Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 26 August 2008

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

26 August 2008

 

 

 

 

19 August 2008

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 26 August 2008 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

 

Ordinary Council Meeting - 22 July 2008

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

 

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

 

Urgent Business

 

Director City Planning Reports

 

CP40/08    7 Northumberland Street, Clovelly (Deferred)

CP41/08    16A Melody Street, Coogee …

CP42/08    253 Bunnerong Road, Maroubra

CP43/08    9 Lurline Street, Maroubra

CP44/08    26 Franklin Street, Matraville

CP45/08    47-49 Bream Street, Coogee

CP46/08    61 Milroy Avenue, Kensington

CP47/08    286 Rainbow Street, Coogee

CP48/08    10 Ivy Street, Randwick

CP49/08    8-10 Belmore Road, Randwick

CP50/08    Affordable Housing Program: A Progress Report

 

General Manager's Reports

 

GM31/08    Affixing of the Council Seal

GM32/08    Randwick City Council June 2008 Quarterly Report  

 

Director City Services Report

 

CS22/08    Re-establishment of alcohol free zones

 

Director Governance & Financial Services Report

 

GF41/08    Investment Report - July 2008  

 

Petitions

 

Motion Pursuant to Notice

 

NM28/08    Notice Pursuant to Notice by Cr Andrews - Removal of Paid Parking Meters in Coogee Basin Area

NM29/08    Motion Pursuant to Notice by Cr Nash - Costs of Bi-Elections

NM30/08    Motion Pursuant to Notice by Cr Andrews - Privatisation of Electricity in Randwick City

NM31/08    Motion Pursuant to Notice by Cr Hughes - Southern Cross Drive Off Ramps

NM32/08    Motion Pursuant to Notice By Cr Belleli - Zoning of the Western Side of Malabar Headland

NM33/08    Motion Pursuant to Notice by Cr Belleli - Discussion Group - Community Centre near Maroubra Beach

NM34/08    Motion Pursuant to Notice by Cr Belleli - Barriers Erected by Telecommunication Companies

NM35/08    Motion Pursuant to Notice by Cr Belleli - Dealing with Graffiti on Electricity Sub Stations

NM36/08    Motion Pursuant to Notice by Cr Matson - Implementation of Promised 'Village' Shopping Centre for Prince Henry Development

NM37/08    Motion Pursuant to Notice by Cr Andrews – Banning of Smoking in Public Places

NM38/08    Motion Pursuant to Notice by Cr Matson - Signage Around Defence Force Land at Bundock Street

NM39/08    Motion Pursuant to Notice by Cr Matson - Improving BASIX to Remove Donor Discrimination  

 

 

Confidential

GM33/08    Tender T06/2008 - Lease of Bumborah Point Road Recycling Facility

This matter is considered to be confidential under Section 10A(2)(d) of the Local Government Act, as it deals with commercial information of a confidential nature that would, if disclosed (i) prejudice the commercial position of the person who supplied it; or (ii) confer a commercial advantage on a competitor of the Council; or (iii) reveal a trade secret.

 

CP51/08    Land & Environment Court Proceeding Nos 10389 and 10390 of 2008 - 1-9 & 2-8 Pine Avenue, Little Bay

This matter is considered to be confidential under Section 10A(2)(g) of the Local Government Act, as it deals with advice concerning litigation, or advice that would otherwise be privileged from production in legal proceedings on the ground of legal professional privilege.

  

Notice of Rescission Motions

Nil 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

26 August 2008

 

 

 

Director City Planning Report No. CP40/08

 

 

Subject:                  7 Northumberland Street, Clovelly

Folder No:                   DA/950/2007

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Introduction

 

Development Application No 950/2007 was considered by Council at its Ordinary Council Meeting held on 24 June 2008, where it was resolved that the application be deferred for the following reasons:

 

(a)      To allow the applicant to submit amended plans which seek the maximisation of the retention of the iconic views of wedding cake island from the neighbouring property and to have the roof at the lowest possible grade;

 

(b)      To offer the applicant and objector the opportunity to attend mediation should they be agreeable; and

 

(c)      For councillors to seek more planning advice from Council officers regarding the potential view loss.

 

The above resolution relates to potential view loss from the adjoining property to the north at No. 5 Northumberland Street as a result of the proposed development. The adjoining property at No. 5 notwithstanding, currently enjoys various ocean and iconic views from the rooftop terraces and first floor rear balcony. The officer’s report dated 24 June 2008 has included an analysis of the potential view loss impacts.

 

Following the Council meeting, the assessment officer re-visited the neighbouring property in question and installed height poles to represent the anticipated building envelope proposed in the application. Photographic recording of the views and positioning of the height poles were undertaken during the exercise.

 

Council subsequently engaged a specialist consultant, Digital Line Pty. Ltd., to prepare photomontage images to indicate the anticipated views captured from No. 5 Northumberland Street following the proposed development. The photomontages were based on photographs taken by Council’s officers during the site visit mentioned above.

 

This report aims to address the resolution of Council and provide updated advice to the Councillors in relation to the reasonableness of the potential view loss impacts.

 

1.0    Issues

 

1.1    Plan amendments

A meeting was held on 9 July 2008 between Council’s assessment officer and the applicant. During the meeting, the applicant submitted additional information, which proposes the reduction of the roof pitch angle from approximately 22 degrees to 20 degrees and reduction of the overall height of the roofing by 200mm.

 

The applicant has agreed to prepare amended plans to incorporate the above changes. However, it is considered that the proposed design amendments can be effectively achieved via a specific condition of consent.

 

The following assessment is based on this revised proposal, where the roof ridge will be reduced from RL 47.04m to RL 46.84m AHD.

 

1.2    Mediation

Mediation has not been agreed to by the applicant or objector.

 

1.3    View loss impacts

Digital Line Pty. Ltd. was engaged by Council to prepare photomontage images to represent the anticipated views captured from No. 5 Northumberland Street following the proposed development. The photomontages were prepared based on the survey plan and design drawings submitted by the applicant, and the height poles erected by Council’s officers during site inspection. A total of three (3) images were prepared in relation to the following:

 

·      Anticipated view from the western rooftop terrace

·      Anticipated view from the eastern rooftop terrace

·      Anticipated view from the 1st floor eastern (rear) balcony

 

The height poles were intended to indicate the position of the ridge pitch and the rear edge of the balcony balustrade. However, it was only possible for the height poles to be placed adjacent to the gutter and not at the exact locations as this would have required a template to be erected on the roof of the dwelling. The consultant has adjusted the virtual modelling accordingly in order to rectify the above shortcoming.

 

A revised four-step test of view loss as adopted by Commissioner Roseth of the NSW Land and Environment Court is provided below:

 

1.3.1          Type of views / extent of view loss

 

(i)     Rooftop terrace – western section

The western roof top terrace currently enjoys the following views:

 

·      The iconic headland of Lurline Bay, Wedding Cake Island and the Coogee Bay sea / coast interface.

·      Broken ocean view across the rear and side boundaries of the properties fronting Ocean Street.

 

The majority of the views are available with a person standing.

 

The anticipated view impacts based on the photomontage image are as follows:

 

·      The eastern extremity of the Lurline Bay headland will be obscured by the proposed development. However, the interface between the ridge of the headland and the sky will be retained.

·      A majority of the Wedding Cake Island will be obscured by the proposed development.

·      A majority of the Coogee Bay sea / coast interface views will be retained.

·      The broken ocean views to the south-east will not be affected.

 

Figure 1 Anticipated view from the western roof top terrace of No. 5 Northumberland Street

 

(ii) Rooftop terrace – eastern section

The eastern roof top terrace currently enjoys the following views:

·      The iconic headland of Lurline Bay, Wedding Cake Island and the Coogee Bay sea / coast interface.

·      Unobstructed ocean / sky horizon views to the south-east.

·      Broken sea views to the east across the rear boundaries of properties fronting Ocean Street.

 

The views are available generally with a person standing.

 

The anticipated view impacts based on the photomontage image are as follows:

·      A minor portion (approximately one-fifth) of Wedding Cake Island will be obscured following the proposed development. However, the majority of the island feature will continue to be visible.

·      The sea / headland interface of Coogee Bay will be obscured. However, the entire Lurline Bay headland and sea / water interface will not be affected.

 

Figure 2 Anticipated view from the eastern roof top terrace of No. 5 Northumberland Street

(iii) First floor (eastern) rear balcony

The first floor rear balcony currently enjoys the following views:

·      The tip of the Lurline Bay headland.

·      Broken ocean views across the side and rear boundaries of the properties fronting Ocean Street.

 

The majority of the views are available with a person standing.

 

The proposed development will setback the new roofing from the rear (eastern) wall of the ground floor level by approximately 4.1m. The proposal will increase the extent of the views towards the Lurline Bay headland / ocean interface.

 

Figure 3 Anticipated view from the 1st floor eastern (rear) balcony of No. 5 Northumberland Street

 

1.3.2          Side views / sitting views

The views that are anticipated to be obscured by the proposed development, as outlined above, are obtained across the shared side boundary between Nos. 5 and 7 Northumberland Street and generally with a person standing.

 

1.3.3          Extent of impact

In summary, the following views will be lost:

 

Location

Lost views

Rooftop terrace (western section)

Eastern extremity of the Lurline Bay headland, majority of the Wedding Cake Island

 

Rooftop terrace (eastern section)

Minor portion of the Wedding Cake Island, sea / headland interface of Coogee Bay

 

1.3.4          Reasonableness

Whilst loss of iconic sea / headland views will be experienced by the rooftop terraces of No. 5 Northumberland Street, the proposed development is considered to be reasonable and is supported based on the following reasons:

 

·      The views in question are currently obtained due to the under-developed nature of the subject site, being below the currently permissible height limit and floor space ratio.

 

·      It is acknowledged that the proposal does not comply with the FSR and side setback standards and entails a minor breach of the external wall height provisions contained in the DCP. Notwithstanding, the proposal is considered to be of a suitable scale and bulk. The building follows the contours of the site by incorporating adequate stepping in the building mass. The proposal will not result in unreasonable impacts on the adjoining properties in terms of solar access, privacy and visual amenity.

 

·      The revised design scheme has reduced the height of the roofing by 200mm (that is, from RL 47.04m to RL 46.84m). Based on the above analysis, the iconic views of Wedding Cake Island will only be lost from the western roof top terrace. The eastern roof top terrace will continue to capture the majority of the island feature and land / water interface. Similarly, views of the Coogee Bay land / water interface will continue to be available from the western roof top terrace.

 

·      The design scheme has reduced the side wall lengths of the upper level addition to 13m (southern side wall) to 14.5m (northern side wall). The rear portion of the addition is reserved as an unroofed, open terrace area, which will not contribute significantly to the building bulk. 

 

Due to the proposed rear setback of the roofing structure, the altered building will increase the amount of views of the land-water interface from the first floor rear balcony of No. 5.

 

·      Various distant ocean and land-water interface views will still be available to the rooftop terraces and balconies of No. 5 after the proposed development. A reasonable level of living amenity will be maintained for the occupants of No. 5.

 

·      The views in question are obtained from the rooftop terrace areas of No. 5 Northumberland Street. It is noted that No. 5 currently is the only property on Northumberland Street, which has been developed with rooftop terraces and a part fourth storey. The above rooftop terraces offer panoramic views that would not be achieved by a traditional built form.

 

The locality is currently experiencing transition where the traditional housing stock is being renovated or redeveloped. It is anticipated that when the other dwelling houses located to the south or south-east of No. 5 are redeveloped and fully realise the permissible development potential in the future, the views available will be further reduced.

 

The proposed development will provide an upper storey addition presenting as a traditional two-storey dwelling house, which is consistent with the built form, height and scale of the existing detached residences in the area. The proposal is compatible with the character and streetscape of the locality. The proposed works represent a reasonable attempt to realise the permissible development potential of the land and is not considered to be an over-development.

 

Therefore, the anticipated obstruction of the views is justified when considering the compliance of the proposal with the objectives and performance requirements of Council’s planning controls, and is reasonable in this instance.

 


Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:  Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The amended proposal complies with the relevant objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies. The proposed development will not result in unreasonable adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The application is therefore recommended for approval, subject to conditions. 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/950/2007 for alterations and additions to an existing detached dwelling house, including construction of a new first floor level, minor amendments to the ground level layout and provision of an upper level rear terrace, at No. 7 Northumberland 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

Dated

Received On

0611 – A02 “Proposed Ground Floor Plan” & “Proposed First Floor Plan”

Oct 07

1 April 2008

0611 – A03 “North, South, East, West Elevations”

Oct 07

1 April 2008

0611 – A04 “Section AA”

Oct 07

1 April 2008

 

prepared by Archicorp Architects + Project Managers, 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 consistent with the “Colour & Finishes Schedule – Proposed Alterations & Additions – 7 Northumberland Street, Clovelly”, prepared by Archicorp Architects + Project Managers and received by Council on 7 March 2008.

 

3.       The external walls of the dwelling must be located not less than 900mm from any boundary of the subject site.

4.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

5.       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.

 

6.       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.

 

7.       Street numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS / NZS 4819: 2003 to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

8.       Any proposed fences located on the side or rear boundaries of the premises shall not exceed a maximum height of 1,800mm, measured above the existing ground levels.

 

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.

 

9.       A privacy screen reaching not less than 1.6m in height as measured from the finished floor level, shall be installed on both side elevations of the proposed first floor rear terrace.

 

The privacy screens shall extend for a distance of 2.5m from the rear (eastern) wall of the first floor addition. The privacy screens shall be constructed of 35mm wide timber slats, horizontally or vertically positioned, and spaced at a maximum of 35mm, or other appropriate screening devices that achieve the same level of privacy for the adjoining dwellings at Nos. 5 and 9 Northumberland Street, Clovelly.

 

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

 

10.     A 1.8m high privacy screen shall be installed on both side elevations of the existing ground floor rear balcony.

 

The privacy screens shall be constructed of 35mm wide timber slats, horizontally or vertically positioned, and spaced at a maximum of 35mm, or other appropriate screening devices that achieve the same level of privacy for the adjoining dwellings at Nos. 5 and 9 Northumberland Street, Clovelly.

 

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

 

11.           The maximum ridge height of the proposed development shall be reduced by a minimum of 200mm, so that it does not exceed RL 46.84m AHD. No other changes to the external wall height, building footprint or setbacks are permitted or implied in this condition. Details demonstrating compliance with the above requirements are to be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$227,500

 

1.0%

$2,275

 

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.

 

14.     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.

 

15.     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.

 

16.     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)

 

17.     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 group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

18.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

19.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

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

 

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

 

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

 

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

 

22.     Prior to the commencement of any building 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.

 

23.     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.

 

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

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

28.     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.

 

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

 

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

 

30.     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:

 

30.       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.

 

31.     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.

 

32.     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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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. 

 

38.     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:

 

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

 

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:

 

40.     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.

 

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

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

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

 

42.     The applicant must meet the full cost for Council or a Council approved contractor to install vehicular crossings and 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. 

 

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.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 August 2008

 

 

 

Director City Planning Report No. CP41/08

 

 

Subject:                  16A Melody Street, Coogee

Folder No:                   DA/964/2007

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing semi-detached dwelling, including construction of a new first floor level, rear decks, a single garage, an in-ground swimming pool and associated landscape works.

 

Ward:                      East Ward

 

Applicant:                S Willis and D Willis

 

Owner:                         S Willis and D Willis

 

Summary

Recommendation:     Deferred Commencement Consent

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is for alterations and additions to an existing semi-detached dwelling house, including construction of a new first floor level, rear decks, a single garage and an in-ground swimming pool. The application is referred to Council at the request of Councillors Woodsmith, Matson and Hughes.

 

The subject site is located on the western side of Melody Street, between Alison Road and Abbott Street. The site is rectangular in shape and has a frontage width of 6.73m, side boundary depth of 56.9m and overall land area of 379.8m2. The site is adjoined by semi-detached dwelling houses to the north and south. The locality is characterised by a mixture of detached, semi-detached and residential flat developments.

 

The application was first notified in late November 2007, and was subsequently renotified in late June 2008 following receipt of amended drawings and additional information. A total of five (5) objections were received at the conclusion of the public notification periods. The issues raised are in relation to development density, height, setback, bulk and scale, streetscape amenity, overshadowing, privacy, noise and vehicular access arrangement. The submission issues have been satisfactorily addressed within the body of this report.

 

It has been established by the assessment that the proposed design is of a suitable form, bulk and scale, and represents a reasonable attempt to realise the development potential of the site. The proposal will increase overshadowing on the adjoining property to the south. However, the anticipated shadow impacts are justified when considering the compliance of the proposal with the objectives and performance requirements of Council’s planning controls.

 

The site is identified as being within Zone No. 2B (Residential B Zone) under Randwick Local Environmental Plan (RLEP) 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will improve the amenity and functionality of an existing semi-detached dwelling, which is compatible with the desired character of the locality. The proposed development incorporates suitable design measures that minimise the visual scale and bulk of the structures, and the prominence of the top floor addition in the streetscape. The proposal is considered to carry positive planning merits.

 

The Randwick Development Control Plan (DCP) – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and setback controls for dwelling house developments. The proposal entails non-compliance with the external wall height and side setback provisions of the DCP. However, it is considered that the breaches will not result in significant adverse amenity or visual impacts on the area. The development complies with the objectives and performance requirements of the DCP and is considered to be satisfactory.

 

The revised proposal includes the relocation of the garage further to the west, so that no significant re-grading works to the shared right of way between Nos. 16A and 18 Melody Street are required. The current scheme only requires minor works within that portion of the right of way, which forms part of the subject allotment. The works are to allow efficient vehicular access into and out of the garage, and will not interfere with the rights of the adjoining owners and occupants to utilise the right of way.

 

The Development Engineer considers that the tight dimensions of the proposed garage and turning paths in and out of the parking area will present difficulties for vehicular movements. Therefore, a Deferred Commencement condition is recommended so that further amendments to the parking design for rectifying the above problems will be undertaken, prior to an operational consent being issued.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. The proposed development satisfies the relevant legislation, State policies and local planning controls, and is recommended for approval by deferred commencement.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 6 in DP 224982, No. 16A Melody Street, Coogee. The site is located on the western side of Melody Street, between Alison Road and Abbott Street. The land slopes from the north-east to the south-west with a cross fall of 2.31m (from RL 30.38m to RL 28.07m). The dimension and land area of the site are summarised in the table below:

 

Allotment boundary

Length

Land area

Northern, side boundary

56.91m

 

Southern, side boundary

56.915m

 

Eastern, street boundary

6.73m

 

Western, rear boundary

6.68m

 

 

 

379.8m2

 

At present, the site is occupied by a part one- and part two-storey semi-detached residence of brick and tiled roof construction. There is a timber deck attached to the rear elevation of the dwelling.

 

Immediately adjoining the site to the north (No. 16 Melody Street) is a part one- and part two-storey semi-detached dwelling house, which has recently been refurbished and extended pursuant to Development Consent DA/842/1999.

 

The site is adjoined to the south (No. 18 Melody Street) by a single-storey semi-detached cottage. A 2.745m wide right of carriageway has been created, which provides reciprocal rights of access for both Nos. 16A and 18 Melody Street (0.915m of the aforementioned right of carriageway is located within No. 16A, whilst the remaining 1.83m is located within No. 18). The right of carriageway exists to allow residents of both dwellings to access their respective allotments and does not offer exclusive ownership of the land to either property.

 

The locality consists of a mixture of detached, semi-detached and multi-unit residential developments.

 

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

 

Photo 1 Melody Street elevation of the existing semi-detached building on site.

Photo 2 Rear elevation of the existing building on site. The adjoining semi-detached dwelling at No. 16 Melody Street is seen at the background.

 

Photo 3 The right of carriageway in between Nos. 16A (left) and 18 (right) Melody Street.

Photo 4 Rear elevation of the existing dwellings at Nos. 18 (right) and 16A (middle) Melody Street.

3.      The Proposal

 

The proposed development includes the following components:

 

·      Alterations and additions to the existing semi-detached dwelling. The proposal includes the following floor space elements:

 

Lower ground floor:   single garage, family room, amenities, external deck

Ground floor:                   2 x bedrooms, living and dining areas, kitchen, amenities, external deck.

1st floor:                         1 x ensuite bedroom, study, external deck.

 

·      Installation of an in-ground swimming pool.

 

·      General landscape works.

 

Estimated total development cost: $452,727.27 (excluding GST).

 

4.      Site History

 

4.1    Plan amendments

A request was made by letter dated 29 January 2008 for the submission of amended plans / additional information addressing the following issues:

 

·      Pursuant to Council’s Dwelling Houses and Attached Dual Occupancies Development Control Plan (DCP), a floor space ratio (FSR) of 0.6:1 applies to the subject site. The development proposes an FSR of 0.66:1, which equates to 24.2m2 GFA over the required floor space limit.

 

·      Scaled elevational shadow diagrams are required in order to demonstrate the potential shadow impacts on the northern elevation of No. 18 Melody Street at 9 am, 12 noon and 3 pm on the winter solstice.

 

·      The southern elevation of the proposed first floor level is setback only 2.5m from the side boundary and falls short of the DCP requirement of 3.0m.

 

·      The proposal will result in a breach of up to 1m above the 7m external wall height limit stipulated in the DCP.

 

·      The footprint of the first (top) floor level is to be reduced in order to bring the proposal into full compliance with the FSR control.

 

·      The southern elevation of the proposed first (top) floor level has incorporated substantial window openings, which are considered to create adverse privacy impacts on the adjoining property.

 

·      The amended plans are to demonstrate that a vehicle can manoeuvre safely and efficiently into and out of the proposed garage.

 

·      The proposal involves building works within the shared right of carriageway between Nos. 16A and 18 Melody Street. A written consent from the owner(s) of No. 18 Melody Street is to be submitted.

 

·      The revised submission is to include a report prepared by a qualified structural / geotechnical engineer, which demonstrates that any excavation within the right of way will not adversely impact on the structural stability of the existing buildings at Nos. 16A and 18 Melody Street.

 

Revised drawings (Issue A) were received on 23 June 2008. The amended design scheme required excavation and regrading of the existing right of carriageway between Nos. 16A and 18 Melody Street, despite the absence of written consent from the latter property’s owner(s). Therefore, the key issue raised in the previous letter was not resolved by the revised drawings.

 

The revised proposal was considered to be unsatisfactory and a further request was made by letter dated 24 July 2008 for the submission of the following additional information:

 

·      Written consent from the owner(s) of No. 18 Melody Street, indicating that no objections are raised against the proposed building works within the right of carriageway.

 

·      A report prepared by a qualified structural / geotechnical engineer, which demonstrates that any excavation within the right of way will not adversely impact on the structural stability of the existing buildings at Nos. 16A and 18 Melody Street.

 

Additional information, including vehicular turning paths, has been submitted for assessment. The information suggests that only minor re-grading works are required to be undertaken within that portion of the right of way, which forms part of the subject allotment. The Development Engineer considers that the tight dimensions of the proposed garage and turning paths in and out of the parking area will present difficulties for vehicular movements. Therefore, a Deferred Commencement condition is recommended so that further amendments to the parking design for rectifying the above problems will be undertaken, prior to an operational consent being issued.

 

4.2    Previous development applications relating to the site

There are no recent development approvals, which are applicable to the subject site.

 

5.      Community Consultation

 

5.1    First notification

The subject application was notified by letter dated 16 November 2007 to 22 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 30 November 2007. The following submissions were received at the conclusion of the public consultation process:

 

·      No. 16 Melody Street, Coogee

·      No. 18 Melody Street, Coogee

·      No. 22 Melody Street, Coogee

·      No. 24 Melody Street, Coogee

 

5.2    Second notification

The application was renotified by letter dated 26 June 2008 to 22 adjoining and nearby properties following receipt of amended drawings. The re-notification period ended on 10 July 2008. The following submissions were received at the conclusion of the public consultation process:

 

·      No. 16 Melody Street, Coogee

·      No. 18 Melody Street, Coogee

·      No. 20 Melody Street, Coogee

·      No. 22 Melody Street, Coogee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed built form, which incorporates a new third floor level, will create a significant visual bulk and is incompatible with the streetscape and the period buildings in the vicinity. The proposal will also present a 3-storey appearance from the rear, which is not consistent with the development pattern in the locality. 

 

The proposal is not considered to detract from the streetscape character of the locality. Refer to the “DCP” and “Environmental Assessment” sections of this report for details.

The proposal does not comply with the FSR standard stipulated in the DCP.

 

The development includes sub-floor areas, which are not counted towards FSR calculation, but will increase the overall building bulk.

 

The proposal achieves full compliance with the FSR controls contained in the DCP.

The proposal does not comply with the building height standard stipulated in the DCP.

 

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

The proposal does not comply with the setback standards stipulated in the DCP.

 

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

The proposal does not comply with the maximum wall length limit stipulated in the DCP.

 

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

The proposal will create an undesirable precedent for similarly configured inappropriate developments in the locality.

 

The proposed design is considered to satisfy the objectives and performance requirements of the DCP. Each development application is assessed based on its merits having regard to the relevant planning controls. The approval of the subject application will not create any undesirable precedent that affects future planning approval decisions.

 

The development will unreasonably overshadow the adjoining property to the north at No. 16 Melody Street.

 

The proposal will not result in unreasonable shadow impacts on the adjoining property to the north due to the fact that sunlight is available from the northern aspect. 

 

The development will unreasonably overshadow the north-facing living room and kitchen windows of No. 18 Melody Street, which is located to the south of the subject site. The proposal does not comply with the solar access provisions of the DCP and relevant Land and Environment Court principles.

 

Refer to the “DCP” and “Environmental Assessment” sections of this report for details.

The proposed top floor rear-facing balcony will overlook the private open space of the adjoining properties.

 

The proposed ground level deck is of a significant size and will overlook the adjoining private open space and generate noise. 

 

Specific conditions will be recommended to require appropriate privacy screens to be installed along the side elevations of the rear decks to minimise overlooking into the adjoining properties. Refer to the “DCP” section of this report for details.

The proposal includes various window openings that are directly oriented towards the windows of No. 18 Melody Street.

 

A specific condition is recommended to address this issue. Refer to the “DCP” section of this report for details.

The submitted drawings do not clearly indicate the design and configuration of the proposed privacy screens.

 

Special conditions are recommended to specify the design and configuration of any required privacy screening devices, in order to ensure an adequate level of opaqueness is maintained.

 

The proposed decking adjacent to the swimming pool will result in visual and acoustic privacy impacts on the adjoining properties.

 

The proposed decking adjacent to the swimming pool has a limited dimension of 3.7m (length) x 1.5m (width). The use of the deck is not considered to result in unreasonable noise impacts on the neighbouring properties. Additionally, 1.8m high boundary walls will be erected along the perimeter of the rear courtyard to minimise visual privacy impacts.

 

The proposed boundary walls will result in additional overshadowing on the adjoining properties and visual bulk.

 

The proposed boundary walls in the rear courtyard will not result in unreasonable shadow impacts on the adjoining private open space. Refer to the “Environmental Assessment” section of this report for details.

 

The boundary walls are 1.8m high and resemble the height of standard side fencing. The walls are considered to be satisfactory in terms of bulk and scale.

 

The proposed rainwater tank appears to exceed the height of the boundary fencing and will result in visual intrusion.

 

The proposed rainwater tank is standard in design and is located adjacent to the northern side boundary. The tank is not considered to create unacceptable visual intrusion.

 

The proposed swimming pool will require excessive usage of water.

 

The current planning controls do not prohibit the construction of swimming pool facilities.

 

The proposed construction works will detrimentally impact on the health of the mature gum tree located in the garden area of the site.

 

Specific conditions will be recommended to require appropriate tree protection measures to be undertaken prior to the commencement of works on the site.

The submitted drawings are unclear as to whether the existing mature gum tree located in the rear yard area of the site will be retained.

 

The gum tree in the rear yard area will be retained. Specific conditions will be recommended to require appropriate tree protection measures to be undertaken prior to the commencement of works on the site.

 

The branching of the proposed planting should not encroach onto the adjoining properties.

 

The proposed landscape planting is not considered to create substantial branching over the adjoining properties.

The development will exacerbate traffic congestion in the area.

 

The proposal will not result in additional dwellings on the site. The development scheme incorporates a single garage and is considered satisfactory having regard to the parking controls.

 

It is noted that a car space is shown at the end of the right of way between Nos. 16A and 18 Melody Street. The provision of this car space is illegal, as the terms of the restrictions as to user will prevent the ability to maintain a permanent parking space. The purpose of the right of way is to provide access only.

 

The terms of the right of way do not allow a garage to be built immediately adjacent to the shared access.

 

The frequent use of the right of way for vehicular manoeuvring is likely to cause damage to the adjoining property at No. 18 Melody Street.

 

The frequent use of the right of way will cause significant amenity impacts on the adjoining property, including noise (from the turntable, roller door and exiting / entering vehicle), vibration and headlight glare.

 

No details have been shown on the plans as to how the right of way will be drained and upgraded in order to suit vehicular access on a daily basis.

 

The revised drawings indicate the relocation of the proposed garage further to the west, so that no significant re-grading works to the right of way are required. The current scheme only requires minor works within that portion of the right of way, which forms part of the subject allotment. The works are required to allow efficient vehicular access into and out of the garage. In addition, the previously proposed car parking space at the western end of the right of way has been deleted.

 

The right of way has been created to allow access to both Nos. 16A and 18 Melody Street. The terms do not prohibit the provision of a garage facility on the side elevation of the building. It is unreasonable to prohibit the use of the right of way due to the possibility of accidents or damage to the adjoining property at No. 18, as vehicular access is the primary reason for its existence and is permitted by the terms of the right of way.

 

The proposed garage accommodates only 1 vehicle. Given the single residential occupancy of the site, the proposal is not considered to result in a high volume of traffic and unacceptable amenity impacts in terms of headlight and noise.

 

Specific conditions are recommended to ensure that the proposed turntable and other mechanical equipment will not generate excessive amount of noise or vibration.

 

The existing condition of the right of way has been assessed by the Development Engineer, and is considered suitable for the intended access purposes.

 

However, the Development Engineer considers that the tight dimensions of the proposed garage and turning paths in and out of the parking area will present difficulties for vehicular movements. Therefore, a Deferred Commencement condition is recommended so that further amendments to the parking design for rectifying the above problems are undertaken, prior to an operational consent being issued.

 

The application should include a construction site management plan to minimise potential amenity impacts and damage to the nearby properties.

 

Specific conditions will be recommended to require appropriate construction and traffic management measures to be undertaken prior to the commencement of works on the site, as well as the preparation of a dilapidation report to monitor potential damage to the adjoining properties as a result of the works.

 

It is noted that a mediation proceeding has been held between the applicant and the owner of No. 18 Melody Street. No other objectors have been invited to participate in the process.

 

Council’s mediation services are separate from and in addition to the development approval processes. Mediation is a voluntary proceeding and both the applicant and the objectors must agree to participate. Refer to the “Mediation Proceedings” section of this report for details.

 

 

5.3    Mediation proceedings

A mediation meeting was held on 10 June 2008 between the applicants / owners of the subject site and one of the owners of No. 18 Melody Street (objector). During the course of the mediation session, the following issues were raised by the objecting party: overshadowing, size of upper level decks, privacy and location of the proposed garage. At the conclusion of the proceeding, a signed agreement was reached between the parties as follows:

 

·      That the applicant prepares to realign the western alignment of the garage from gridline 4 to gridline 3 and reconfigure the ground floor accordingly, to the extent that the floor space will be reduced to the extent that will achieve compliance.

·      The applicant is willing to consider the reduction of deck of bedroom one and incorporate privacy screens to address privacy.

·      It is noted that by realigning the garage there is no need to excavate the carriageway.

·      The objecting owners of No. 18 Melody Street still have concerns with proposed submission however prepare to reconsider as part of exhibition process.

·      It has been expressed by those present that the objectors of Nos. 16 and 22 Melody Street were not present, as they felt that they have not been notified by Council.

·      That the applicant advised, that they have not been made aware of any objections from number 16 Melody Street.

 

The applicant has submitted amended plans, which include relocation of the garage, and installation of privacy screens for the top level deck. The top level deck has been reduced in depth by approximately 200mm.

 

It should be noted that the main impetus for the mediation between No. 16A and No. 18 was to resolve the legal issues for undertaking works within the right of way, which is shared between the above two properties only. The proposed driveway regrading works can only be carried out with the consent of the owners of No. 18. As such, the merit assessment of the application could not progress without an agreement being reached over this issue.

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

The subject application has been referred to Council’s Development Engineering Section for assessment. The comments provided are extracted as follows:

 

Right of Way

The applicant is proposing to carry out minor works on the Right of Way which now utilises only that portion which is shown as being within their site. The works are required to provide access to the proposed garage.

 

Also due to the fact that construction vehicles will be using the Right of Way to access the rear of the site to construct the proposed pool and rear extension it is recommended that the assessing officer include the following condition in any development consent issued:

 

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 the existing Right of Way and any dwelling or other substantial structure located upon the adjoining premises, which may be affected by the subject works.

 

Garage/Turntable

The assessing officer is advised that the applicant has submitted additional turntable dimensions as well as turning paths for vehicles exiting the Right Of Way into the proposed garage. These additional details are considered unsatisfactory as they are obtained from the 1993 Aust Standard and not the 2004 Aust Standard.

 

Development Engineering considers the dimensions and turning paths in and out of the proposed garage extremely tight and difficult and thus recommend a Deferred Commencement condition be included so as to resolve the issues regarding the garage prior to issuing its approval.

 

It is recommended that the Deferred Commencement condition read as follows:

 

Prior to issuing development consent for the proposed garage with turntable the applicant is to submit details for approval and have approved by Council requirements which demonstrate that there is sufficient clearances for standard vehicles using the turntable within the garage as well as acceptable turning paths for standard vehicles entering and exiting the Right of Way to and from the proposed garage.

 

The applicant shall submit the following details:

 

§  Garage Plan showing turntable dimensions and clearances.

§  Vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§  Letter from the vehicle turntable manufacturer stating that the garage and turntable proposed by the applicant will supply satisfactory clearances for vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§  Turning paths from the Right of Way into the proposed garage and from the proposed garage out onto the Right of Way (using turning path for B85 Design Template -5.8m radius. See figure B5 of AS/NZS 2890.1:2004).

§  Details and extent of any level changes to the Right of Way so as to provide access to the proposed garage.

 

Landscape

The 4-5 metre tall Agonis flexuosa (Willow Myrtle) on Council’s Melody Street nature strip, to the north of the existing vehicle crossing, almost in line with the northern site boundary, is in good health and condition and is also covered by the provisions of Council’s Tree Preservation Order (TPO) due to its location on public property.

 

It is one of numerous other trees of the same species and similar dimensions along this section of Melody Street, and while no works are proposed in this specific area of the site, from my experience, there is still potential for damage to be sustained to this tree during the delivery or storage of materials or similar, with relevant protection measures, together with a monetary bond, needing to be included in this report. 

 

The other Agonis’ in close proximity to the site and subject tree, being one to the north, in front of 14 Melody Street, and another one to the south, in front of 18-20 Melody Street, are situated at such a distance from the proposed works that they should both remain unaffected, with conditions relating to these two trees not required.

 

There is one large Eucalyptus robusta (Swamp Mahogany) located centrally in the rear yard, of approximately 15 metres in height which appears in reasonable to average health, average condition, and is covered by the provisions of Council’s TPO.

 

The site inspection revealed the presence of a minor amount of dieback on branch tips in its upper canopy, which may be a result of increased wind and sun exposure from the previous pruning of 2nd and 3rd order branches (refer TA/9/1998, TA/130/2000 & TA/611/2002), which has also substantially reduced its overall foliage cover, form and the resulting aesthetic appeal. 

 

This tree is the only vegetation of any significance within the property, with its canopy extending across the full width of the site, as well as into the adjoining properties to the north and south, 16 & 18 Melody Street respectively, and can be clearly seen from the street frontage.

 

The retention of endemic tree species is a priority for Council given their contribution to the environment, with one of the many benefits being that they provide an important food and habitat source for native fauna; however, sub-clause 4.b.vi, of Council’s Tree Preservation Order (TPO) states that consent to remove a tree will not need to be sought in the following instance:

 

“to any tree growing within two (2) metres of any building comprising a residential dwelling (detached, attached or multi-unit housing) or any retail, commercial, factory, warehouse or storage building (not being an out building) measured horizontally from the closest point of the trunk at one (1) metre from ground level to the closest point of the vertical alignment of the building structure which may be the eave, guttering or fixed awning of the building.”

 

While the rear timber deck and associated roofed pergola would not necessarily threaten the health of this tree given that any excavations for the required footings would be minor and localised, once constructed, the western edge of the roof structure will be located only 1.25m to the east of the outside edge of its trunk, and in accordance with the exclusion clause described above, would then allow the applicant to remove this tree at any time without any recourse being available to Council.

 

Therefore, Council’s Landscape Development Officer recommends that the plans be amended to show either; all parts of the pergola roof being setback a minimum distance of 2.5 metres from the outside edge of its trunk; OR, the deck being constructed as shown, but shall remain uncovered, with the pergola/roof structure to be completely deleted, with an alternative, temporary structure such a shade sail or similar to be added in its place.

 

Legitimate concerns are also held for the direct impacts of excavations associated with the pool, and the multiple vehicular/machinery movements that would need to be made over its root system, and given the restricted space available, may result in mechanical damage to its trunk, as well as compaction of the soil profile, which would have a direct effect on its health and appearance.

 

While specific conditions have been included in this report in response to the threats described in the paragraph above, Council requires that the applicant consider site access requirements prior to commencement given the restricted space available in the rear yard, particularly upon completion of the proposed works.

 

Therefore, a Construction Management Plan (CMP), will need to detail the type of site machinery required for the pool (bobcat, concrete truck & pump etc), and whether such machinery will be located on the street, right of way, or within the site during the course of the works, with all spoil and materials needing to be stockpiled/stored outside its critical root zone.

 

7.      Master Planning Requirements

 

Clause 40A(1) of RLEP 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 site has a land area of 379.8m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998

The site is identified as being within Zone No. 2B (Residential B Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will improve the amenity and functionality of an existing semi-detached dwelling, which is compatible with the desired character of the locality.

 

The following clauses of the LEP are relevant to the proposed development:

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

 

The provision of utility services will be required by appropriate conditions of consent.

Complies, subject to conditions

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

 

The proposed rear extension does not require significant excavation. Specific conditions are recommended to require appropriate soil retention measures to be implemented during works on the site.

Complies, subject to conditions

 

8.2    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

16 Zone No. 2B

Zone No. 2B: dwelling houses development requires consent

The proposed land use and building work are permissible with Council’s consent.

Yes

 

8.3    State Environmental Planning Policy No. 55 Remediation of Land

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential purposes for a prolonged period. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered A21528. The requirements specified in the above certificate will be imposed by appropriate standard conditions prescribed by Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (151.9m2) is provided as landscaped area.

 

 

A total of 44.1% of the site or 167.6m2 is reserved as landscaped areas. Complies.

S1

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

The rear private open space has an area of 134.9m2. Complies.

 

S1

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

The rear private open space has a flat terrain and is capable of accommodating a rectangle of 6m x 20m in dimension. Complies.

 

 

S1

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

The aforementioned private open space is located to the rear of the dwelling. Complies.

 

S6

20% of the total site area (or 76.0m2) has permeable treatment.

A total of 25.2% of the site (or 95.9m2) is soft landscaped and permeable. Complies.

 

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.6:1 (or 227.9m2 gross floor area)

The proposal has an FSR of 0.60:1 or 227.0m2 gross floor area. Complies. 

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 8m. Does not comply, refer to assessment comments below.

 

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 proposed rear extension will require minor excavation for the placement of foundation footings. The proposed floor plates do not require excavation of more than 1m in depth.

 

Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds, subject to conditions. 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.

The proposal requires excavation work to accommodate the garage structures, which will extend up to the northern property boundary. Notwithstanding, the extent of the excavation is minor in nature (being less than 1m in depth). Additionally, no significant retaining wall structures will be required. Therefore, the proposal is considered satisfactory in this regard.

 

S3

No excavation within 4m of a rear boundary.

The proposed swimming pool will require excavation at 2.7m from the rear property boundary with a depth of up to 2.1m.

 

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.

 

S4

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

The proposal will result in a wall length of 26.6m for the ground floor level on the southern elevation. Does not comply, refer to comments below.

 

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.

Refer to comments below. 

 

External wall height

The Objectives of the DCP in relation to building height aim to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for the neighbouring residents.

 

The proposed development has a maximum external wall height of 8.0m and does not comply with the preferred solution. Notwithstanding, the proposal is considered to be satisfactory based on the following reasons:

 

·      The proposed design is characterised by a stepped built form, which is suitable to the sloping topography of the land. The facades have incorporated balconies, louvre screening devices, window openings and a combination of materials and finishes, which will appropriately articulate the building elevations. The design scheme adopts a low profile skillion roof with the topmost level setback from the side wall alignments below, which will minimise the overall height and prominence of the new additions as viewed from Melody Street. The above design measures will minimise the visual scale and bulk of the structures despite the non-compliance with the external wall height provisions. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

·      The proposed built form is progressively stepped back from the rear at each consecutive level. The above design approach will result in a less bulky building mass as viewed from the rear.

 

·      The floor areas and dimensions of the internal layout are not excessive in scale and will allow suitable living amenity for the occupants. The room configuration will achieve satisfactory natural lighting and cross ventilation.

·      The breach against the maximum wall height is attributed to the top floor addition, which exceeds the 7.0m limit by approximately 0.2m to 1.0m for a distance of 13.0m. However, the remaining portions of the building will comply with the control.

 

The top floor addition is partially contained within the existing roof space and is setback 12.3m from the front boundary (5.6m from the front wall, 7.7m from the outer edge of the verandah wall). The proposed scheme adopts a low profile skillion roof, which does not exceed the existing ridge level (being RL 37.02m). The above design measures will ensure that the altered building is perceived as single-storey in height and that the top floor additions are not visually prominent in the streetscape.

 

·      As will be discussed in the following sections, the proposal will not result in unreasonable amenity impacts upon the adjoining properties in terms of overshadowing and privacy.

 

External wall length

The proposal will result in a wall length of 26.6m for the ground floor level on the southern elevation, and does not comply with the preferred solution. Notwithstanding, the design is considered to be satisfactory based on the following reasons:

 

·      The proposal involves the extension of the existing ground floor level to accommodate a new living area. The proposed rear extension is not considered to be of an excessive dimension and will provide suitable living amenity for the occupants. The southern elevation for this level is also articulated with window openings and louvre screening devices, and will not result in a continuous blank structure.

 

·      Given the narrow allotment width of the site of 6.68m to 6.73m, the reservation of a 1.5m southern side setback for the ground floor level will detrimentally compromise the functionality of the living areas. It should be noted that the rear portion of the ground floor extension is also setback from the northern boundary by 1.34m in order to maximise separation from the adjoining dwelling to the north.

 

·      The reservation of a 1.5m southern side setback for the ground floor level will not achieve any significant reduction of shadow impacts on the adjoining property to the south.

 

·      As discussed in the paragraphs above, the proposed design will not result in unacceptable building bulk or visual impacts.

 

Semi-detached housing development

The top floor addition is partially contained within the existing roof space and is setback 12.3m from the front boundary (5.6m from the front wall, 7.7m from the outer edge of the verandah wall). The proposed scheme adopts a low profile skillion roof, which does not exceed the existing ridge level (being RL 37.02m).

 

The above design measures will ensure that the altered building is perceived as single-storey in height and that the top floor additions are not visually prominent in the streetscape. The development is not considered to unreasonably detract from the symmetry of the pair of semi-detached dwellings, and is satisfactory in this regard.

 

 

 

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

As existing, no changes to the front setback are proposed.

 

S2

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

16.6m to ground floor rear deck, complies.

 

S3

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

Lower ground floor: 1030mm, complies.

 

 

S3

Side setbacks be 1.5m at second floor level.

Ground floor: 1030mm, does not comply.

 

S3

Side setbacks be 3.0m at third floor level.

First floor: 2580mm, does not comply.

 

 

 

Side setbacks

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

 

The proposed ground and first floor levels fall short of the required side setbacks by 470mm and 420mm respectively, and do not comply with the preferred solutions. Notwithstanding, the proposal is considered satisfactory based on the following reasons:

 

·      Given the presence of a 2.745m wide shared right of carriageway, the proposal will maintain a separation between the subject and adjoining buildings (No. 18) of 2.86m at ground level. The top floor will be separated from the northern wall of No. 18 (measured horizontally) by 4.41m. The extent of separation achieved is considered to have maximised natural light access, ventilation and privacy between dwellings, given the semi-detached development pattern in the immediate surroundings.

 

·      The allotment has a limited width of 6.68m to 6.73m. The proposed lower ground and ground floor extensions aim at continuing the side wall alignments of the existing dwelling. The ground level external walls will rely on the structural support from those on the level below.

 

The proposal has incorporated screening devices and obscured glass for all ground level south-facing windows. The strict compliance with the preferred solutions will significantly affect the functionality of the main living areas and unnecessarily adds to the complexity of the structural design, whilst achieving minimal improvements to privacy protection.

 

The proposed first (top) floor addition will be setback 2.58m from the southern property boundary. A specific condition will be recommended to require appropriate privacy protection measures to be incorporated to minimise overlooking from the south-facing windows on this level. Subject to the above condition, the proposed setback for the first floor addition is considered satisfactory.

 

·      As will be discussed in the following sections, the proposed design will allow a reasonable level of solar access for the existing dwelling at No. 18 Melody Street and any possible first floor additions to the aforementioned adjoining property.

 

·      The degree of the shortfall is considered to be minor in nature and will not result in significant additional amenity impacts upon the adjoining property in terms of solar access and privacy.

 

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.

Lower ground floor

The lower ground floor contains minimal window openings on the southern elevation. No significant privacy issues will result.

 

Ground floor

All of the south-facing windows on the ground floor level are either consisted of obscured glass or are provided with screening devices. The above design features will minimise overlooking into the adjoining property.

 

First floor

The first (top) floor level contains clear glass window openings attached to the bedroom, walk-in-wardrobe, ensuite bathroom and study areas. The above windows are capable of overlooking the existing north-facing windows of No. 18 Melody Street, and any possible northern windows on a future first floor addition. Therefore, a specific condition is recommended to require the fixed portions (excluding the operable louvre windows) of the above windows to be consisted of obscured glass to minimise any adverse visual privacy impacts.

 

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 ground and first floor rear decks will result in oblique overlooking of the rear yard areas of the 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.

The proposed south-facing window to the lower ground family room area has sill height set at 1.8m from the finished floor level. Complies.

 

S3

Buildings comply with AS 371 and AS 2107.

The proposed alterations and additions are considered to have incorporated appropriate materials to minimise adverse acoustic impacts on adjoining properties.

 

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.

 

The ground floor level deck is attached to the main living and dining areas and has a dimension of 4m (width) x 3m (depth). Privacy screens will be installed along both the northern and southern elevations of the deck. A specific condition is recommended to specify the design and configuration of the screens to ensure a minimum of 50% of opaqueness.

 

The above deck is anticipated to be used for passive recreational purposes on a daily basis. However, ground level decks are currently present at the subject and adjoining properties:

 

No. 16: rear / side deck, finished level RL28.70m

No. 16A: rear deck, finished level RL30.84m

No. 18: rear deck, finished level RL29.11m

 

Therefore, the presence of ground level rear decks is not considered to detract from the anticipated acoustic amenity of the adjoining properties in the immediate surroundings.

 

The first floor rear deck has a limited width of 2.5m. The deck is accessible from the bedroom areas and is intended for passive, low-intensity recreation purposes, which will not generate significant levels of noise. Privacy screens will be installed along both the northern and southern elevations of the deck to minimise overlooking into the rear private open space of the adjoining properties. Given the elevated position of the deck, a specific condition is recommended to require the privacy screens to be extended across the return to the western elevation by 0.5m, in order to further limit the angle of view.

 

Despite the provision of side screening, it is acknowledged that oblique overlooking into the adjoining rear courtyards is still possible. Notwithstanding, the subject property is situated within that section of Melody Street, which is predominantly characterised by semi-detached dwellings. It is noted that both No. 16 and No. 18 Melody Street have provided ground and/or upper level decks that are oriented towards the rear. Given the existing development pattern and dimension of the site, complete obstruction of views is highly difficult, if not impossible to achieve. In this instance, appropriate privacy screens will be required by specific conditions of consent. Therefore, the proposal is considered acceptable, subject to conditions.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are 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.

To be required by 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.

The development includes 3 bedrooms and is required to provide 2 car spaces. The proposal incorporates a single garage and does not comply with the parking rate control.

 

The existing dwelling does not provide any on-site parking spaces. Given the constraints of the existing building structures, the provision of a single garage to satisfy the parking demand of the development is considered acceptable.

 

S1

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

A Deferred Commencement condition is recommended to require further amendments to the proposed garage configuration to ensure safe and efficient manoeuvring of vehicles. Satisfactory, subject to condition.

 

S1

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

The proposal will rely on an existing right of way of 2.745m in width for access purposes.

 

S1

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

The proposal will rely on an existing right of way for access purposes.

 

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 gradient of the existing right of way is considered suitable for vehicular access, subject to minor regrading works being undertaken within the subject allotment.

 

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 car parking facility is located on the side elevation of the building and is not prominently visible from the street. Complies.

 

S2

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

Not applicable.

 


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.

No changes to the existing front fencing are proposed. Not applicable.

 

 

S1

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

No changes to the existing front fencing are proposed. Not applicable.

 

 

Foreshore Development

Not applicable.

 

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.

The rear courtyard of the site will receive more than 3 hours of 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.

There is only 1 northern window attached to the ground floor living room of the dwelling. Given the semi-detached configuration of the building, the proposal is considered satisfactory in this regard.

S9

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

A substantial proportion of the northern roof pane of No. 18 Melody Street will continue to enjoy unobstructed solar access throughout the day on 21 June. The proposal will not unreasonably overshadow any future solar collectors on the rooftop of the adjoining property at No. 18 Melody Street.

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.

Does not comply. Refer to discussion under the “Environmental Assessment” section of this report.

 

 

 

S9

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

Complies. Refer to discussion under the “Environmental Assessment” section of this report.

 

 

 

 


9.2    Section 94A Development Contributions Plan

The Section 94A Development Contributions Plan, effective from 2 July 2007, is applicable to the proposed development. In accordance with the plan, the following monetary levy is required:

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

*$392,927.27

 

1.0%

$3,929.27

 

*Note: Total development cost $452,727.27 minus cost of external work $59,800 = $392,927.27

 

10.    Environmental Assessment

 

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

 

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

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008 and the draft SEPP: Application of Development Standards 2004.

 

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

Refer to the “DCP” section of this report.

 

 

Section 79C(1)(a)(iiia) – Provisions of any Planning Agreement or draft Planning Agreement

 

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 Regulation requires the consent authority to consider relevant Australian Standards relating to the demolition of structures. Accordingly, a specific condition is recommended for imposition to require compliance with Australian Standard 2601.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspect of a building. Accordingly, appropriate conditions are recommended to address the above matters.

 

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

The proposed development is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site is located within an area, which is characterised by a mixture of detached, semi-detached and multi-unit residential developments. The site has sufficient dimension to accommodate the proposed structures. 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 submissions have been addressed in 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. Accordingly, the proposal is considered satisfactory in public interest terms.

 

10.1  Building bulk and scale

In the case of Veloshin v Randwick Council [2007] NSWLEC 428, Senior Commissioner Roseth made a set of planning principles in relation to assessment of height, bulk and scale, which are addressed as follows:

 

The appropriateness of a proposal’s height and bulk is most usefully assessed against planning controls related to these attributes, such as maximum height, floor space ratio, site coverage and setbacks. The questions to be asked are:

 

·      Are the impacts consistent with impacts that may be reasonably expected under the controls? (For complying proposals this question relates to whether the massing has been distributed so as to reduce impacts, rather than to increase them. For non-complying proposals the question cannot be answered unless the difference between the impacts of a complying and a non-complying development is quantified.)

 

How does the proposal’s height and bulk relate to the height and bulk desired under the relevant controls?

 

Comments

The application has included elevational shadow diagrams that indicate the potential shadow impacts on the north-facing windows of No. 18 Melody Street, should the first floor addition be deleted from the proposal. It is noted that there are no material differences in shadow impacts between the scenarios of including or excluding the proposed first (top) floor addition.

 

The revised design scheme achieves full compliance with the FSR standard stipulated in the DCP. The proposed three-storey stepped built form solution is considered to have minimised visual bulk and will not result in unreasonable shadow impacts on the neighbouring properties.

 

·      Where the planning controls are aimed at preserving the existing character of an area, additional questions to be asked are:

 

Does the area have a predominant existing character and are the planning controls likely to maintain it?

 

Does the proposal fit into the existing character of the area?

 

Comments

The Objectives for Height, Form and Materials controls under Section 4.3 of the DCP include:

 

·    To ensure developments are not excessive in height and scale but are compatible with the existing character of the locality.

·    To ensure additions to dwellings do not detract from the individual character and appearance of the existing dwelling.

·    To ensure buildings enhance the predominant neighbourhood and street character

 

Specifically, Preferred Solution S5 requires “the second storey portion of a semi-detached dwelling being confined within the existing roof space or setback from the front elevation behind a substantial portion of the existing roof form and the design respecting the symmetry of the adjoining semi-detached dwelling.”

 

Therefore, it can be established that the planning controls contained in the DCP aim to protect the existing character of the locality, whilst allowing opportunities to enhance the predominant neighbourhood character via appropriate design solutions. The existing developments at Nos. 16 to 28 Melody Street are characterised by Federation style semi-detached dwellings with pitched gable, tiled roofing and front verandah features.

 

The proposed top floor addition is partially contained within the existing roof space and is setback 12.3m from the front boundary (5.6m from the front wall, 7.7m from the outer edge of the verandah wall). The proposed scheme adopts a low profile skillion roof, which does not exceed the existing ridge level (RL 37.02m). The above design measures will ensure that the altered building is perceived as single-storey in height and that the top floor additions are not visually prominent in the streetscape.

 

There are no proposed changes to the street façade of the existing building.

 

Therefore, the proposal is not considered to detract from the character of the existing period buildings in the immediate vicinity of the site.

 

·      Where the planning controls are aimed at creating a new character, the existing character is of less relevance. The controls then indicate the nature of the new character desired. The question to be asked is:

 

Is the proposal consistent with the bulk and character intended by the planning controls?

 

Comments

The planning controls contained in the DCP aim at protecting, and where possible, enhancing the existing character of the locality.

 

·      Where there is an absence of planning controls related to bulk and character, the assessment of a proposal should be based on whether the planning intent for the area appears to be the preservation of the existing character or the creation of a new one. In cases where even this question cannot be answered, reliance on subjective opinion cannot be avoided. The question then is:

 

Does the proposal look appropriate in its context?

Note: the above questions are not exhaustive; other questions may also be asked.

 

Comments

The proposal will maintain a single-storey presentation to Melody Street and will not detrimentally detract from the existing streetscape character.

 

The proposal will present as a 3-storey building as viewed from the rear. However, the stepped built form means that the full height and scale of the development will only be fully perceived when a person is standing close to the rear property boundary of the subject and adjoining sites.

 

The development scheme is considered to have incorporated suitable measures to minimise the visual scale and bulk of the structures despite the non-compliance with the external wall height and side setback provisions. Overall, the architectural character and form of the proposal are considered to be satisfactory having regard to the context.

 

10.2  Solar access

 

Shadow impacts on the north-facing windows of No. 18 Melody Street:

All of the north-facing windows of No. 18 will be overshadowed between 9 am and 3 pm on 21 June.

 

It is noted that the existing north-facing kitchen and living room windows currently receive direct solar access at 12 noon and 3 pm on 21 June.

 

Shadow impacts on the principal private open space of No. 18 Melody Street:

Direct solar access to more than 50% of the rear courtyard areas of No. 18 is retained between noon and 3 pm on 21 June.

 

The acceptability of the anticipated shadow impacts are assessed as follows:

 

·      The subject locality is characterised by a mixture of detached, semi-detached and residential flat developments. At present, Nos. 16 to 28 Melody Street are occupied by semi-detached dwellings. The subject and adjoining allotments slope from the street to the rear and are oriented in an east-west direction.

 

Given the compact development density and subdivision pattern in the immediate locality, it is considered highly difficult, if not impossible, to retain solar access to the north facing windows of the adjoining property to the south at No. 18, without significantly limiting the development potential of the site.

 

·      It is noted that direct solar access to the north-facing kitchen and living room windows of No. 18 is currently available at noon and 3pm on 21 June. The proposed development will completely overshadow all north-facing windows on the winter solstice.

Following the development, the west facing living room windows and glazed doors will receive unobstructed direct solar access at 3pm on 21 June. Direct solar access will be available to the rear deck from noon onwards on 21 June. It is considered that a satisfactory level of solar access will continue to be available to the principal living areas of No. 18. 

 

·      The revised design scheme achieves full compliance with the FSR standard stipulated in the DCP. However, the proposal will result in breaches against the external wall height and side setback requirements.

 

The application has included elevational shadow diagrams that indicate the potential impacts on the north-facing windows of No. 18, should the first floor addition be deleted from the proposal. It is noted that there are no material differences in shadow impacts between the scenarios of including or excluding the proposed first (top) floor addition.

 

The proposed three-storey stepped built form solution is considered to have minimised visual bulk and will not result in unreasonable shadow impacts on the neighbouring properties.

 

·      More than half of the areas of the west facing windows / glazed doorways of No. 18 will receive direct solar access at 3pm on 21 June.

 

More than 50% of the rear courtyard areas will receive direct solar access between noon and 3pm on 21 June. (Direct solar access to a strip of the rear courtyard is available at 9am on 21 June)

 

·      The proposed landscape design includes a single row of Bambusa gracilis textiles and Yucca elephantipese along the perimeter of the rear courtyard, which would have a mature height of 5m to 6m. The above species and planting layout are not considered to create a highly dense foliage barrier to solar access.

 

A 1800mm high masonry boundary wall will be erected along the perimeter of the rear courtyard. A specific condition is recommended to require adequate stepping of the wall to respect the contour of the land and minimise visual bulk. Additionally, the submitted shadow diagrams show that the proposed boundary wall will not unreasonably overshadow the adjoining private open space.

 

·      The applicant has submitted additional information, which indicates that direct solar access will be available to any north-facing windows of a future first floor addition to No. 18 Melody Street on 21 June. The proposal is considered satisfactory in this regard.

 

In conclusion, it is considered that the constraints imposed by the existing subdivision pattern will preclude the satisfaction of the preferred solution stipulated in the DCP relating to preservation of solar access to northern side windows. To require the strict compliance with the preferred solution will unreasonably suppress the development potential of the site.

 

11.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:    Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction:    Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

 

12.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 

13.    Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of Development Control Plan – Dwelling Houses and Attached Dual Occupancies, and will not result in unreasonable adverse impacts upon the adjoining premises or the character of the locality as a whole.

 

The Development Engineer considers that the tight dimensions of the proposed garage and turning paths in and out of the parking area will present difficulties for vehicular movements. Therefore, a Deferred Commencement condition is recommended so that further amendments to the parking design for rectifying the above problems will be undertaken, prior to an operational consent being issued.

 

Recommendation

 

A.     That Council, as the consent authority, grants development consent by “Deferred Commencement” under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/964/2007 for alterations and additions to an existing semi-detached dwelling, including construction of a new first floor level, rear decks, a single garage, an in-ground swimming pool and associated landscape works, at No. 16A Melody Street, Coogee, subject to the following conditions:

 

Deferred Commencement Condition

The consent is not to operate until the following information/materials/amendments have been submitted to, and approved by, Council’s Director of City Planning:

 

1.   Prior to issuing development consent for the proposed garage with turntable, the applicant is to submit to Council for approval, and have approved, full design details demonstrating that there are sufficient clearances, together with maneuvering areas, for standard vehicles to use the turntable as proposed.

 

The applicant must submit the following details, as a minimum, for approval by Council:

 

§   Garage Plan showing turntable dimensions and clearances.

§   Vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§   Letter from the vehicle turntable manufacturer stating that the garage and turntable proposed by the applicant will supply satisfactory clearances for vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§   Turning paths from the Right of Way into the proposed garage and from the proposed garage out onto the Right of Way using turning path for B85 Design Template -5.8m radius. (See figure B5 of AS/NZS 2890.1:2004).

§   Details and extent of any level changes to the Right of Way so as to provide access to the proposed garage.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

Development Consent Conditions

B.     Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of City Planning, development consent is granted under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, subject to the following conditions:

 

Conditions of Consent

 

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

 

1.       The development must be implemented substantially in accordance with the following plans:

 

Plan Number

Dated

Received

DA/01/A

11-06-08

23 June 2008

DA/02/A

11-06-08

23 June 2008

DA/03/A

11-06-08

23 June 2008

DA/04/A

11-06-08

23 June 2008

 

, prepared by Form Architecture, the application form and any supporting information received with the application, except as may be amended by the details approved pursuant to the Deferred Commencement condition, and 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.       The materials and colour of the roofing to the proposed additions are to be compatible with the existing roof structures.

 

4.       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.

 

5.       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.

 

6.       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.

 

7.       Street numbering must be provided to the premises in a prominent position, in accordance with Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development.

 

8.       The premises is to be used as a single residential dwelling only at all times and must not be used for dual or multi-occupancy purposes.

 

9.       Fences / walls located on the side or rear boundaries of the premises shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

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.

 

10.     The proposed south-facing windows on the first (top) floor level (being W17, 18, 19, 21 and 22 as shown on the approved drawings), with the exception of the operable louvre windows, are to be constructed of obscured / translucent / frosted glazing. Details demonstrating compliance with the above requirements are to be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority.

 

11.     Louvred privacy screens of 1800mm in height, as measured from the finished floor level, are to be installed along the northern and southern elevations of the ground floor rear deck.

 

The louvres shall be angled and spaced in order to protect the privacy of the adjoining properties at Nos. 16 and 18 Melody 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.

 

12.     Louvred privacy screens of 1800mm in height, as measured from the finished floor level, are to be installed along the northern and southern elevations of the first (top) floor rear deck. In addition, each of the screens is to be extended across the return to the western elevation by 500mm.

 

The louvres shall be angled and spaced in order to protect the privacy of the adjoining properties at Nos. 16 and 18 Melody 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.

 

13.     The proposed screening devices for the south-facing windows on the ground floor level (being W11, 12, 13 and 14 as shown on the approved plans) shall have the louvres angled and spaced in order to protect the privacy of the adjoining property at 18 Melody Street.

 

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

 

14.     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:

 

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

       

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

*$392,927.27

 

1.0%

$3,929.27

       

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 Plan 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:

 

16.     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.

 

17.     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.

 

18.     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)

 

19.     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 group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

20.     Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

21.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

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

 

22.     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.

 

23.     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.

24.     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.

 

25.     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.

 

26.     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.

 

27.     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”.

 

28.     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.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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:

 

33.     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.

 

34.     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.

 

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

 

a.       Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

c.       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.

 

d.       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.

 

e.       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.

 

f.        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.

 

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

 

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

 

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

 

37.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

39.     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.

 

40.     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.

 

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

 

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.

 

42.     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.

 

43.     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. 

 

44.     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:

 

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

 

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

 

46.     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.

 

47.     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 is 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.

 

48.     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:

 

49.     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.

 

50.     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 ensure that no vibration nuisance will result from the proposed development:

 

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

 

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

 

52.     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.

 

53.     The applicant is to meet all costs associated with reconstruction of the Right of Way which is needed to provide satisfactory vehicle access along the Right of Way.

 

The following condition is applied to provide adequate consideration for service authority assets:

 

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

 

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

 

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

 

56.     Landscaping at the site shall be installed in accordance with the Landscape Concept Plan by Anthony Wyer Landscape Design, drawing number A, job number 1024, revision 2, dated 30/10/07, prior to the issue of a final occupation certificate, and shall be maintained in accordance with these plans.

 

Tree Protection Measures

 

57.     In order to ensure retention of the Agonis flexuosa (Willow Myrtle) street tree located on Council’s Melody Street nature strip, to the north of the existing vehicle crossing 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 must show retention of this existing street tree, with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located along the back of the kerb/on-street parking bay to its east, back of the pedestrian footpath to its west, as well a distance of 3.5 metres to its south and 3 metres to its north (measured off the outside edge of its trunk), in order to completely enclose this tree for the duration of the works.

 

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

 

d.       Within the zone specified in point ‘b’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e.       The applicant is not authorised to perform any works to this tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work.

 

f.        A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $1000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

   QUANTITY

        SPECIES       

   AMOUNT

One

Agonis flexuosa (Willow Myrtle)

$1000.00

 

TOTAL

$1000.00

 

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

 

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

 

58.     In order to also ensure retention of the Eucalyptus robusta (Swamp Mahogany) located centrally within the rear yard of the 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, with spot levels to confirm that other than for the installation/construction of the proposed structures, existing soil levels beneath the extent of its canopy will be maintained.

 

b.       The construction certificate plans must also confirm compliance with one of the following options:

 

i)        All parts of the pergola roof shall be setback a minimum distance of 2.5 metres from the outside edge of the trunk of this tree when measured a distance of 1 metre above ground level;

 

ii)       The deck can be constructed as shown, but shall remain uncovered, with the pergola/roof structure to be completely deleted;

 

iii)      An alternative, temporary structure (which does not have an eave, gutter or vertical wall alignment), such as shade sail or similar, can be provided in place of the roofed pergola, for the full extent of the deck.

 

NOTE: The above condition has been included as should construction proceed as shown, sub-clause 4.b.vi, of Council’s Tree Preservation Order (TPO) would allow the applicant to remove this tree at any time, without obtaining any type of consent or approval from Council, due to its close proximity to the pergola upon completion, with the retention of such native trees a priority for Council given their contribution to the environment.

 

c.       Prior to the issue of a construction certificate, a Construction Management Plan (CMP) shall be submitted to, and be approved by, the PCA (with a copy to be forwarded to Council if not the PCA prior to commencement), which shows that no site soil, spoil or any materials will be stored or stockpiled within 3.5 metres of the outside edge of its trunk for the duration of the proposed works, with details of the type of machinery to be used, and where it will be sited during the course of works, ie; in Melody Street, the Right of Way or within the rear yard, also to be shown to ensure sufficient room for access and manoeuvring.

 

d.       The trunk is to be physically protected by 2m lengths of 50mm x 100mm hardwood timbers, spaced at 150mm centres, and secured by 8 gauge wires or steel strapping at 300mm spacing, laid over geo-textile, underfelt or layers of Hessian, with woodchip mulch to a minimum depth of 75mm to be provided at ground level for a radius of 3.5 metres off the outside edge of its trunk.

 

e.       The measures described in point ‘d’ above, shall be provided prior to the commencement of any site works, and shall be maintained until such time as the turf is being laid in the rear yard, with Council’s Landscape Development Officer to be contacted on 9399-0613 to arrange a site inspection to confirm implementation.

 

f.        Any excavations associated with the length of the eastern edge of the proposed pool, as well as the masonry fence proposed along the southern boundary and footings for the rear deck, within a distance of 4 metres from its trunk, must initially be undertaken by hand (to a minimum depth of 600mm), with any roots having a diameter of less than 75mm to be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as possibly possible.

 

g.       Prior to the pruning of any roots as described above, and prior to the pouring of any footings/structures in the three subject areas, Council’s Landscape Development Officer MUST be contacted on 9399-0613, giving at least two week days notice to arrange an inspection of the trenches and any roots encountered, with those roots having a diameter of 75mm or more to be retained, and any re-designs undertaken to ensure their preservation.

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

 

 


Ordinary Council

26 August 2008

 

 

 

Director City Planning Report No. CP42/08

 

 

Subject:                  253 Bunnerong Road, Maroubra

Folder No:                   DA/449/2008

Author:                   Gerard Turrisi, GAT & Associates Pty Ltd     

 

Proposal:                     Alterations & additions to an existing dwelling including a new first floor and the demolition of an existing fibro garage and the construction of a new laundry/store room to rear of the dwelling as an outbuilding.

 

Ward:                      Central Ward

 

Applicant:                Archivision

 

Owner:                         Mr P K Jugow and Ms J A Hartshorn

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

 

1.    Executive Summary

 

The application is referred to Council as the owner of the subject site is a Council employee.

 

The proposal involves alterations and additions to an existing dwelling house to provide for a new second storey level.

 

The Development Application was publicly notified between 2 July 2008 to 16 July 2008. No objections were received.

 

The proposal is satisfactory and creates no unreasonable impacts. A variation is sought to Council’s floor space and setback preferred solutions however these non-compliances are considered acceptable under the circumstances of the case.

 

Accordingly, the Development Application is recommended for approval.

 

2.    The Proposal

 

It is proposed to undertake alterations & additions to an existing semi detached dwelling. The proposal involves a ground floor addition to its the north thereby removing the driveway along this boundary. The ground floor addition only occurs to the rear section of the building along this boundary. This provides for an extended open plan kitchen/living and dining area that opens out to the rear courtyard. A new bathroom is also proposed including a staircase to the upper level addition. The front two bedrooms and entry area remains unaltered by this proposal.

 

The proposal also entails a new first floor addition over the rear section of the dwelling. The first floor addition provides for an additional three bedrooms and new bathroom. Bedroom number 1 will also make provision for a walk in robe and ensuite.

 

The existing detached garage is to be demolished and replaced with a new outbuilding that contains a laundry and storeroom.

 

An open car space is available on site off the side verandah.

 

The proposal entails the use of timber windows to the street elevation to match the detailing of the existing street elevation. The windows and bifold doors to the side and rear elevations will be aluminium. The proposed additions will be rendered and painted to match in with the existing part of the dwelling that is retained. The roof is to be terra cotta to again match in with the existing roof. The rear courtyard is to be covered in part by a new rear pergola that is to be roofed.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Bunnerong Road between Boyce Road and Mason Street in Maroubra and is presently occupied by an existing single storey semi detached dwelling. 

 

The site has a frontage width of 7.81m, a side boundary depth along its southern boundary of 33.26m and a northern boundary of 33.285m. The site has an overall site area of 253.9 m².

 

Neighbouring the property to the north is a part single and part two storey building containing two semi detached dwellings, to the south is a single storey semi detached dwelling that forms part of this building and to the rear is a two storey dwelling.

 

The surrounding area is residential in character and consists of a mixture of single and two storey developments.

 

4.    Site History

 

There is no recent history associated with this site other than a 1923 subdivision approval which created the subject site.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the Development Control Plan – Public Notification.

 

There are no letters of objection or support lodged for this proposal.

 

6.    Technical Officers Comments

 

The application involves alterations and additions to an existing dwelling. Appropriate engineering conditions have been imposed as part of this approval.

 

Under the building code of Australia, the classification of the building is: -

 

Dwelling House                          – Class 1a

Non-habitable building/structure   – Class 10a/10b

 

7.    Master Planning Requirements

 

There are no master planning requirements associated with this application.

 

8.    Relevant Environmental Planning Instruments

 

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

 

8.1 Statutory Controls

 

(a)    Randwick Local Environmental Plan 1998

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

The proposed work is permitted with the consent of Council.

 

As required under clause 22 of RLEP 1998, the site has available to it all the necessary services, evident by the existence of the existing dwelling.

 

(b)    State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

SEPP: 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 greater than 40,000 litres

 

The proposal is for alterations and additions valued over $50,000 and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP.  The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

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

 

(c)  State Environment Planning Policy No 55- REMEDIATION OF LAND

 

Clause 7 of the State Environmental Planning Policy No. 55 – Remediation of Land requires Council to consider whether land is contaminated prior to granting consent to the carrying out of any development on that land.

 

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

 

The site history indicates a history of a residential nature. Therefore it is not likely that the site has experienced any contamination.

 

In accordance with State Environmental Planning Policy No. 55, Council is able to conclude that no further assessment of contamination is necessary.

 

8.2 Policy Controls

 

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

The DCP for Dwelling Houses and Attached Dual Occupancies states that a proposal is deemed to satisfy the Objectives and Performance Requirements of the DCP if it complies with the corresponding Preferred Solutions. 

Therefore, the tables below assess the proposal against the Preferred Solutions, and where non-compliance results, assessment is made against the relevant Objectives and Performance Requirements. 

Landscaping

 

Preferred Solution

Assessment

S1

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

40.4 % of the site is landscaped area.

S1

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

The rear yard has an area of 43sqm. Complies

S1

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

The above area has dimensions of 8.5 x 5.1 metres. Complies.

S1

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

The above area is located in the rear yard. Complies

S6

20% of the total site area has permeable treatment.

23% of the site is permeable. Complies

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

The proposal is consistent with Council’s objectives and performance requirements in relation to landscaping.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.65:1 applies. 

The proposed FSR is 0.82:1. The proposal hence does not comply – see assessment below.

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

The proposed addition does not significantly alter the existing building footprint. In fact the landscaped area has been improved given the removal of the driveway in part along the northern boundary, which is excluded from the landscape calculations.

The proposed second floor has been integrated in the design of the building. The second level has been sited so it is recessed from the front elevation being a further 8.2 metres.

The proposed design is also similar in design to a first floor addition constructed two doors to the north of this site. The site is also adjoined to its eastern boundary by a two storey building and therefore, it is considered that the proposed bulk and scale is in keeping with character of the area.

As will be detailed in other sections of this report, the design creates no unreasonable impacts in terms of privacy or overshadowing.

Accordingly, a variation to this standard under the circumstances of the case is considered acceptable.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed alterations and additions dwelling has a maximum external wall height of 6.6 metres. Complies

S1

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

The proposed outbuilding has a maximum height of 3.2 metres. Complies.

S3

Cut or fill does not exceed 1m.

There is no cut or fill proposed other than footings associated with the outbuilding. Complies.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

The entire southern elevation of the proposed dwelling is built to the boundary, as this forms part of the party wall of the adjoining semi detached dwelling. The length of wall varies in height from 300mm for a length of 5 metres to a maximum height of 3.9 metres at its end. The length of wall that is generally projected beyond the existing roof is only 7.5 metres. Therefore, the intent of the standard is meet. This approach is consistent with the roof form of the neighbouring semi detached dwelling to the north, as previously stated. Accordingly, the proposal complies.

S5

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

The second storey has a setback from the main street elevation of approximately 8.2 metres. The pitch of the roof reflects the proportions of the existing building. The design does respect the adjoining semi by ensuring the pitch starts at a height generally the same as to the ridge of the building. That is the wall of the second storey as viewed from the street is not greater than the existing ridge. Accordingly, the proposal complies.

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.

The relevant Performance Requirements are that the height of buildings should relate to those in the existing streetscape and the topography; buildings be designed to enhance the existing desirable built form character of the street by adopting where relevant characteristics of mass and proportion, materials and finishes, roof form and pitch, facade articulation, window and door location and proportions, and verandahs, eaves and parapets; with respect to additions to semi-detached dwellings they integrate with the attached dwelling; and views are shared.

The proposal accords with the relevant performance standards reinforced by its compliance with the numerical standards contained within this section of the Development Control Plan.

The building in terms of its finishes, roof form and window proportions are all in keeping with the character of the area and particularly to the adjoining semi.

As previously detailed, the building in terms of height is compliant. Solar access and privacy are all considered to be acceptable.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The existing dwelling has a minimum set back of 3.2 metres from the front boundary. This remains unchanged. The new first floor is a further 8.2 metres. The setback proposed of the second storey is also consistent with the second storey setback of the neighbouring semi detached dwelling. Accordingly, the proposal is generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

The proposed second storey has a setback at its closest point of 8.2 metres from the rear boundary. Complies. The new outbuilding has a rear setback that is at its minimum 1.7 metres. Given that the outbuilding is single storey and the outbuilding replaces an existing garage, which has a setback to the rear boundary of 600 mm, the proposal is deemed as an improvement.   

S3

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

The proposed outbuilding is being built to the side boundary. This is considered acceptable as the existing garage is currently built to this boundary. Thus the new outbuilding generally retains the status quo to the neighbour. The ground floor of the additions to the dwelling has a side setback of 900mm.Accordingly the proposal complies.

S3

Side setbacks be 1.5m at second floor level.

The proposed development is set back 1 metre from the side boundary, as the other is a party wall. The proposal hence does not comply – see assessment below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

The notable non-compliance relates to the northern side boundary setback. The proposal provides for a setback of 1 metre, while the Development Control Plan requires 1.5 metres. Given that this non-compliance occurs to the northern boundary, there will be no additional impacts created in terms of overshadowing or the like to the adjoining properties.

Accordingly, a variation is considered acceptable under the circumstances of the case.

 

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 does not have any habitable room windows that overlook those of adjoining dwellings within 9 metres. Complies.

S1

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

Fencing to the boundary provides screening to the ground floor. The first floor widows look out onto the street and roof to the side boundary. The rear elevation windows have no direct overlooking and complies the 45 degree angle.

S1

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

The proposed windows do not create an impact in terms of privacy. Accordingly, there is no need to have window sills at 1.5metres.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

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

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

The proposed positioning of the windows will not have an impact to neighbours in terms of privacy. The proposal meets the preferred solutions identified under the DCP. Accordingly the objectives of the standards are meet.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The front door currently faces the street. No changes proposed. Complies.

S1,3

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

The proposed addition has windows that overlook the street, including existing windows at ground level. Complies.

S2

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

Currently exists no changes proposed.

 

The Objectives and Performance Requirements of the DCP seek to ensure that a safe physical environment and crime prevention is promoted through design, including that buildings are designed to face the street and other public areas to provide for surveillance; dwellings and their entrances are readily identifiable by street numbering and design of front fences; and landscaped areas allows for safe access to the dwelling.

As detailed in the above table, the proposal meets Council’s requirements

 

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The existing dwelling has only 1 car space. Although the proposal demolishes the existing garage, the proposal shows the provision of a space within the driveway and given the location of the front verandah, access to the car by the driver is available.  Although the plans show one space, the additional number of bedrooms requires two spaces. The plan show there is able space to provide a second space in the form of a stacked car space. Hence the proposal is compliant in being able to provide two spaces. A condition of consent will be imposed, which requires the provision of a second space. Complies.

S1

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

The dimensions of the parking spaces are 2.35 metres X 5.5 metres. The proposal does not comply – see assessment below

S1

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

The proposed driveway is 2.35 metres wide and abuts the side boundary. The proposal does not comply – see assessment below

S1

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

The proposed driveway is 2.35 metres at the front boundary. Complies.

S1

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

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

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Not applicable – no structures are proposed.

S2

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

The existing driveway occupies about 30% of the width of the site frontage. The proposal thus complies.

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

The proposed car space is to be located along an existing driveway. In view of this, the car width available is only 2.35 metres. This non compliance is considered acceptable as the space abuts the side verandah, which is at a finish floor level marginally greater than the driveway level. In view of the small step between levels, doors can be open into the verandah. In view of this, access to the car space is available notwithstanding the numerical non compliance. The proposed second space has greater width as it can be sited between the front building line and front boundary and thus has no physical obstruction.

The proposal also fails to comply with the requirements that the driveway needs to be 3 metres in width and have a setback of 1 metre from a side boundary. The driveway is existing and is only 2.35 metres wide. In view that this is an existing situation, variation is considered acceptable.

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

Not applicable.

S1

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

Not applicable.

There are no changes proposed to the front fence.

 

Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

Not applicable.

P2

Building form, colour, materials and finishes are sympathetic.

Not applicable.

P3

Stepped buildings on sloping sites are articulated.

Not applicable.

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Not applicable.

P5

Ancillary structures do not detract from the appearance of developments.

Not applicable.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

A BASIX certificate has been submitted with the application that demonstrates that the building achieves the required thermal performance.

S2

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

The proposed additions does not create any unreasonable overshadowing. The adjoining rear yards will receive almost the same amount of sunlight as the additional shadows cast general fall onto roofs of adjoining buildings rather than there rear yards. The current dwelling, given the existing garage, does not achieves 3  hours of sunlight. This proposal does not alter this circumstance. Complies.

S2,8

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

The proposal does not cast shadows to northern windows. 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 is acceptable as detailed above. Complies.

S9

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

The proposal does not cast shadows to northern windows. The proposal thus complies.

S9

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

The proposal is acceptable as detailed above. Complies.

 

Although the proposal in part does not comply with the numerical controls, when one compares the existing shadows to that proposed, the additional overshadowing has little impact onto the status quo. That is, there is currently non compliances.

 

The proposal thus allows adequate solar access to the site and its neighbours to satisfy the intent of the controls, which is to maximise solar access.

 

8.3 Council Policies

Section 94A Development Contributions:

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost

$100,001 - $200,000

 

$ 130,000

 

0.5%

 

$650.

Development Cost

More than $200,000

 

N/A

 

1.0%

 

N/A

 

An appropriate condition of consent is recommended.

 

9.    Environmental Assessment

 

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

 

The proposal meets the objectives and relevant development standards of the Local Environmental Plan.

 

There are currently no draft environmental planning instruments that are applicable to the site.

 

The proposal accords with the relevant sections of the Development Control Plan, except where specified, as detailed within this report.

 

The proposed development will not have an adverse impact on the natural environment. The area is characteristed by built forms. There is no loss of vegetation created by this proposal.

 

The built form of the proposed alterations and additions are in keeping with the character of the area.

 

There are no amenity impacts created by this proposal.