The Mayor, Councillor B Notley-Smith (East Ward)
North Ward - Councillors J Kenny, P Tracey &
South Ward - Councillor R Belleli & A White
East Ward - Councillors M Matson (Deputy
Chairperson) & D Sullivan
West Ward - Councillors B Hughes,
S Nash (Chairperson) & J Procopiadis
Central Ward - Councillors A Andrews & T Seng
General Manager Mr R Brownlee
Director City Services Mr J Frangoples
Director Governance & Financial Services Mr G Banting
Manager Development Assessment Mr K Kyriacou
Senior Administrative Coordinator Ms J Hartshorn
Media Officer Ms A Power
The meeting was adjourned at and was resumed at .
Apologies/Granting of Leave of Absences
Apologies were received from Councillors Bastic and Daley.
RESOLVED: (Andrews/Matson) that the apologies received from Councillors Bastic and Daley be accepted and leave of absence from the meeting be granted.
Confirmation of the Minutes
RESOLUTION: (Belleli/Andrews) that the Minutes of the Planning
Committee Meeting held on
Declarations of Pecuniary and Non-Pecuniary Interests
Address of Council by Members of the Public
Prior to consideration of the Agenda by the Committee, deputations were received in respect of the following matters:
Against Mr Phil Kiehne
Development Application Reports
(Belleli/White) 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
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 3 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 Councils 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 Waters 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 Waters 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;
accordance with Councils Section 94A Development Contributions Plan
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 (
Councils Section 94A Development
Contribution Plans may be inspected at the Customer Service Centre,
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, Councils 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 Councils 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 Authoritys 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 licensees name and contractor number; and
· is satisfied that
the licensee has complied with the insurance requirements of Part 6 of the
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 persons 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
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 Councils
Asbestos Policy (adopted
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 Councils Asbestos Policy is available on Councils web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Councils 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 Councils 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 Councils 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 Councils 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
d. Any part of Councils road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Councils 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 Councils 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 Councils 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
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 Councils 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
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 Councils 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 Councils 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 Councils underground drainage system to ensure that stormwater from Councils 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 applicants expense prior to the issue of a final Occupation Certificate.
is granted for the removal of the
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.
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.
(Belleli/White) CARRIED -
A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
(Sullivan/White) that Council, as the
consent authority, grant its consent under Section 96 of the Environmental
Planning and Assessment Act 1979 as amended to modify Development Consent No. 13/08/A
for permission modify the development consent at
A. Amend Condition No. 1 to read:
1. The development must be implemented substantially in accordance with the plans numbered DA3.2b & DA3.3a, dated 8/10/07 & 24/09/07 respectively, and received by Council on 15 January 2008, the application form and on any supporting information received with the application, except as amended by the Section 96 A application received by Council on the 10 July 2008 except as may be amended by the following conditions and as may be shown in red on the attached plans,
B. Delete Conditions No. 2 & 3.
Reason for decision - the proposed carport will not detract from the appearance of the streetscape given the other instances of carports in Chatham Street and will make a positive contribution to the aesthetics of the existing dwelling on the site.
(Sullivan/White) CARRIED -
A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
MOTION: (Sullivan/Notley-Smith) CARRIED - SEE RESOLUTION.
A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:
unaudited financial position as at
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.
MOTION: (Sullivan/Tracey) CARRIED - SEE RESOLUTION.
Notices of Rescission Motions
The meeting closed at .
The minutes of this meeting were confirmed at the Planning Committee
Meeting of the Council of the City of