendation” section of this report.

 

6.2    Landscape Development Officer

 

Within Council’s Burnie Street footpath, towards the western boundary, there is one recently planted Banksia integrifolia (Coastal Banksia) which appears in good health and condition, and despite only being around 2 metres in height, has been provided as part of a strategic program along the length of this street in an attempt to improve the visual amenity of the streetscape.

 

The plans propose a vehicle access and internal covered hardstand at both the western and eastern boundaries, which would require its removal. Due to its small size, combined with the fact that a replacement could be provided centrally across the width of the site and would attain similar dimensions within a relatively short period of time, approval for its removal has been granted, but is subject to the applicant covering all relevant costs.

 

Occupying almost the entire front setback is one Olea europaea var. africanna (African Olive) of approximately 6 metres in height with a canopy spread of similar dimensions which despite softening the bulk and scale of the dwelling when viewed from the streetscape, as well as assisting with privacy and screening for occupants, is considered an environmental weed due to the ability of its berries/seeds to be spread by birds and invade areas of native bushland.

 

Given Council’s substantial efforts at bush regeneration in both nearby Gordons Bay and Clovelly Bay, no objections would be raised to its removal in order to accommodate the proposed works as shown, subject to replacement landscape treatment which will both enhance and complement the proposed works being provided in this area.

 

In the rear yard, beyond the northeast corner of the existing dwelling, there is one small Plumeria acutifolia (Frangipani) of 3m x 3m which despite being indicated for transplanting elsewhere within the site, is too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), and as such, can be removed and replaced with the landscape works as has been shown on the submitted plans, with the same applying to another tree of the same species and similar dimensions on the opposite side of the yard, near the western boundary.

 

In the adjoining property to the west, 55 Burnie Street, close to the northeast corner of this neighbouring dwelling, there is one Archontophoenix cunninghamiana (Bangalow Palm) of approximately 5 metres in height which appears in average condition, and as it will not be affected given an absence of any major works in this area of the subject site, conditions relating to it not required.

 

Still within this adjoining property (55 Burnie Street), further to the north, and close to the common boundary, there is one Melaleuca quinquinervia (Broad Leafed Paperbark) of around 10 metres in height which appears in reasonable health and condition, is a naturally occurring species in this LGA, which is a positive for the local environment as it offers a food and habitat source to native fauna, and is covered by the provisions of Council’s TPO.

 

While a substantial portion of its canopy overhangs the common boundary, the existing low brick retaining wall which addresses the minor differences in level between the sites, along the length of this common boundary, has likely acted as a physical barrier that would have prevented the growth of roots to the east, into the subject site.

 

Providing this wall is maintained, and any new fixtures such as fencing or privacy screens are attached on top of it, excavations about 1.3 metres to the east-northeast of its trunk associated with the southwest corner of the plunge pool are expected to have only a minor impact on its root system given that such an incursion will only amount to about 10-20% of its entire root plate, with relevant protection measures therefore included in this report.

 

While the application in its current form will maintain a substantial amount of open space (far exceeding Council’s minimum numerical controls), with the high quality landscape treatment proposed also to result in a drastic improvement to site amenity compared to what currently exists, a main issue which will affect any proposed works at the site is the presence of a large and mature Ficus macrophylla (Moreton Bay Fig), located centrally within the rear yard, of approximately 15 metres in height with a canopy spread also of around 15 metres, which is covered by the TPO.

 

It is clearly identifiable as a dominant site feature due to occupying the full width of the site, as well as overhanging partially into both adjoining properties to the east and west, and can be clearly seen from both the street and surrounding areas for a considerable distance, and as such, is regarded as important to the environmental amenity of the locality.

 

Despite this species naturally occurring broad and spreading habit having been altered by the removal of all lower, laterally growing branches back to the main trunk (canopy lifting), removing about 20% of its photosynthetic area in the process (presumably in order to avoid interference with neighbouring dwellings), it still appears in reasonable health and condition, and will need to be retained as part of this application due to its significance to the site, a fact which has been reflected on all submitted documentation.

 

Given that the theoretical extent of its root zone could be a 12 metre radius (with numerous major surface roots already present throughout the rear yard), this application poses several threats to its preservation, with an Arborists Report confirming that exploratory trenches identified only major root, located centrally across the width of the site, heading in a southerly direction from its base, with footings in this area for the proposed rear extension needing to be engineered in the form of a cantilevered section to ensure it remains unaffected.

 

While the proposed rear, elevated decks will maintain air and moisture exchange to the rootzone, the associated footings will involve additional, but localised excavations; however, such structures can usually be designed in such a manner so that they could be installed around any major roots which are encountered, with protection measures reflecting this requirement imposed in this report.

 

The smaller pool proposed for the northwest corner of the site is located at such a distance from this tree that it would not be impacted, but the lap pool proposed 4 metres to the east of its trunk, along the length of the eastern boundary is potentially the biggest threat as this incursion will affect about 20% of its total root plate, with conditions requiring that mitigation measures such as an above-ground installation and engineered footings be utilised in order to assist with minimising the amount of excavations performed.

 

Despite not being referred to in any of the submitted documentation, it also appears likely that further canopy alteration may be required from its southern aspect in order to both avoid damage to the tree as well as interference upon completion. As the amount required appears relatively minor, and providing it is performed in accordance with industry accepted standards and by a practicing professional, is regarded as an amount that this tree could sustain, as it is recognised as one of the more hardy, vigorous and resilient native species.

 

Lastly, the hydraulic plan indicates the installation of 100mm PVC stormwater lines, a distance of only 1.5 metres to both the east and west of its trunk, running in a northerly direction from the water tank overflow beneath the rear decks to an absorption area towards the rear of the site, which is an unsatisfactory solution given their close proximity to the trunk, with the hydraulic plan needing to be re-designed accordingly.

 

Further, it is understood that there may be drainage/stormwater/flooding issues with this site/application; and as such, the assessing officer should ensure that if any major changes are required, the Landscape/Tree section is consulted to determine the impact any such changes may have on the retention of the Fig Tree.

 

In recognition of the significance of this tree to the site and environment, the additional requirement that a site Arborist be engaged to supervise the relevant components of the works has been included, together with the need for on-going consultation with Council’s officer during the course of the works to ensure compliance with the measures that have been listed in this report.

 

Comments

No objections against the proposal are raised, subject to the recommended conditions. These conditions will be incorporated in the “Recommendation” section of this report.

 

7.      Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The subject site occupies less than 4,000m2 of land area and no master plan is required.

 

 

 

 

 

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan

 

·      Clause 10 Zone No. 2A (Residential A Zone)

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. An attached dual occupancy is a permissible use under the land use table of the clause. The proposal is considered to be consistent with the objectives of Zone No. 2A in that the development will deliver lower density residential housing, which is compatible with the predominant character of the locality.

 

·      Clause 21 Subdivision

The proposed subdivision is permissible pursuant to the provisions of Clause 21.

 

·      Clause 30 Minimum allotment sizes

Sub-clause (1) provides that the minimum size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No. 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.

 

Sub-clause (3) provides that the minimum size for an allotment that may be subdivided (whether or not by a strata plan) to create separate allotments for the dwellings comprising an attached dual occupancy within Zone No. 2A is 900 square metres.

 

The site has an area of 718.5m2 and does not comply with Clause 30(3) of the LEP. The two proposed allotments are 374.7m2 and 344.4m2 in land area, with a frontage width of 6.97m and 6.81m, and do not comply with Clause 30(1) of the LEP.

 

An objection pursuant to State Environmental Planning Policy No. 1 – Development Standards has been submitted with the application. The objection has justified that compliance with the subdivision development standards is unreasonable and unnecessary. Refer to the following section of this report for details.

 

·      Clause 31 Landscaped Area

Sub-clause (1) provides that development, other than for the purpose of a dwelling house, within Zone No. 2A must provide a minimum of 40% of the total site area as landscaped area.

 

The site has an area of 718.5m2 and a minimum landscaped area of 287.4m2 is required. The proposal provides a total landscaped area of 392m2 or 54.6% of the site area and complies with the LEP control.

 

·      Clause 32 Floor space ratios

Sub-clause (1) provides that the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1.

 

The site has an area of 718.5m2 and a maximum gross floor area (GFA) of 359.3m2 is permissible. The GFA of the existing building on site is 310.7m2. The proposed development has an FSR of 0.78:1, which equates to 563.8m2 GFA. The proposal exceeds the required FSR by 0.28:1 or 204.5m2 GFA, and does not comply with the FSR development standard.

 

An objection pursuant to SEPP No. 1 has been submitted with the application. The objection has justified that strict compliance with the FSR standard is unreasonable and unnecessary. Refer to the following section of this report for details.

 

·      Clause 33 Building heights

Sub-clauses (1) and (3) specify the maximum overall and external wall heights of 9.5m and 7.0m respectively in Residential 2A Zone. The proposed development will have varying building heights due to the terrain of the site, which are summarised as follows:

 

 

Dwelling 1 (eastern dwelling)

Dwelling 2 (western dwelling)

External wall height

Approximately 6.5m to 11m

Approximately 5.8m to 10.3m

Overall height

Approximately 9.25m to 11.25m

Approximately 10.55m

 

The proposal will result in partial non-compliance with the building height standards. An objection pursuant to SEPP No. 1 has been submitted with the application. The objection has justified that strict compliance with the building height standards is unreasonable and unnecessary. Refer to the following section of this report for details.

 

·      Clause 40 Excavation and filling of land

The proposal involves minor excavation for the foundation footings and swimming pool structures. Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds. In addition, specific conditions are recommended to require appropriate soil retention measures to be implemented during works on the site. Subject to the above conditions, the proposed excavation will not adversely impact on the stability and future use of the land.

 

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

No. 298 Clovelly Road (“Warrah Flats”, c 1920), which is located to the south of the site across Clovelly Road, is listed as a heritage item under Randwick Local Environmental Plan 1998. The Randwick Heritage Inventory Study identifies the above item as having “positive contribution to the street context”.

 

The modified façade of the building on site is appropriately articulated with a combination of materials and fenestration. The proposed design is considered to respect the ornate facade treatment of the heritage item in question.

 

Furthermore, the above item is separated from the subject site by approximately 24m at the closest point. Given that a four-lane carriageway (two parking and two trafficable lanes) separates the site from the item, the development is not considered to create any significant heritage impacts.

 

8.1A Draft Randwick Local Environmental Plan 2008

 

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The relevant provisions of the Draft LEP are addressed as follows:

 

 

 

 

Clause

Provision

Proposal

Compliance

10

Land may be subdivided only with consent

 

The application seeks approval for Torrens Title subdivision of the subject land.

 

Yes

15

Zone No. 2A Residential A Zone

Attached dual occupancy and subdivision requires consent

 

The proposed land uses are permissible with Council’s consent.

Yes

32

Minimum allotment sizes

(2) Minimum allotment size for allotments resulting from subdivision within 2A Zone: 400m2; each allotment to have a minimum frontage of 12m

 

The two proposed allotments are 374.7m2 and 344.4m2 in land area, with a frontage width of 6.97m and 6.81m.

 

The proposal does not comply with the draft numerical development standards for minimum allotment sizes. However, the extent of the non-compliance with the draft controls is less than that with the allotment size provisions currently in force.

 

No, refer to discussion in the “LEP” section of this report

33

Floor space ratios

2A Zone: Maximum 0.5:1

 

0.78:1

No, refer to discussion in the “LEP” section of this report

 

34

Building heights

(2) Maximum height for 2A Zone: 9.5m

 

(4) Maximum height for external wall for 2A Zone: 7m

 

External wall height

Dwelling 1: Approx. 6.5m to 11m

Dwelling 2: Approx. 5.8m to 10.3m

 

Overall height

Dwelling 1: Approx. 9.25m to 11.25m

Dwelling 2: Approx. 10.55m

 

No, refer to discussion in the “LEP” section of this report

 

35

Landscaped area

(2) Minimum 40% of total site area

 

54.6%

Yes

51

Excavation and filling of land requires development consent

The proposal only requires minor excavation and is considered satisfactory having regard to the provisions of Clause 51.

Yes

 

 

 

 

8.2    State Environmental Planning Policy No. 1 – Development Standards

The proposal seeks to vary development standards contained within RLEP 1998. A SEPP 1 objection has been submitted with the development application. In assessing the applicant’s SEPP 1 objection, the following matters are addressed:

 

8.2.1   Whether or not the planning control is a development standard?

The proposal seeks variation to the following controls contained in RLEP 1998:

·      Clause 30(1): 450m2 minimum allotment area and 12m minimum site frontage resulting from subdivision

·      Clause 30(3): 900m2 minimum site area to subdivide an attached dual occupancy

·      Clause 32(1): 0.5:1 maximum floor space ratio standard

·      Clause 33(1) & (3): 9.5m building height and 7m external wall height

 

The above provisions are numerical development standards contained in the statutory plan.

 

8.2.2   What are the underlying objectives or purpose of the standards?

 

·         The stated purpose of the subdivision standard as outlined in the LEP is:

      “To establish minimum requirements for the subdivision of land within residential zones in order to protect and enhance local amenity.”

 

·         The stated purpose of the FSR standard as outlined in the LEP is:

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

 

·         The stated purpose of the building height standards as outlined in the LEP is:

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

 

8.2.3   Consistency of the development with the aims of SEPP 1, the local planning objectives for the locality and objects of the Environmental Planning and Assessment Act 1979, as amended

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

The aims and objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979, are:

 

To encourage:

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

(ii) The promotion and coordination of the orderly and economic use and development of land.

 

The variations from the aforementioned controls are not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will allow lower density residential housing, which is consistent with the character of the locality.

 

8.2.4   Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

·      Allotment size and frontage width

Clause 30(1) provides that the minimum size for allotments resulting from the subdivision of land, other than for the purpose of public utility undertakings or roads, within Zone No. 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.

 

Clause 30(3) provides that the minimum size for an allotment that may be subdivided (whether or not by a strata plan) to create separate allotments for the dwellings comprising an attached dual occupancy within Zone No. 2A is 900 square metres.

 

The site has a land area of 718.5m2 and does not comply with Clause 30(3) of the LEP. The two proposed allotments are 374.7m2 and 344.4m2 in land area, with a frontage width of 6.97m and 6.81m, and do not comply with Clause 30(1) of the LEP.

 

In the circumstances of the case, compliance with the development standards listed above is considered unreasonable and unnecessary for the following reasons:

 

-       The configuration and width of the proposed allotments are consistent with the existing land parcels at Nos. 29-43 and 53-55 Burnie Street, as well as Nos. 3-11 Allan Avenue. The proposal is compatible with the existing subdivision pattern in the locality.

 

-       The area and width of the proposed allotments are sufficient to accommodate the proposed works and the outdoor open space and soft landscaping required by Council’s planning control documents.

 

-       The proposal will not result in any unreasonable impacts on the adjoining residential development in terms of overshadowing, privacy, visual bulk or view loss.

 

·      Floor Space Ratio (FSR)

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 359.3m2 gross floor area. The following is proposed:

 

 

 

Existing total gross floor area

310.7m2

Proposed total gross floor area (a)

563.8m2

Permissible gross floor area (b)

359.3m2

Excess gross floor area (a) – (b)

204.5m2

Existing floor space ratio

0.43:1

Proposed floor space ratio (c)

0.78:1

Permissible floor space ratio (d)

0.5:1

Non-compliance with floor space ratio (c) – (d)

0.28:1

 

The proposal has a floor space ratio of 0.78:1 or 563.8m2 gross floor area, and exceeds Council’s control by 0.28:1 or 204.5m2 gross floor area.

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

 

-       Based on the submitted survey plan, it is noted that the footprint of the existing building on site is smaller than those of the adjoining developments at Nos. 55 and 59 Burnie Street. The proposed alterations and additions will generate a footprint that is commensurate with the prevailing scale of the adjoining buildings.

 

-       The proposed built form has incorporated staggering wall planes on the side elevations. In addition, the proposed second level will step in from the wall alignments below, which will create a smaller floor plate for the additional storey. The above design measures will minimise the visual scale and bulk of the building, despite non-compliance with the FSR development standard. Overall, the architectural character and form of the proposal are considered to carry high design merits and should be supported.

 

-   The locality consists of a variety of built forms, ranging from single- and two-storey semi-detached dwellings to three-storey residential flat buildings. The proposal is not considered to detract from the prevailing character of the locality.

 

-   The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

·      Building heights

Clauses 33(1) and 33(3) specify the maximum overall and external wall heights of 9.5m and 7.0m respectively in Residential 2A Zone. The proposed development will have varying building heights due to the terrain of the site, which are summarised as follows:

 

 

Dwelling 1 (eastern dwelling)

Dwelling 2 (western dwelling)

External wall height

Approximately 6.5m to 11m

Approximately 5.8m to 10.3m

Overall height

Approximately 9.25m to 11.25m

Approximately 10.55m

 

In the circumstances of the case, compliance with the above development standards is considered unreasonable and unnecessary for the following reasons:

 

-   The proposed ridge height is RL 32.72m, which is only 600mm higher than the ridge height of the existing building on site (being RL 32.12m). The proposed height is also compatible with the adjoining residential flat building at No. 59 Burnie Street, which has a ridge height of RL 32.09m.

 

-   The design scheme incorporates a low profile skillion roof that minimises the overall bulk and scale of the building.

 

-   The height, bulk and scale of the proposal are compatible with the streetscape character of the locality, which consists of single- and double-storey semi-detached and three- (3-) storey residential flat developments. 

 

-   The building is appropriately modulated with staggering wall planes, blade feature walls and a combination of materials and finishes, with the new additional storey stepped in from the wall alignments below. The proposed design is not considered to result in an unacceptable visual bulk as viewed from the public or private domain.

 

-   The proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy, view loss or visual bulk and scale.

 

8.2.5   Is the objection well founded?

The submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. As such, it is considered that the objection is well founded.

 

8.3    State Environmental Planning Policy No. 10 – Retention of Low Cost Rental Accommodation

 

State Environmental Planning Policy No. 10 (SEPP 10) was originally introduced on 6 July 1984 to facilitate conservation of low cost rental accommodation. The SEPP was last amended on 28 January 2000 through Amendment No. 6.

 

Clause 6(1) of SEPP 10 states that the policy only applies to those buildings that are low rental residential buildings as at 28 January 2000, and does not apply to any buildings that become a low rental residential building after that date.

 

Pursuant to Clause 3A of the SEPP, a “low-rental residential building” is:

 

(1)    (a)    a boarding house,

        (b)    a hostel, 

        (c)    a residential flat building containing a ‘low-rental dwelling’.

 

(2)    For the purposes of subclause (1)(c), a reference to a low-rental dwelling is a reference to a dwelling that (at any time in the 24-month period prior to the lodgement of a development application to which this Policy applies) was let at a rental not exceeding the median rental level for that time:

 

(a)  specified in the Rent Report or Rent & Sales Report NSW published by the Department of Urban Affairs and Planning or the Department of Housing, or

(b)  specified in a publication issued in place of those publications by or on behalf of the Government, in relation to a dwelling of the same type, having the same number of bedrooms and located in the same local government area.

 

The subject residential flat building on site contains four (4) x two-bedroom dwellings. According to the submitted Statement of Environmental Effects, dated 3 December 2007, prepared by SPD Town Planners, the owner of the property resides in one of the apartments and the other three have been leased at $400, $400 and $430 per week for more than 24 months prior to the lodgement of the current application. The above figures have been verified with the rental receipts provided by the owner, and are confirmed to be correct.

 

For the purposes of SEPP 10, the current median rentals for two-bedroom units in the Randwick Local Government Area are $350 (year 1 – ended 30 June 2006) and $365 (year 2 – ended 30 June 2007). The units have been leased at a level above the median rental for the last 24 months. Therefore, the subject building does not contain any “low-rental dwellings” and SEPP 10 is not applicable to the proposal.

 

8.4    State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

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

·      alterations and additions valued at $50,000 or more; or

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

 

The application falls within the above category and is accompanied with BASIX Certificates numbered 169209S and 169215S. The provisions of the certificates indicate that compliance with the current targets set for energy and water conservation has been achieved by the development. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX through to the construction phase have been included in the “Recommendation” section of this report.

 

9.      Policy Controls

 

9.1      Randwick 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 (or 287.4m2) is provided as landscaped area

 

The proposal provides a total landscaped area of 392m2 or 54.6% of the entire site.

 

Dwelling 1

201m2 or 53.6% of allotment area

Dwelling 2

191m2 or 55.5% of allotment area

 

Complies.

S1

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

Dwelling 1

The rear courtyard has a total area of 170.6m2. Complies

Dwelling 2

The rear courtyard has a total area of 221.4m2. 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.

Dwelling 1

The rear courtyard has a moderate terrain and is capable of accommodating a rectangle of approximately 6.5m x 25m in dimension. Complies.

Dwelling 2

The rear courtyard has a moderate terrain and is capable of accommodating a rectangle of approximately 6m x 26m in dimension. Complies.

S1

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

The above-mentioned private open space is located in the rear portion of the site. Complies.

S6

20% of the total site area (or 143.7m2) has permeable treatment.

 

A total of 31.0% of the site area (or 222.4m2) is soft landscaped and permeable.

 

Dwelling 1

88.2m2 or 23.5% of allotment area

Dwelling 2

134.2m2 or 38.9% of allotment area

Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for floor space ratio for this site is: 0.5:1

 

 

Total 0.78:1 or 563.8m2 GFA

 

Dwelling 1

284.8m2 or 0.76:1

Dwelling 2

279.0m2 or 0.81:1

 

Does not comply. However, the proposal in its current form is considered satisfactory. Refer to the justifications provided in the “SEPP 1” section of this report.

 

 

 

 

 

 

 

 

 

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Dwelling 1

Approximately 6.5m to 11m

Dwelling 2

Approximately 5.8m to 10.3m

Does not comply. However, the proposal in its current form is considered satisfactory. Refer to the justifications provided in the “SEPP 1” section of this report.

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.

The proposal involves minor excavation for the foundation footings and swimming pool structures. Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds. In addition, specific conditions are recommended to require appropriate soil retention measures to be implemented during works on the site. Subject to the above conditions, the proposed excavation will not adversely impact on the stability and future use of the land.

S3

No excavation within 900mm of a side boundary.

Complies.

 

 

S3

No excavation within 3m of a rear boundary.

The proposed in-ground swimming pool for Dwelling 2 will require excavation at 1.5m from the rear boundary at the closest distance. However, the proposed extent of excavation is minor in nature. Specific conditions are also recommended to require appropriate soil retention measures to be implemented during works on the site. Subject to the above conditions, the proposed excavation will not adversely impact on the stability and future use of the land.

 

S4

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

The site has a north-south orientation. Not applicable.

 

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.

Dwelling 1

Ground level

Minimum 5.5m to garage

Minimum 4m to entry

Nil setback to hard-stand parking space

First level

Minimum 4.1m

Second level

Minimum 7.4m

 

Dwelling 2

Ground level

Minimum 4.8m to garage

Minimum 3.4m to entry

Nil setback to hard-stand parking space

First level

Minimum 3m

Second level

Minimum 6.2m

 

Does not comply, refer to comments below.

 

S2

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

Dwelling 1

Minimum 25.2m

Dwelling 2

Minimum 26m

Complies.

 

S3

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

Dwelling 1

Nil setback to garage

Minimum 1150mm to side wall

Dwelling 2

Nil setback to garage

Minimum 998mm to side wall

Partial non-compliance, refer to comments below.

 

S3

Side setbacks be 1.5m at second floor level.

Dwelling 1

Minimum 1019mm

Maximum 2179mm

Dwelling 2

Minimum 755mm

Maximum 1865mm

Partial non-compliance, refer to comments below.

 

S3

Side setbacks be 3.0m at third floor level.

Dwelling 1

Minimum 2279mm

Maximum 4489mm

Dwelling 2

Minimum 1887mm

Maximum 4174mm

Partial non-compliance, refer to comments below.

 

 

Front setback

The objective of front setback control is to integrate new development with the established setbacks of the street, and to ensure dwellings have adequate access to natural light and ventilation.

 

The proposal has a varied front setback due to the skewed angle of the side property boundaries in relation to the street frontage. The proposal does not comply with the preferred solution for front setback of 6m. Notwithstanding, the development in its current form is considered satisfactory based on the following reasons:

 

·      The alignment of Burnie Street is set at an angle to the land allotments. Therefore, the existing front setbacks of properties along the street are typically staggered. The front setbacks of the pair of semi-detached dwellings to the west at Nos. 53 and 55 Burnie Street are 2.6m to 4.1m and 4.1m to 5.5m respectively. The adjoining residential flat building at No. 59 Burnie Street has a staggered front setback of 4.5m to 6m. The proposed development is consistent with the predominant setback pattern along Burnie Street. 

 

·      The front setback of the existing building on site varies between 2.027m and 5.349m. The current proposal does not result in significant departure from the existing setback.

 

·      The Burnie Street elevation of the proposal is appropriately articulated with staggering wall planes across the three levels and will create visual interest to the public domain.

 

·      It is noted that a hardstand parking space will be provided within the front setback areas of both dwellings. However, the above parking spaces are only provided with a pergola structure above and are substantially open in nature. These spaces will be substantially obscured by the proposed front fencing and gates, and will not create significant adverse visual impacts on the street.

 

Side Setbacks

 

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

It is noted that the proposal will generally maintain the existing side setbacks of the front and central sections of the building. As summarised in the table above, the proposal will result in partial non-compliance with the preferred setback solutions for all three levels. Notwithstanding, the development in its current form is considered satisfactory based on the following reasons:

 


Ground level:

 

·      The proposed garages have nil setbacks from the side property boundaries. However, the garages are single-storey and have a limited length of 6.3m and 6.9m to the western and eastern boundaries respectively. Accordingly, the above structures are not considered to create significant building bulk or adverse visual impacts on the adjoining properties.

 

·      The existing building does not provide any on-site parking facilities. The current proposal seeks to satisfy Council’s policy controls on car parking provision. Therefore, the proposed breaches against the setback requirements are justified in this respect.

 

First level:

 

·      The side elevations of the building are staggered into three sections, with each wall segment not exceeding 9.5m in length. The central section of the building incorporates a greater setback than is required by the control (being 1865mm and 2179mm from the western and eastern boundaries respectively). The design of the built form is suitably articulated and will reduce the visual scale of the overall structure.

 

Second level:

 

·      The second floor level steps in further than the building footprints below. The central section of the building incorporates a greater setback than is required by the control (being 4174mm and 4489mm from the western and eastern boundaries respectively).

 

Overall, the proposal adopts a skillion roof form, which will minimise the height and associated shadow impacts of the building. The degree of setbacks from the side boundaries is sufficient to maintain natural breezes. In addition, as will be discussed in the following paragraphs, the proposal will not unreasonably overshadow the adjoining properties.

 

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal includes minimal window openings on the side elevations.

At ground level, there is a toilet window of 1.8m (height) x 0.8m (width) in dimension. A kitchen window with sill height at 0.9m above the finished floor level and a height of 0.5m is also provided. These windows are not of excessive dimensions and will not result in unacceptable overlooking.

At the first floor level, there is a clear glass window of 2m x 2m, which is attached to a void area within the dwelling. Accordingly, no significant overlooking from this window will result.

S1

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

The proposed upper level rear decks are capable of oblique overlooking into the private open space of adjoining properties. Does not comply, refer to comments below.

S1

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

Refer to comments above.

 

 

S3

Buildings comply with AS 371 and AS 2107.

The proposed works are considered to have incorporated appropriate materials to minimise adverse acoustic impacts on adjoining properties. Complies.

 

The objective of the DCP is to ensure that new buildings and additions will retain visual and acoustic privacy for the occupants and neighbours. Specifically, the performance criteria of the DCP state that overlooking of the private open space of residential development is to be minimised through appropriate location of balconies, separation, screening and landscaping.

 

First floor balconies

A 1.6m deep balcony is proposed on the rear elevation of both dwellings at first floor level. The balconies are attached to the bedrooms, which are considered to be low intensity use areas within the dwellings. The limited dimensions of the balconies will limit their use to passive recreational activities and hence will minimise potential for adverse privacy impacts. Furthermore, a specific condition is recommended to require appropriate privacy screens to be installed along the side elevations to minimise any potential overlooking.

 

Second floor balconies

A 2.7m deep balcony is proposed on the rear elevation of both dwellings at second floor level. These balconies are setback approximately 2.3m and 1.9m from the eastern and western boundaries respectively, and do not afford the opportunities to significantly overlook the windows of adjoining dwellings. Furthermore, the balconies in question are setback 2.9m behind the northern edge of the balconies on the first floor below. This arrangement will significantly limit the angle of views that can be obtained. A specific condition is recommended to require appropriate privacy screens to be installed along the side elevations to minimise any residual overlooking into the adjoining properties.

 

Therefore, the proposal is considered acceptable in this regard.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The front entry to the dwellings is directly visible from the street. Complies.

S1,3

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

Complies.

S2

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

This will be required as a condition of consent. Complies subject to condition.

 

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.

Each proposed dwelling includes 4 bedrooms and is required to provide 2 on-site parking spaces. The development provides 2 parking spaces for each dwelling and complies with Council’s control. 

S1

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

Dwelling 1

Hard-stand car space:

Approx. 3.0m (W) x 5.4m to 6.1m (L)

Garage:

Approx. 2.9m (W) x 6.6m (L)

Satisfactory

Dwelling 2

Hard-stand car space:

Approx. 2.8m (W) x 4.6m to 5.3m (L)

Garage:

Approx. 2.7m (W) x 6.0m (L)

Does not comply.

Due to the constraints of the site, it is not possible to achieve compliance with the Australian Standards for the parking facilities for Dwelling 2.

In relation to the garage, it falls short of 300m width clearance specified in AS 2890.1. However, the dimension of the garage will still allow opening of car doors with ease.

In relation to the hardstand car space, it is approximately 5m in length across the centreline of the car space, with the western half of the space having a length of less than 5m. The dimension of the bay does not comply with the “Small Parking Space” requirements of AS 2890.1. This may present slight constraints for opening of car doors or repositioning of a vehicle on site. However, the extent of non-compliance is not unacceptable, and the car space can still be utilised for the parking of a smaller vehicle, for instance, a hatch-back 4-cylinder car.

Council’s Development Engineer has assessed the parking design and raised no objections.

The proposal will assist in relieving the high demand for on-street parking spaces in the area and is considered acceptable in this instance.

S1

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

Due to the constraints of the site, it is not possible to provide driveways that are setback at least 1m from the side boundaries. Council’s Development Engineer has assessed the driveway design and raised no objections on safety or access grounds, subject to conditions.

 

S1

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

The driveway design has been assessed by Council’s Development Engineer and is considered to be satisfactory.

 

S1

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

The driveway gradient has been assessed by Council’s Development Engineer and is considered to be satisfactory.

 

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 hard-stand parking spaces are located in front of the building line. The above parking spaces will only be provided with a pergola structure above and will not present as a significant element in the streetscape. The parking facilities will also be significantly obscured by the proposed front fencing and gates, and will not be prominently visible. Satisfactory.

 

S2

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

The proposed parking facilities will occupy approximately 50% of the street frontage.

 

The street elevation of the building is appropriately articulated with a combination of materials and staggering wall planes. The parking facilities will be significantly obscured by the proposed front fencing and gates, and will not be prominently visible. Therefore, the proposal is considered satisfactory in this regard.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

The proposed front fencing is divided into 3 distinct sections, each with a height of 1.6m to 1.8m. The fencing consists of both solid masonry and timber slats construction and will not result in a long span of unarticulated front walls. Given that 1.8m high front fencing is already evident for properties immediately to the west of the site, the proposal is not considered to detract from the streetscape quality of the surrounding areas.

 

S1

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

Refer to comments above.

 

 

 

 

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Superseded by SEPP: BASIX.

 

 

S2

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

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.

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 unreasonably overshadow potential 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.

Due to the north-south orientation of the site, the proposal will not reduce solar access to less than 3 hours on the north-facing windows of adjoining properties. 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.

Due to the north-south orientation of the site, the proposal will not reduce solar access to private open space of adjoining properties to less than 3 hours. Complies.

 

9.2    Randwick Development Control Plan - Parking

 

The Parking DCP specifies a parking rate for dual occupancy as follows:

2 spaces per dwelling house with 3 or more bedrooms

Tandem parking for 2 vehicles is allowed

 

Each proposed dwelling contains 4 bedrooms and is required to provide 2 car parking spaces. The development includes a single garage and a hardstand car space in a tandem arrangement for each dwelling. The proposal complies with the off-street parking requirements of the DCP.

 

9.3    Randwick Section 94A Development Contributions Plan

 

The Randwick Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. Pursuant to Clause 11 of the Plan, Class 10 buildings or structures under the Building Code of Australia are exempt from development contribution levies. Accordingly, these elements of the proposal are excluded from the calculation of Section 94A contributions. The following monetary levy is payable to Council:

 

Category

Cost

Applicable Levy

Section 94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$860,000*

1.0%

$8,600

 

*Note:

Estimated total construction cost

$1,000,000

Minus

 

Class 10 buildings / structures:

 

- 2 x hardstand parking spaces

 

- 2 x swimming pools

 

- Landscaping and associated works

 

Lump sum sub-total

$140,000

Total cost less Class 10 element (excluding GST)

$860,000

 

10.    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 are 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 will 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 will 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 subject proposal is not considered to result in significant adverse environmental impacts.

 

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 has been developed with a residential flat development consisting of 4 apartment units. The proposed conversion of the multi-unit development into a dual occupancy will reduce the intensity of the land use, and is anticipated to generate a less amount of vehicular traffic. The site has sufficient dimension to accommodate the proposed building work. Therefore, the site is considered suitable for the proposed development.

 

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

The issues raised in the submission have already been addressed in the “Public Consultation” section of this report. 

 

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Therefore, the development is considered to be within public interest.

 

11.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development   .

Direction:  Improved design and sustainability across all development.

 

12.    Financial Impact Statement

 

The approval of the subject application will have no direct financial implications.

 

Conclusion

 

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

 

Recommendation

 

A.       That Council, as the consent authority, support the objection under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 30(1), 30(3), 32(1), 33(1) and 33(3) of the Randwick Local Environmental Plan 1998 relating to allotment size, frontage width, floor space ratio and building heights respectively, on the grounds that the proposed development complies with the objectives of the Clauses and will not significantly affect the amenity of the surrounding areas, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grant development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act, as amended, to Development Application No. 1053/2007 for  conversion of an existing residential flat building to a dual occupancy, including alterations and additions to the existing building, construction of a second floor, garage and hard stand parking spaces, landscape works and Torrens Title subdivision into two (2) allotments, at No. 57 Burnie Street, Clovelly, 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 following plans:

 

Plan Number / Title

Prepared by

Dated

Received

TP03(B) “Proposed Plan – Ground Floor / Analysis Plan”

Turco Hunter Architects

13.03.08

31 March 2008

TP04 “Plans – First & Second Levels”

Turco Hunter Architects

14.11.07

4 December 2007

TP05(B) “Proposed Plan – Roof / Site Plan”

Turco Hunter Architects

13.03.08

31 March 2008

TP06(B) “Elevations”

Turco Hunter Architects

13.03.08

31 March 2008

TP07 “Typical Sections”

Turco Hunter Architects

14.11.07

4 December 2007

TP10(B) “Southern Entry – Driveway and Entrance Levels”

Turco Hunter Architects

13.03.08

31 March 2008

Draft Survey Plan (Surveyor’s Reference 20070438)

Ballenden Surveyors

15 November 2007

4 December 2007

LS001 “Landscape Plan for DA”

Kirstyen Stephen

November 2007

4 December 2007

 

the application form and 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.       Metal roof sheeting is to be painted or colour bonded to minimise reflection and to be sympathetic and compatible with the building and surrounding environment.

 

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

 

5.       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.

 

6.       Privacy screens of minimum 1.6m in height must be installed along the side elevations of the proposed rear facing balconies on the first and second levels of both dwellings.

 

The screens are to be constructed of timber slats, horizontally or vertically positioned, and suitably spaced and angled to prevent overlooking of the adjoining properties at Nos. 55 and 59 Burnie Street.

 

Details demonstrating compliance with the above requirements are to be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

 

7.       Fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1,800mm, measured above the finished ground level within the subject site.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner are 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.

 

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

 

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

 

9.       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 condition is applied to meet additional demands for public facilities:

 

10.     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

Section 94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$860,000

1.0%

$8,600

 

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 imposed to promote ecologically sustainable development and energy efficiency:

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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”.

 

21.     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.

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

24.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

      The requirements and Guidelines of WorkCover NSW

·      Occupational Health and Safety Act 2000

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

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

 

27.     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 any asbestos materials will commence

 

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

 

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

 

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

 

 

·              Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

·              A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 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.

 

·              On sites involving the removal of asbestos, a 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.

 

·              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.

 

·              A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the principal certifying authority upon completion of the asbestos related works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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.

 

29.     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.

 

30.     A dilapidation report prepared by a professional engineer, accredited building surveyor or other suitably qualified person must be submitted to the satisfaction of the Principal Certifying Authority prior to commencement of any demolition, excavation or building works, in the following cases:

 

 

·           new dwellings or additions to dwellings sited up to the property boundaries (including additions to a semi-detached dwelling),

·           excavations for new dwellings, additions to dwellings, swimming pools or the like which are proposed to be located within the zone of influence of the footings of any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·           excavations for new dwellings, additions to dwellings, swimming pools or the like which are within rock and may result in vibration and or potential damage to any dwelling, associated garage or other substantial structure located upon an adjoining  premises,

·           as otherwise required by the Principal Certifying Authority.

 

The report (including photographs) is to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.

 

31.       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 do 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).

 

32.     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.

 

33.     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 person is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

34.     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.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip 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.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

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

 

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

 

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

 

d.       Any part of Council’s road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Council’s satisfaction prior to occupation or finalisation of the development.

 

The following condition has been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

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

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

39.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitled “Policy Statement No.9.4.1: Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitled “Cardio Pulmonary Resuscitation” published by the Australian Resuscitation Council.

 

40.     Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitles “Policy Statement No. 9.4.1; Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitles “Cardio Pulmonary Resuscitation: published by the Australian Resuscitation Council.

 

41.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

a.     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b.     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

c.     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d.     Pool plant and equipment are to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

e.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

i.     before 8.00am or after 8.00pm on any Sunday or public holiday; or

ii.    before 7.00am or after 8.00pm on any other day.

 

42.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992, prior to issuing an Occupation Certificate.

 

 

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

           before 7.00am or after 8.00pm on weekdays.

 

The following condition is applied to provide adequate security against damage to Council’s infrastructure:

 

Security Deposit Conditions

 

45.     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.

 

Traffic /Civil Works Conditions

 

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

 

46.     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 2 full width concrete vehicular crossings and laybacks at kerb opposite the vehicular entrance to the site.

 

b.    Reconstruct the existing footpath between the vehicular crossings to Council’s specification and design.

 

47.     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.

 

48.     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.

 

49.     All new walls adjacent to vehicular crossings must be suitably designed to ensure satisfactory sight lines for the drivers of vehicles exiting the development site. Council recommends that all new walls be either 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. Alternate treatments of fencing/walls will be considered subject to the applicant demonstrating that adequate sight lines have been provided. Details are to be submitted to the Certifying Authority for approval, and be approved prior to release of the Construction Certificate.

 

 

50.     The driveway openings at the street frontage must be a minimum of 3.0 metres wide and located at least 0.5 metres clear of the side property boundaries.

 

51.     The width of the planter box along the eastern side of the proposed hard-stand parking space of Dwelling 2 (western dwelling) shall be reduced by 300mm, in order to facilitate the opening of car doors. Details are to be indicated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority, prior to issue of the Construction Certificate.

 

Alignment Level Conditions

 

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

 

52.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

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

 

54.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $606.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

55.     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.

 

56.     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.

 

57.     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.

 

58.     A Road / Asset Opening Permit must be obtained from Council prior to carrying out any public utility service 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 Councils Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

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

 

Drainage Conditions

 

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

 

Protection from flooding

 

60.     Levels for the internal carspaces, pedestrian entry/exit points and proposed garages shall be generally in accordance with the drawing titled “Southern Entry Driveway and Entrance Levels”, Drawing Number TP-10-B as received by Council 31/3/08. The applicant must ensure that a minimum clearance of 2.1 metres, measured perpendicular to the internal driveways, is available at all points along the internal driveway. The garage slab/floor level on the Eastern Driveway Section is to be RL 23.82, (not 24.35 as shown). This condition is required to minimize the potential for overland stormwater flow in Burnie Street to enter the proposed development. The construction certificate plans must demonstrate compliance with these requirements.

 

61.     The proposed pools must be redesigned such that no part of the pool is located closer than 4.5 metres from the northern site boundary. This condition is required because there is a potential east-west stormwater overland flowpath through the development site, adjacent to the northern site boundary. Details of the redesigned pools must be submitted to the Certifying Authority for approval, and be approved, prior to the issuing of a Construction Certificate. Note: any redesign of the pools must not have an adverse impact on the Ficus macrophylla (Moreton Bay Fig) located centrally within the rear yard of the subject site. Council requires that the long term health and stability of this tree be maintained in conjunction with the proposed development.

 

 

62.     Any new fencing running north-south must be constructed of an open form within 4.5 metres of the northern site boundary, (e.g. the common boundary fence between the two allotments).

 

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

 

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

 

Internal Drainage

 

The following conditions are applied to provide adequate provisions for site drainage and associated infrastructure: (Note: Stormwater drainage plans have not been approved as part of this development consent.)

 

64.     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.

 

65.     Each dwelling shall have its own stormwater drainage system and the drainage system shall either discharge to the kerb and gutter in Burnie Street fronting the development site, (subject to compliance with the below conditions relating to discharge to the kerb and gutter) and/or into an infiltration system, (subject to compliance with the below conditions relating to discharge of stormwater via an infiltration system).

 

66.     Should the stormwater be discharged to the kerb and gutter in Burnie Street the site stormwater from each dwelling shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a)     The sediment/silt arrestor pit shall be constructed:-

 

i.        within the site at or near the street boundary.

ii.       with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.       with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.      with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.       with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b)     The infiltration/rubble pit shall:-

  

i.        have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.       be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.       be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

Note:  other equivalent methods of infiltration may be adopted.

iv.      have a minimum base area of 5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c)     The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

        All works shall be to the satisfaction of the certifying authority.

 

d)     The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

67.     Should the stormwater be discharged to infiltration systems in the rear of the proposed allotments, (i.e. to infiltration areas without an overflow to the street), the infiltration areas shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area draining to the infiltration area.

 

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

 

68.     All site stormwater which is discharged into an infiltration/absorption system must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

·      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 (Mascot GMS Multi-purpose filter screen or similar).

 

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

 

·      The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·      A sign adjacent to this pit stating that:

 

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

 

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

 

69.     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.

 

70.     Any infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

71.     Any infiltration systems with above ground storage must be suitably signposted where required, warning people of the maximum flood level.

 

72.     The floor level of all habitable and storage areas adjacent to any infiltration system 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).

 

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

 

 

 

74.     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 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.

 

75.     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 any infiltration area with finished surface levels;

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

c.     Details of any infiltration/absorption systems; and

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

 

76.     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.

 

Waste Management Conditions

 

The following condition is applied to provide adequate provisions for waste management:

 

77.     A waste storage area shall be provided within each of the proposed allotments, (i.e. a total of 2 bin areas will be required). Each of the bin areas shall be screened from view and sized to contain a total of 3 waste bins (1 x 120L garbage bin, 1 x 240L recycling bin & 1 x 240L green waste bin) whilst providing satisfactory access to these bins. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Torrens Title Subdivision Conditions

 

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

 

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

 

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

 

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

 

Landscape Conditions

 

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

 

81.     Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by Kirstyen Stephen, drawing number LS001, dated November 2007 and stamped by Council 4th December 2007, subject to the following additional requirements being shown on an amended plan, to the satisfaction of the Principal Certifying Authority (PCA), prior to the issue of a construction certificate;

 

a.       A square measuring a minimum of 1m x 1m shall be provided in Council’s Burnie Street footpath, a distance of 1.5 metres to the west of the existing power pole, at the back of the kerb, in order to facilitate the replacement street tree;

 

b.       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 for the establishment of landscaping.

 

82.     Prior to the issue of final occupation certificate, documentary evidence is to be obtained from a qualified Landscape Designer or Landscape Architect (member of AILDM or AILA respectively), and is to be submitted to the PCA, (and Council, if Council is not the PCA), which confirms that all landscape works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent.

 

Tree Management

 

83.     Approval is granted for the applicant to remove the existing Banksia integrifolia (Coastal Banksia) located within Council’s Burnie Street footpath, towards the western boundary, during excavations associated with the proposed vehicle crossing, with the applicant required to satisfy themselves as to the location of all site services (refer to Service Authority conditions) prior to the commencement of any site works.

 

84.     The approval described above is subject to the applicant submitting a total payment of $307.25 (including GST) to Council, being for:

 

a.       Council to supply and install 1 x 25 litre replacement street tree, Banksia integrifolia (Coastal Banksia) within the Burnie Street footpath, a distance of 1.5 metres to the west of the existing power pole at the completion of all works ($97.50 + GST); and

 

b.       A loss of amenity charge to compensate Council and the community for the costs of originally growing, planting and maintaining the existing street tree which now needs to be removed in order to accommodate the proposed works ($200.00 no 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, giving at least two working weeks notice, to arrange for provision of the replacement street tree upon completion of all site works.

 

85.     With the exception of the large Ficus macrophylla (Moreton Bay Fig) located centrally within the rear yard which is to be retained (refer to Tree Protection Measures below), approval is granted for the removal of all other existing vegetation within the site in order to accommodate the proposed works as shown, as all were assessed as being either undesirable species, or insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO); however, this approval is subject to full implementation of the approved landscape plan.

 

86.     Prior to the issue of a construction certificate, the PCA will be required to ensure that an Arborist who holds a minimum of AQF Level 5 in Arboriculture, and who is also a registered member of a nationally recognized association/organisation (“the site Arborist”) has been engaged to supervise the relevant components of this proposed development, for the full duration of the works, with all relevant contact details to be forwarded to Council’s Director of City Planning (if Council is not engaged as the PCA), prior to the commencement of site works.

 

87.     All site staff will be required to comply with the site Arborists recommendations, with a statement confirming compliance with the measures described in this report to be provided to the satisfaction of the PCA (with a copy to be forwarded to Council’s Director of City Planning), upon completion of all site works, and prior to the issue of a final occupation certificate.

 

88.     Should the pruning of second and third order branches from the southern aspect of the Ficus macrophylla (Moreton Bay Fig) located centrally within the rear yard be necessary in order to avoid damage to this tree during the course of the works, or in order to avoid interference with the dwelling upon completion, it shall be selective in nature, and will not be an amount which will substantially alter its existing habit.

 

89.     In order to ensure this, all pruning shall only to be undertaken by the site Arborist, to the requirements of Australian Standard AS 4373-1996 'Pruning of Amenity Trees,’ with Council’s Landscape Development Officer (9399-0613) required to be present on site prior to the commencement of any pruning, in order to determine the extent of pruning allowable, with the Arborist to comply with Council’s instructions.

 

Tree Protection Measures

 

90.     In order to ensure the retention of the Ficus macrophylla (Moreton Bay Fig) located centrally within the rear yard of the subject site 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 specimen with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       Prior to the issue of a construction certificate, the site Arborist will be required to provide written certification, together with construction details, which confirms that a cantilevered style footing design such as pier and beam or similar, that will allow the preservation of any major roots with a diameter of 50mm or more, has been prepared for both the rear extension and lap pool.  

 

c.       A minimum 75mm deep layer of woodchip mulch shall be provided and maintained within the Protection Zone described in Point d, for the duration of works, until such time as landscape works in this area are being performed.

 

d.       The 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 its south, measured off the outside edge of its trunk, as well as 3.5 metres to the west, 3 metres to the east and 6 metres to its north in order to completely enclose this tree for the duration of the works.

 

e.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until such stage that works in this specific area needs to be performed. Signage containing the following words shall be permanently attached and clearly displayed: “TREE PROTECTION ZONE, DO NOT ENTER".

 

f.        Any excavations required for footings, structures, retaining walls, services, pipes, detention tanks, stormwater infiltration systems, paving etc within 7 metres of the outside edge of its trunk shall initially be undertaken by hand, by the site Arborist, to a minimum depth of 600mm.

 

g.       Any roots encountered within the zone described in point c that have a diameter of less than 50mm shall be cleanly cut by hand by the site Arborist, with the affected areas backfilled with clean site soil as soon as practically possible.

 

h.       Any roots encountered either outside or within the zone described in point c which have a diameter of 50mm or greater shall be preserved, with any footings to be suitably re-located elsewhere or designed in such a manner so as to ensure their preservation, making suitable allowance for an expansion in their girth over time.

 

i.        Upon completion of these hand dug trenches, and prior to the pruning of any roots or pouring/construction of any footings within the zone described in point c, the applicant/Arborist shall contact Council’s Landscape Development Officer (9399-0613) to arrange a joint site inspection to confirm the extent of root pruning permissible.

 

j.        The two 100mm PVC stormwater lines proposed for installation a distance of only 1.5 metres to both the east and west of its trunk, running in a northerly direction from the water tank overflow beneath the rear decks to an absorption area towards the rear of the site, shall be relocated to run along the western boundary, and as close as possible to the western edge of the lap pool proposed along the eastern edge of the site.

 

k.       Within the zone described in point c 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.

 

 

91.     In order to ensure the retention of the Melaleuca quinquinervia (Broad Leafed Paperbark) located within the adjoining property to the west, 55 Burnie Street, close to the common 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 its retention with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show that existing soil levels between the western edge of the proposed pool and western boundary will be maintained, with all services, detention tanks, stormwater infiltration systems, pipes etc to be suitably designed and located outside this area.

 

c.       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.

 

d.       Any new fencing or privacy screens proposed along the western boundary, within 3.5 metres of the outside edge of its trunk, shall only be those which do not require a continuous strip footing for support, with the structure/system utilised to be one which will only require a localised footing/pad, or one which can be attached on top of the existing low brick wall along the western boundary.

 

e.       Any excavations associated with the southwest corner of the proposed pool, for the full length of its southern edge, as well as a distance of 2 metres along its western edge (in a northerly direction) shall initially be undertaken by hand, by the site Arborist, to a minimum depth of 600mm, with any roots encountered to be cut cleanly by hand, with the affected area to be backfilled as soon as practically possible.

 

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      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.

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

13 May 2008

 

 

 

Development Application Report No. D20/08

 

 

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