Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 12 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

12 August 2008

 

 

 

 

5 August 2008

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 12 August 2008 at 6:30pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 8 July 2008

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D40/08      1 Holmes Street, Maroubra

D41/08      5 Chatham Street, Randwick

Miscellaneous Reports

M4/08       Protocols and Advisory Guidelines for Enforcement Agencies under the Food Act 2003

M5/08       2007/08 Financial Result (Unaudited) and Carry Overs
   

Notice of Rescission Motions

Nil  

 

Closed Session

Nil

Notices of Rescission Motions

Nil

 

 

……………………………………………………

Ray Brownlee

General Manager


Planning Committee

12 August 2008

 

 

 

Development Application Report No. D40/08

 

 

Subject:                  1 Holmes Street, Maroubra

Folder No:                   DA/209/2008

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing dwelling.

 

Ward:                      Central Ward

 

Applicant:                D Kroser

 

Owner:                         A Kroser

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is referred to the Planning Committee meeting for determination at the request of Councillors Bastic, Seng and Andrews.

 

The application details substantial alterations and additions to the existing dwelling, including a new first floor, ground level deck, pergola at rear of dwelling and new car space at the front of the building.

 

The main issues are the assessment of any impacts of the development upon the amenity of the adjoining properties and the established character of the locality.

 

The application is recommended for approval.

 

1.    The Proposal

 

It is proposed to carry out substantial alterations and additions to the existing dwelling including new first floor, ground level deck and pergola at rear of dwelling and provision of a new car space to the front of the building. The alterations to the ground level will provide for a new kitchen and laundry and open plan dining and living areas leading to a patio with pergola above. The new upper level will provide for three bedrooms, a family room, study and two bathrooms. The proposed works will provide for 126m² of additional floor area to the dwelling.

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Holmes Street between Benvenue and Ian Streets and is presently occupied by an existing single storey free standing dwelling.  The site has a frontage width of 13.105m which is not inclusive of a drainage reserve sited within the existing boundary fencing which will effectively provide a frontage of approximately 18m. The subject site has varying side boundaries, being 24.385m to the western and 39.625m to the eastern side boundaries respectively. The overall site area is 419.4m².

 

Neighbouring the property to the west are the rear private open spaces of 4 properties which front Benvenue Street. To the east is a single storey detached dwelling separated from the subject site by the drainage reserve and a right of way. The surrounding area is predominately residential in character and consists of a mixture of single and two storey free standing and semi detached dwellings.

 

3.    Site History

 

The plans as originally submitted have been amended to delete reference to the new garage at the front of the dwelling and provide for a new car space to the north eastern corner of the site.

 

4.    Community Consultation

 

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

 


Owner/resident - 5 Benvenue Street

Issue

Comment

The close proximity of the proposed deck and pergola to the rear boundary of our property would cause a significant loss of privacy.

 

The proposed deck at the rear of the dwelling is essentially at ground level and is not elevated above the existing ground levels of the subject and adjoining properties and will not result in any significant loss of privacy to adjoining properties.

The proposed structure would tower above our garden area, creating a ‘blocked in’ feeling. The proposed works will impact significantly on the use and enjoyment of our own property.

The proposal complies with the majority of the preferred solutions of the DCP and if the first floor addition was required to be setback 1.5m it would not result in any appreciable benefits to the objectors use of their private open space.

The works would cause overshadowing and directly block the flow of light into our property.

 

The proposed development will cause overshadowing to the objectors premises during the morning hours from 9am to approximately 11am, from 11am the proposed development will not reduce solar access to the objector’s property or north facing windows.

The design is not in keeping with surrounding properties. There are no two storey homes in close proximity to this proposed structure and if approved, would only serve to dominate nearby residences reducing natural light, space and privacy and affect resale values of those properties.

It is considered the proposed design of the dwelling is acceptable, there are other examples of two storey dwellings and the significant width afforded to the site by the adjoining drainage reserve will mitigate any dominating impact.

The applicant has failed to display a DA notice in a prominent position therefore surrounding neighbours are unaware of the proposed development application.

A DA notice for works of this nature is not required by the DCP for Public Notification. In this instance the proposed development was notified correctly in accordance with the relevant legislation.

 

Owner/resident – 3 Benvenue Street Maroubra

Issue

Comment

The proposal will dominate the neighbourhood.

A second storey dwelling is permissible within the 2A zoned site.

Dominate the rear yard and open space of 3 Benvenue Street

Given the existing configuration of these sites and that the development largely complies with the preferred solutions of the DCP for Dwelling Houses the refusal of the application is not warranted

Dominate the view of 3 Benvenue street down the driveway

The view from the objector’s driveway is not a significant view in which case refusing the application or scaling it back is not warranted.

Development does not satisfy the following DCP guidelines:

See assessment in Section 7 in relation to compliance with the Development Control Plan for Dwellings and Attached Dual Occupancies.

Ecologically sustainable development – solar access

The proposal is considered acceptable with regard to the solar access and overshadowing from the objectors site. From approximately 10am the first floor addition is progressively moving away from the objector’s property.

Building side setbacks

If the proposal wasrequired to comply with the 1500mm setback it is not considered there would be any appreciable benefits to the objector’s premises.

Visual and acoustic privacy

No direct view is available to the objector’s habitable room windows or private open space from the proposed development.

 

Owner/resident – 1 Benvenue Street Maroubra

Issue

Comment

Height and size will limit morning sunlight

The proposed development will reduce solar access to the objector’s site however it is limited to the south eastern corner and after 9.30am there will not be any affects on the existing level of solar access enjoyed by the objector.

Invade privacy

No windows on the western elevation will allow for a direct view into the objectors private open space or habitable room window.

Double storey home will be out of character

The proposal is not out of keeping with the scale and bulk of dwellings allowed for under the Dwelling Houses and Attached Dual Occupancies DCP.

No development notice

A DA notice for works of this nature is not required by the DCP for Public Notification. In this instance the proposed development was notified correctly in accordance with the relevant legislation.

What is happening to the two evergreen trees

These trees are to remain within the drainage reserve

Assurances that no damage will be done to property

Relevant conditions are included which will seek to reduce the likelihood of damage to the objectors premises.

Removal of stump may have adverse impacts

Relevant conditions are included to ensure limits to damage and reinstatement to existing.

 

Owner/resident – 7 Benvenue Street Maroubra

Issue

Comment

Loss of privacy

The windows along the western elevation are highlight in style and therefore comply with Councils preferred solutions regarding visual privacy. The rear window although not complying with the preferred sill height is significantly setback from the objectors private open space and is not immediately in line with the objector private open space or habitable room windows. The proposal is considered acceptable with regard to the objector’s visual privacy concerns.

Loss of Mulberry tree and bird life

Council’s Landscape Officer has advised that the mulberry tree is an environmental weed and may be removed.

 

5.    Relevant Environmental Planning Instruments

 

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

 

6.    Technical Officers Comments

 

The application was referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided. Recommended conditions are included in the recommendation to this report.

 

Development Engineer

The application has been referred to Development Engineering for comment, conditions have been provided for inclusion with any consent granted.

 

Drainage Comments

In the initial assessment of this site by Council’s Development Engineer it was considered that a flood study would be required to establish the 1 in 100 year flood level for the site. Following more detailed consideration of the site, surrounds and drainage infrastructure it is now considered that a flood study is not required.

 

Standard stormwater drainage conditions have been included within this report.

 

Landscape Comments

There are no existing trees located within the site, (covered by Council's Tree Preservation Order), that will be affected by this proposal. There is a Chinese Weeping Elm street tree locating within the proposed driveway that will require removal should the application be approved. Approval is granted for removal of this tree. There is another Chinese Weeping Elm street tree located immediately west of the proposed vehicular crossing. This tree is a poor specimen which has suffered as a result of its close proximity to the other street tree. It is considered preferable for this tree to also be removed and for a single replacement tree to be planted at a suitably location to the west of the vehicular crossing. Conditions relating to removal of these street trees have been included within this report.

 

 

 

 

7.    Environmental Assessment

 

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

 

Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

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

45% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of 71m². Complies.

S1

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

The above area has dimensions of 6.5m x 11m. Complies.

S1

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

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

S6

20% of the total site area has permeable treatment.

35% of the site is permeable. Complies.

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area is that a maximum floor space ratio of 0.6:1 applies. 

The proposed FSR is 0.59:1. Complies.

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

The proposed dwelling has a maximum external wall height of 6.1m. Complies.

S3

Cut or fill does not exceed 1m.

Not applicable.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Due to the irregular shape of the allotment a portion of the rear of the dwelling will be sited less than 4m from the rear boundary, there are no objections however as the excavations at this point are to provide for new footings for the patio and pergola the extent of excavation will not be significant and is unlikely to result in any impacts upon the adjoining properties.

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

No change to the front setback of the dwelling.

 

S2

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

The proposed dwelling varies from 1.8m to 10.2m from the rear boundary.  Does not comply, see assessment below

 

S3

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

The proposed development is set back 900mm from both side boundaries. Complies.

 

S3

Side setbacks be 1.5m at second floor level.

The proposed upper level of the dwelling is sited 1200mm from the western and 2800mm from the eastern side boundaries, does not comply to the western side boundary, see discussion below.

 

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

 

With respect to the rear setback of the dwelling, the closest point of the dwelling is from the open pergola at the rear of the dwelling and that setback varies from 1.8m at the western side of the property to 10.2m at the eastern side. Given the open nature of the pergola and that for the most part the preferred solution minimum setback is satisfied there are no major objections to the setback at the closest point as there will not be any significant impacts upon the amenity of the rear of the adjoining properties.

 

With regards to the setback of the upper level from the western side boundary, this setback maintains the existing setback of the ground floor level, is consistent with nearby two storey dwellings and there would not be any appreciable difference in impacts to the adjoining dwellings in comparison with a complying preferred solution because of the distance between the subject and the adjoining dwelling which front Benvenue Street, which is 6500mm.

 

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.

The ground floor rear pergola does not overlook the rear yard areas of the adjoining properties. Complies.

S1

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

The proposal has windows with sill heights less than the preferred solution however they are sufficiently setback from neighbouring properties private open space or habitable rooms windows to not cause any significant adverse amenity impacts. Complies with performance requirements and objectives of the DCP.

S3

Buildings comply with AS 371 and AS 2107.

Conditioned to comply with the BCA.

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

The proposed does not have a front door facing the street.  Does not comply. See assessment below.

S1,3

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

The proposed dwelling has windows that overlook the street. Complies.

S2

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

Suitable condition included.

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.

The proposed main entry is to the side of the site and does not comply with the preferred solution. The non-compliance is considered acceptable on the basis that the proposal will maintain safety and security to the site and the public areas as it will have a habitable room window that overlooks the street.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposed driveway is 2.7 metres wide and is sited up to the eastern side boundary, there are no objections to the width of the car space and the side boundary setback of the car space as this adjoins the open drainage reserve and the driveway width is adequate to provide direct access to the car space.

S1

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

The proposed driveway is 2.7 metres at the front boundary. Complies.

S1

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

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

S2

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

The proposed car space occupies 20% of the width of the site frontage. Complies.

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

BASIX.

Complies.

S2

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

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

S2,8

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

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

S9

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

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

S9

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

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

S9

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

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

 

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

More than $200,000

$350,000

1.0%

$3,500.00

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed alterations and additions to the existing dwelling satisfy the relevant assessment criteria and will not result in any significant adverse impact upon the amenity of the adjoining dwellings or the character of the area.

 

For the above reasons the amended proposal is recommended for approval subject to conditions.

 

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/209/2008 for permission to carryout alterations and additions to the dwelling at 1 Holmes Street, Maroubra subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 12/08, sheets 1 & 2, dated 27/3/08 and received by Council on the 3rd April 2008, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

3.       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/s are applied to meet additional demands for public facilities;

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$350,000

1.0%

$3,500.00

 

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

 

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

 

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

 

5.       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.

 

6.       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.

 

7.       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)

 

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

 

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

 

The following 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:

 

9.       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.

 

10.     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:

 

11.     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.

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     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.

 

16.     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”.

 

17.     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.

 

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

 

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

 

19.     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.

 

20.     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.

 

21.     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:

 

22.     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.

 

23.     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.

 

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

 

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

 

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

 

27.     Public safety 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.

 

28.     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. 

 

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

 

30.     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 provide adequate provisions for access, transport and infrastructure:

 

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

 

a)     Construct a new residential concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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

 

c)     Remove the two existing Chinese Weeping Elm street trees located either within or immediately west of the proposed vehicular crossing, (Note: this work must be undertaken by Council’s nominated contractor).

 

d)     Plant a new street tree to the west of the proposed vehicular crossing.

 

e)     Replace any sections of the existing concrete footpath damaged as a result of the building works or the removal of the two street trees.

 

32.     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.

 

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

 

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

 

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

 

·      30 mm above back of the existing concrete footpath in Holmes Street at all points opposite the footpath, along the full site frontage.

 

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

 

35.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

36.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

37.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

 

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

 

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

 

a)   To the kerb and gutter or the drainage system along the site frontage; OR

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Tree Management

 

46.     Approval is granted for the removal of the two (2) Chinese Weeping Elm street trees located either within, or immediately to the west of the new concrete vehicular crossing. The applicant must meet the full cost for Council’s nominated contractor to remove the subject trees and to plant a replacement street at a suitable location to the west of the driveway. The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for removal of the existing street trees and provision of a replacement street tree upon completion.

 

47.     Prior to the issuing of a Construction Certificate the applicant must pay to Council the sum of $250 being the amount required to compensate Council for the loss of amenity caused by the removal of the street trees. The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

ADVISORY MATTERS:

 

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

 

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

 

A2      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

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

 

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

 

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

12 August 2008

 

 

 

Development Application Report No. D41/08

 

 

Subject:                  5 Chatham Street, Randwick

Folder No:                   DA/13/2008

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Section 96 Modification to allow the erection of a carport to the front of the dwelling.

 

Ward:                      East Ward

 

Applicant:                Phillip Kiehne

 

Owner:                         Phillip Kiehne & Melanie Thompson

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 


Executive Summary

 

The application is for a Section 96(2) application which seeks to delete Conditions Nos. 2 & 3 of Development Consent that deleted the carport from the proposed development.

 

The application is referred to the Planning Committee for determination at the request of Councillors Notley-Smith, Belleli and Kenny.

 

The main issue is the impact that the erection of a carport to the front of the dwelling will have upon the appearance of the dwelling and the streetscape.

 

The application is recommended for refusal.

 

1.    The Proposal

 

The proposal seeks consent to modify development consent to delete conditions 2 & 3 of consent which state;

 

“The proposed carport structure to the front of the dwelling is to be deleted from the submitted plans. The carport to the front of the dwelling will detract from the appearance of the existing semi detached dwelling and does not satisfy the relevant objectives and performance requirements of the DCP.”

 

“The proposed water tank to the front of the dwelling is to be deleted from the submitted plans as it is no longer required given the deletion of the carport structure”

 

In support of the application the applicant states that the proposed carport will, improve the precedent set by other carport structures, the use of open slat fencing will integrate and contribute positively to the street character, will ensure the existing dwelling will remain easily viewed in the street and the roof pitch and material finishes will compliment the existing dwelling.

 

2.    The Subject Site and Surrounding Area

 

The subject site is on the northern side of Chatham Street between St Luke Street and Carrington Road and is presently occupied by an existing single storey semi detached dwelling. The site has a frontage of 6.05m, a side boundary depth of 36.375m and an overall site area of 220m². The locality is residential in nature and contains a mixture of single and two storey free standing and semi detached dwellings.

 

3.    Site History

 

The original application was lodged with Council on the 15 January 2008 and detailed alterations and additions to the dwelling including the erection of a new carport and rain water tank to the front of the dwelling and construction of a pergola to the existing deck at the rear of the dwelling. The application was approved subject to conditions on the 8th February 2008.

 

5.      Section 96 Assessment

 

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

 

6.      Community Consultation

 

Given the nature of the modification and that there were no submissions received to the original application notification of this application is not necessary.

 

7.      Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

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

 

8.      Environmental Assessment

 

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

 

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. 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed carport to the front of the dwelling is sited up to the street frontage, does not comply see assessment below.

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

The proposal will be inconsistent with the dominant front setback along Chatham Street and does not meet the objectives of the DCP – Dwelling Houses.

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

Complies.

S1

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

Access to the carport is by a driveway which is 3m wide. Complies.

S1

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

The proposed driveways have a width of 3m at the front boundary. Complies.

S1

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

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

S2

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

Does not comply – see assessment below

S2

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

The proposed carport occupies 85% of the width of the site frontage. Does not comply – see assessment below.

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

The proposed new carport to the front of the property will not comply with the objectives and performance requirements of the DCP. The siting of the carport directly in front of the dwelling up to the front boundary and the demolition of a portion of the existing façade of the dwelling to accommodate the carport will result in a visually obtrusive element in the streetscape and will detract from the appearance of the existing dwelling.

 

It is noted that there are examples of other similarly sited structures located near the subject premises, however the majority of the dwellings in this street have no off street parking and an argument that the streetscape has already been compromised cannot be sustained.

 

In addition, the other instances of existing carports and car spaces to the front of other dwellings in the locality; however these include some where consent was granted prior to the adoption of the current planning controls that place more weight on the visual qualities of the streetscape.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to modify the approved development consent be refused.

 

 

Recommendation

 

That Council, as the consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.13/08/A for permission modify the development consent at 5 Chatham Street, Randwick to delete Conditions No. 2 & 3 for the following reasons;

 

1.     The proposed carport does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that siting of the carport to the front of the dwelling and modification to the existing façade of the dwelling to accommodate the carport will detract from the appearance of the dwelling and the local streetscape.

 

2.     The proposed carport does not comply with the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that the carport will occupy more than 35% of the width of the site, eroding the existing soft landscaping at the front of the site.

 

3.     The proposed carport does not comply with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in relation to building setbacks as it does not conform to the dominant setback along the street.

 

 

Attachment/s:

 

Nil

 

  


Planning Committee

12 August 2008

 

 

 

Miscellaneous Report No. M4/08

 

 

Subject:                  Protocols and Advisory Guidelines for Enforcement Agencies under the Food Act 2003

Folder No:                   F2004/08221

Author:                   Roman Wereszczynski, Manager Health, Building & Regulatory Services        

 

Introduction

 

On 22 April 2008, Council resolved to advise the NSW Food Authority that Council will undertake the enforcement agency functions identified as ‘category B’ under the Food Act 2003 and Food Regulation Partnership.

 

The Food Authority has developed a series of Protocols and Advisory Guidelines to facilitate a consistent and effective working relationship between Local Councils and the NSW Food Authority (a copy of which are attached). 

 

Issues

 

The Protocols and Guidelines were developed following consultation with Local Councils and they are consistent with earlier drafts of the ‘Pathway to partnership’ booklet 2, issued in January 2008.  Neither the Protocols nor the Advisory Guidelines are conditions of the appointment of enforcement agencies, but they do serve as an agreed working framework.

 

The Protocols and Guidelines took effect upon Councils becoming appointed as enforcement agencies on 1 July 2008 (except the protocol for ‘Reporting council legal proceedings’, which became effective on 21 May 2008).

 

The Protocols are intended to provide clear procedures on how Local Councils and the Authority work collaboratively, avoiding duplication and ensuring food regulation efficiencies.

 

The Advisory Guidelines are intended to provide pathways or matters to be considered for Local Councils and the Authority when carrying out certain functions.

 

Individual Protocols or Advisory Guidelines will be updated, by consultation, to reflect changes or improvements in food regulation.  Additional ones may also be included at a future date.

 

The protocols are:

 

1.    Urgent food safety response

2.    Food complaint referral

3.    Foodborne illness investigations

4.    Submitting food samples to DAL for testing

5.    Activities Report (compulsory, s.113)

6.    Reporting council legal proceedings (compulsory, s.113)

 

The advisory guidelines are:

 

1.    Managing urgent food safety matters

2.    Food complaint management

3.    Retail and food service types and their inspection frequencies

4.    Perceived conflicts of interest

5.    Resource assistance in unforeseen circumstances

 

The attached Protocols and Advisory Guidelines contain detailed information, procedures and considerations when undertaking food safety inspections and associated activities.

 

The Manager Health, Building & Regulatory Services and Council’s Environmental Health Officer’s are currently reviewing the protocols and guidelines and a new Food Premises inspection program is currently being developed for 2008/2009.  A number of changes are required to be made to Councils Pathway Licensing System to satisfy the data management requirements and Council Officers are also liaising with other NSW Pathway users to develop necessary reports which are required to be provided to the Authority every six months.

 

Detailed information and requirements relating to food safety and the design, construction and operation of food premises has also recently been included upon Council’s web site.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 6:       A Liveable City.

Direction 6c:      The safety of our community is paramount and is acknowledged and supported though proactive po9lices, programs and strategies.

 

Financial impact statement

 

It is envisaged that Council will be able to implement the Food Regulation Partnership within the adopted budget.

 

Conclusion

 

The Food Regulation Partnership will place a much greater emphasis on food safety, providing safer food for consumers and reduced incidence of food-borne illness.  However, the increased requirements upon Council will require the implementation of a robust and effective inspection program for all food businesses throughout the year.

 

Council’s Food Safety program will also need to be monitored closely and prioritised accordingly, to ensure that Council fulfils its obligations under the Partnership.

 

 

Recommendation

 

That the report be received and noted.

 

Attachment/s:

 

1.View

Urgent food safety response

 

 

2.View

Food complaint referral

 

 

3.View

Foodborne illness investigations

 

 

4.View

Submitting food samples to DAL for testing

 

 

5.View

Activities Report

 

 

6.View

Reporting council legal proceedings

 

 

7.View

Managing urgent food safety matters

 

 

8.View

Food complaint management

 

 

9.View

Retail and food service types and their inspection frequencies

 

 

10.View

Perceived conflicts of interest

 

 

11.View

Resource assistance in unforeseen circumstances

 

 

 

 

 


Urgent food safety response

Attachment 1

 

 





 


Food complaint referral

Attachment 2

 

 





 


Foodborne illness investigations

Attachment 3

 

 




 


Submitting food samples to DAL for testing

Attachment 4

 

 



 


Activities Report

Attachment 5

 

 




 


Reporting council legal proceedings

Attachment 6

 

 





 


Managing urgent food safety matters

Attachment 7

 

 



 


Food complaint management

Attachment 8

 

 



 


Retail and food service types and their inspection frequencies

Attachment 9

 

 




 


Perceived conflicts of interest

Attachment 10

 

 



 


Resource assistance in unforeseen circumstances

Attachment 11

 

 



 


Planning Committee

12 August 2008

 

 

 

Miscellaneous Report No. M5/08

 

 

Subject:                  2007/08 Financial Result (Unaudited) and Carry Overs

Folder No:                   F2006/00699

Author:                   Caroline Foley, Acting, Manager-Corporate and Financial Planning     

 

Introduction

 

Section 203 (1) of Local Government (General) Regulation 2005 requires that at the end of each quarter, a Budget Review Statement be prepared and submitted to Council that indicates the latest estimates of income and expenditure for the 2007/08 financial year.

 

The regulation (Section 203 (2)) also requires that the budget review statement must include, or be accompanied by:

 

I.        A report as to whether or not the responsible accounting officer believes that the Statement indicates that the financial position of the Council is satisfactory, having regard to the original estimate of income and expenditure; and

II.       If that position is unsatisfactory, recommendations for remedial action.

 

Issues

 

This report provides the unaudited financial result and financial position of Council as at 30 June 2008 in addition to recommendations to carry over funds to 2008/09 for certain projects. This report has been referred to the Planning Committee due to its capacity to move into a Committee-of-the-Whole and all Councillors are members of this Committee.

 

Attachment 1 summarises Council’s Financial Performance and its Source and Application of Funds. It also summarises the operating result for each of Council’s principal activities. Attachment 2 details the financial position of Council as at 30 June 2008.

 

The attached Financial Reports for 2007/08 are unaudited and year end adjustments may still be required. On completion of the audit copies of the Financial Reports including the audit report will be circulated to Councillors.

 

The audited financial reports will be presented at the Council meeting to be held on 21 October 2008.

 

Funds allocated for programs across the four divisions have been spent in accordance with the approved budget.

 

The anticipated surplus prior to audit and further adjustments is currently $69,760. The surplus following the completion of the 2007/2008 Audit is recommended to be transferred to the Infrastructure Reserve.

 

Council currently holds $4.439 million in bonds, deposits and retentions of which $3.533 million is considered non-current. $771k has been withdrawn from the Bonds and Deposits reserve, retaining the balance of the reserve to 100% of the non-current liability.

 

Council’s Employee Leave Entitlements liability as at 30 June 2008 is $11.775 million of which $3.544 million is held in reserve. Movements to and from the reserve equate to an additional $226k transferred to the reserve representing 30% of the liability.

 

It is proposed to carry over funds to the new Financial Year 2008/09, due to the following reasons:

 

·      Projects had already commenced, and expenditure was committed,

·      Projects were incomplete as at 30 June,

·      The funds were voted towards the latter part of 2007/08 Financial Year, and the Project had not commenced.

 

A list of all recurrent and capital carryovers is listed in Attachment 3. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in Sustainability.

Direction 1c:      Long term financial viability is achieved.

 

Financial impact statement

 

There is no direct financial impact for this matter. The organisation has provided sound financial management during the 2007/08 Financial Year. A Long Term Financial Plan has been adopted, Monthly Financial Reporting established and a comprehensive Budgeting and Executive Information System maintained.

 

Conclusion

 

Council is in a strong and stable financial position. The Director Governance & Financial Services, as the responsible accounting officer, advises that the projected financial position is satisfactory.

 

 

Recommendation

 

That:

 

a)  the unaudited financial position as at 30 June 2008 and 2007/08 surplus of $69,760 be noted.

 

b)  the surplus, following completion of the Financial Reports, be transferred to the Infrastructure Reserve.

 

c)  the Recurrent and Capital Carryovers be adopted as per Attachment 3.

 

 

Attachment/s:

 

1.View

Income Statements and Source & Application of Funds

 

 

2.View

Balance Sheet

 

 

3.View

Schedule of 2007/08 Carry Overs

 

 

 

 

 


Income Statements and Source & Application of Funds

Attachment 1

 

 





 


Balance Sheet

Attachment 2

 

 

 


Schedule of 2007/08 Carry Overs

Attachment 3