Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 21 October 2008

 

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

21 October 2008

 

 

 

14 October 2008

 

Ordinary Council Meeting

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 21 October 2008 at 6:00 pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 26 August 2008

Extraordinary Council Meeting - 30 September 2008

 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

MM80 /08  Waiving of Fees - South Maroubra Surf Life Saving Club

MM81/08   East Timorese Scholarships - Funds required for interpreter expenses

MM82/08   South Maroubra Village Green Art Show - Request for waiving of fees

MM83 /08  Dawn Chorus at Clovelly Beach

MM84/08   Waiving of Fees - Rainbow Club Australia Inc - Ocean Swim

MM85/08   Eastern Suburbs Relay For Life - Cancer Council NSW  

 

Urgent Business

Director City Planning Reports

CP52/08    2-40 Gumara Street, Randwick

CP53/08    212 Arden Street, Coogee

CP54/08    1130 Anzac Parade, Maroubra

CP55/08    10 Severn Street, Maroubra, Section 96 modification

CP56/08    266 Coogee Bay Road. Coogee

CP57/08    132 Gale Road, Maroubra

CP58/08    159 Fitzgerald Avenue, Maroubra

CP59/08    130-132 Coogee Bay Road, Coogee

CP60/08    97 Little Bay Road, Little Bay

CP61/08    44-46 Raglan Street, Malabar

CP62/08    15 Seaside Parade, South Coogee

CP63/08    8-18 Brodie Avenue & 8-18 Curie Street & 6-16 Darwin Avenue & 18-20 Darwin Avenue & 22-32 Darwin Avenue, Little Bay

CP64/08    321 Clovelly Road, Clovelly

CP65/08    24 Frenchmans Road, Randwick

CP66/08    29 Bay Parade, Malabar

CP67/08    60 Denning Street, South Coogee

CP68/08    327 Alison Road, Coogee

CP69/08    438-448 Anzac Parade, Kingsford

CP70/08    155-157 Arden Street, Coogee

CP71/08    1891 Botany Road, Matraville

CP72/08    13-15 Silver Street, Randwick

CP73/08    Community Partnerships Funding Program 2008/09 (Round 1)

CP74/08    Randwick Economic Activity Study

 

General Manager's Reports

GM35/08    Affixing of the Council Seal

GM36/08    Accommodation of the Shack & The Junction Neighbourhood Centre & Affixing of the Council Seal

GM37/08    Coogee Arts Festival

GM38/08    Coogee Bowling Club Ltd - Authority to Execute Lease Agreement and Affix the Seal

GM39/08    Invitation to attend the Local Government Constitutional Summit - A Special National General Assembly - 8-11 December 2008, Melbourne.

 

Director City Services Reports

CS23/08    Open Space Signage

CS24/08    Slam Volleyball Tournament - 28 February 2009 at Maroubra Beach

CS25/08    Banning of Smoking in the City of Randwick - Council controlled playgrounds

CS26/08    Anzac Parade, Little Bay - Proposed Partial Road Closure

CS27/08    Flood Study - October 2008 Progress Report  

 

Director Governance & Financial Services Reports

GF43/08    Investment Report - August 2008

GF44/08    Investment Report - September 2008

GF45/08    2007/2008 Disclosure of Interest Returns

GF46/08    Presentation of 2007/08 Financial Reports

GF47/08    Local Government Association of NSW - 2008 Annual Conference  

Petitions

Motion Pursuant to Notice

NM40 /08   Motion Pursuant to Notice by Cr Matson - Ban the Butt from Coogee Beach

NM41 /08   Motion Pursuant to Notice by Councillors Procopiadis and White - Herbert Street, Malabar

NM42/08    Motion Pursuant to Notice by Cr Matthews - Removal of Parking Meters

NM43/08    Motion Pursuant to Notice by Cr Matthews - Filtered Water on Beaches

NM44 /08   Motion Pursuant to Notice by Cr Matson - Beach Runner Bus Service

NM45/08    Motion Pursuant to Notice by Cr Matson - Council Response to ICAC Recommendations Concerning Wollongong Council

NM46/08    Motion Pursuant to Notice by Cr Matson - Transition Town Concept  

 

Confidential

GM40/08    Legal Proceedings - Maroubra Garden Village - 13 Tyrwhitt Street, Maroubra

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

 

GM41/08    Tender T08/2008 - Tender for Operation of Learn to Surf School & Equipment Hire & Refurbishment & Occupation of Tram/Bus Shelter

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF48/08    SSROC and WROC Tender for Supply and Delivery of General Hardware Products

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF49/08    SSROC Tender for Supply and Delivery of Industrial Clothing

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.


 

GF50/08    SSROC Tender for the Supply and Delivery of Road Brooms and Brushes

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF51/08    Tender for Management Consultancy Services

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF52/08    Tender for Maintenance of Air Conditioning Systems

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

Notice of Rescission Motions

NR8/08      Notice of Rescission Motion by Councillors Matson, Andrews and Hughes - Ordinary Council Meeting 26 August 2008 - Director City Planning Report CP43/08 - 9 Lurline Street, Maroubra  

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM80 /08

 

 

Subject:                  Waiving of Fees - South Maroubra Surf Life Saving Club

Folder No:                   F2004/08302

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from Ms Yvette Rutherford, Director of Youth, South Maroubra Surf Life Saving Club, seeking Council’s assistance in the waiving of fees for the Randwick Shield which will be held at South Maroubra Beach on Sunday, 23 November 2008 from 8.00 am to 2.00 pm.  The Randwick Shield will have approximately 800 juniors between the ages of 8 to 14 participating in the organised activities, which include beach events (sprint and flag races) and water events (swim and board races).

 

Ms Rutherford has also requested Council’s assistance in the waiving of fees for the South Maroubra Junior Carnival to be held at South Maroubra Beach on Saturday, 6 December 2008 from 8.00 am to 4.00 pm.  This junior carnival will have approximately 500 participants. Council will require an extra lifeguard to cover this event as we are also hosting a beach soccer tournament on the 6 and 7 December, 2008 at Maroubra Beach.  

 

Issues

 

These annual non-profit community beach events gather the local community and visitors to Maroubra Beach and its surrounds.  It also draws many competitors to enjoy the day of organised activities.  It is considered that these events are very worthwhile and are well received within the community. 

 

Listed below are associated fees:

 

Application Fee @ $135.00 x 2                                                          $  270.00

Beach Hire @ $432.00 x 2                                                                 $  864.00

One Lifeguard on 6 December @ $89.90 p/h x 8 hours                            $  719.20

TOTAL:                                                                                                            $1,853.20

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $1,853.20 and currently there are sufficient funds in the 2008/2009 Contingency Fund to cover these fees.

 

Conclusion

 

On previous occasions Randwick City Council has provided considerable support for junior surf life saving activities and it is considered that Council’s support be given again this year by waiving the associated fees.


 

Recommendation

 

That:

 

a)     Council vote $1,853.20 to cover the fees associated with the holding of the Randwick Shield on Sunday, 23 November 2008 and the South Maroubra Junior Carnival on Saturday, 6 December 2008 and that the funds be allocated from the 2008/2009 Contingency Fund;

 

b)     the organiser of the Carnivals undertake to appropriately and prominently acknowledge and promote Council’s contribution; and

 

c)     the Mayor or his representative be given the opportunity to address the Surf Carnivals on behalf of Council.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM81/08

 

 

Subject:                  East Timorese Scholarships - Funds required for interpreter expenses

Folder No:                   F2004/07396

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

At its ordinary meeting held 30 October 2007 Council resolved to provide in principle support to sponsoring two Local Government officials from Uato Carabau in East Timor to travel to and work with Randwick City Council for a three month period. It has since become apparent that an interpreter is necessary to assist the East Timorese during their stay in Randwick City.

 

Issues

 

Council has a standing relationship with Uato Carabau (in East Timor) through SSROC and a past Mayor (Councillor Sullivan) visited the province during his Mayoral term (during 2001/02).

 

The Timorese officials have commenced working with a cross section of Randwick City Council staff to broaden their knowledge and understanding of those practices that have contributed to Randwick City Council’s achievements and to take that knowledge back to East Timor for the benefit of Uato Carabau and their colleagues in Local Government in East Timor. The officials have also been undertaking an English study course being provided by the University of New South Wales. An interpreter is necessary for the initial stages of their time with Council until their English is sufficient to be able to interact with Council staff.

 

Financial impact statement

 

If the report recommendation is accepted, a $12,000.00 contribution will be allocated from the 2008/2009 Contingency Fund.

 

Conclusion

 

This project is considered very worthwhile from the perspective of supporting communities that are less affluent than our community and also from an information-sharing perspective. It is also in line with Council’s commitment to the Sister City Program and demonstrating leadership in the community.

 

Recommendation

 

That Council agree to provide a $12,000.00 contribution from the 2008/2009 Contingency Fund to cover interpreter expenses for the two Local Government officials from Uato Carabau in East Timor during their work with Randwick City Council over the three month period ending November 2008.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM82/08

 

 

Subject:                  South Maroubra Village Green Art Show - Request for waiving of fees

Folder No:                   F2004/07550

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from Mr Richard Walsh for the South Maroubra Village Green Art Exhibition to be held from 6 to 9 November 2008.

 

Issues

 

The Art Exhibition will be located at the southern section of the South Maroubra Village Green adjacent to the car park of the South Maroubra Shopping Village and the aim of the show is to enable local artists to display their work publicly. 

 

This event is a non-profit community event and Mr Walsh is requesting that due to the nature of the Art Exhibition that the appropriate fees be waived. 

 

The associated fees are:

Administration Fee;                            $235.00.

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implications to Council is $235.00 which will be charged to the 2008/2009 Contingency Fund.

 

Conclusion

 

It is considered that Council should support the South Maroubra Village Green Art Exhibition as it is a well received community event held each year and that it be supported through its ‘in kind’ sponsorship with the waiving of fees.

 

Recommendation

 

That:

 

a)  the Administration Fee in the amount of $235.00 be waived and funds be charged to the 2008/2009 Contingency Fund;

 

b)  the activity organisers undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the activity; and

 

c)  the Mayor of his representative be given the opportunity to address the activity on behalf of Council.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM83 /08

 

 

Subject:                  Dawn Chorus at Clovelly Beach

Folder No:                   F2004/08285

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from Ms Anna Reece, Production Coordinator, Sydney Festival to hold a Dawn Chorus on Clovelly Beach on 17 January 2009 from 5.30 am – 6.30 am.

 

Issues

 

In the application to Council, the event organiser states:

 

“The Dawn Chorus is part of the Sydney Festival’s free program for 2009.  A series of acapella concerts will be performed at dawn on the beaches of Sydney.  The same concert performed has been performed four times at different beaches.  The program will include 2-4 commissioned works by Australian composers.  Each performance is entirely acoustic and is not supported by any kind of lighting or sound system.  The object of Dawn Chorus is to create an intimate free outdoor event for people of the local community”

 

The applicant has indicated that the performance will start at approximately 5.30 am and will run for approximately 45 minutes. The event coordinator, crowd marshals and volunteers will arrive a half hour prior to the event.     

 

Financial impact statement

 

Council will generate income from fees and charges applicable to this event.

 

Conclusion

 

In accordance with the usual practice and the early start of this event, Council will request that the applicant distribute a notice to adjoining properties and other likely affected parties including the Police advising them of this event.

 

Recommendation

 

That the applicant be advised that Council gives its “in principle approval” to the organisers of the Dawn Chorus as part of the Sydney Festival 2009, subject to the applicant complying with any conditions of approval that may be imposed once the event is processed.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM84/08

 

 

Subject:                  Waiving of Fees - Rainbow Club Australia Inc - Ocean Swim

Folder No:                   F2005/00145

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from Mr Rob Lloyd, Director, Rainbow Club Australia Inc, to which Mr Murray Rose AM is the Patron, seeking Council’s assistance in the waiving of fees for the staging of an ocean swim from Malabar Beach to Little Bay Beach on the 22 February 2009.

 

Issues

 

This event is a 2.7km ocean swim from Malabar Beach to Little Bay Beach and a post swim BBQ will be hosted by Stockland at Little Bay Beach.  All funds raised from the participants and minor sponsors will benefit Rainbow Club Australia.

 

The applicant has advised:

 

“The Rainbow Club is a registered non-profit charity providing swimming and recreational activities for young people with disabilities.  Each of the 15 individual Rainbow Clubs employ specialist instructors qualified in swimming techniques and water safety.  Most important, they offer a supportive network for the children and their families to help overcome huge challenges”.

 

It is considered that this event is very worthwhile and listed below are the associated fees:

 

Application Fee                                        $  135.00

Beach Hire – Malabar Beach                        $  166.70

One Lifeguard @ $89.90 p/h x 6 hours           $  539.40

Hire of Jet Ski @ $47.90 x 6 hours        $  287.40

TOTAL:                                                             $1,128.50

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $1,128.50 and currently there are sufficient funds in the 2008/2009 Contingency Fund to cover these fees.

 

Conclusion

 

It is considered that the Rainbow Club of Australia Inc is a non-profit organisation and to assist with this event, costs be allocated to cover the associated fees.

 

Recommendation

 

That

 

a)       Council vote $1,128.50 to cover the fees associated with the holding of the Rainbow Club Australia’s Ocean Swim on 22 February 2009 and that the funds be allocated from the 2008/2009 Contingency Fund;

 

b)       the organiser of the Carnival undertake to appropriately and prominently acknowledge and promote Council’s contribution to the Carnival; and

 

c)       the Mayor or his representative be given the opportunity to address the Surf Carnival on behalf of Council.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Mayoral Minute No. MM85/08

 

 

Subject:                  Eastern Suburbs Relay For Life - Cancer Council NSW

Folder No:                   F2008/00153

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

In October 2007, Council resolved to become a ‘community partner’ with the Cancer Council NSW.  This allows Council to work in cooperation with the Cancer Council on a range of activities, such as:

 

·      Learning about and adopting new policies that will lead to a reduction in the incidence of cancer;

·      Supporting Cancer Council advocacy campaigns that benefit the residents of Randwick City Council;

·      Using Council communication channels, venues, staff and networks to disseminate Cancer Council health promotion and patient support materials;

·      Helping the Cancer Council to support patients and their families in the community by allowing use of Council venues for support group meetings and education programs; and

·      Supporting Cancer Council efforts to raise money in the local area.

 

Issues

 

As part of Council’s ongoing commitment to the Cancer Council’s community partnership agreement, I am proud to put forward the Cancer Council’s proposal to hold the first Eastern Suburbs ‘Relay For Life’ event.  This event aims to bring local communities together in the fight against cancer, a disease that directly affects one in three people in the community – and everyone else will see and feel the impact in physical and emotional suffering, premature death and financial burden.

 

The General Manager of the Centennial Park Trust recently attended one of Council’s economic development briefings and indicated that the Trust were interested in developing a close working relationship with Council.  The Centennial Park Trust, as a result, has now offered to host the first Eastern Suburbs - Relay For Life.

 

Relay For Life is an overnight, outdoor event where teams of 10-15 people take it in turns to walk around a local oval (in this case Centennial Park) whilst enjoying local entertainment, food and activities for all ages.  Since the first event in November 2000, Relay For Life has raised over $6 million for the Cancer Council (in NSW alone) and has become the Cancer Council’s main fundraiser.  Each year around 40,000 people take part in Relay For Life events across NSW. 

 

The Easter Suburbs Relay For Life event is planned to be held in Centennial Park on 16 & 17 May 2009. 

 

Financial impact statement

 

There is no direct financial impact for this matter.  The event will be organised and run by a committee of volunteers.  There may be a small indirect cost to Council in assisting with media coverage and including information about the event in Council’s community information, where appropriate.

 

Conclusion

 

This is a very significant event on the Cancer Councils funding raising calendar.  Council’s support for events such as this, are an important aspect of the ‘community partnership’ that Council has formed with the Cancer Council NSW.

 

Recommendation

 

That Council support the Cancer Council’s Eastern Suburbs Relay for Life event by:

 

a)    Providing media and other community information to encourage staff and the community to participate in the event;

 

b)    Inviting Waverly and Woollahra Council’s to also support the event; and

 

c)    Working with the Cancer Council to promote the event.

 

Attachment/s:

 

Nil

 

  


Ordinary Council

21 October 2008

 

 

 

Director City Planning Report No. CP52/08

 

 

Subject:                  2-40 Gumara Street, Randwick

Folder No:                   DA/73/2008/A

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Section 96 modification of approved development to reconfigure townhouses fronting Bundock Street to create an opening between 2 blocks and associated alterations to rooflines and floor levels.

 

Ward:                      West Ward

 

Applicant:                Randwick Properties Pty Limited

 

Owner:                         Mirvac Projects Pty Limited

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The Section 96 application is referred to Council for determination as the original application was determined at the Planning Committee meeting of the 10 June 2008. The approved development (DA No. 73/2008) comprises the Stage 1 development to set building envelopes for 26 terrace houses, 20 apartments and carparking for 89 vehicles.

 

The application is for a Section 96(2) Modification of Development Consent 73/2008 to:

 

·      reconfigure townhouses fronting Bundock Street to create an opening between 2 blocks and associated alterations to rooflines and floor levels

 

·      separate the approved development into three independent phases to allow parts of the subject site to be developed independently of each other.

 

Following assessment of the application, the proposed changes are considered reasonable and acceptable in that:

 

·      The proposed opening between the block of townhouses fronting Bundock Street will meet the intent of Condition No. 3 (a) of Part 1 of the Development Consent which required the deletion of one dwelling unit to provide for a gap between the townhouse block fronting Bundock Street.

 

·      The applicants proposed phasing of the development is a matter of timing for the commencement and completion of proposed development over different parts of the site and, therefore, has no impact in terms of physical design, visual amenity or amenity of adjoining/surrounding properties.

 

Overall, the proposed changes to the approved development will result in minimal amenity impacts on surrounding properties with the proposal remaining essentially the same as that originally approved.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application is for a Section 96(2) Modification of Development Consent 73/2008 to allow for the following:

 

(1)    reconfigure townhouses fronting Bundock Street to create an opening between 2 blocks of dwelling units so as to make the proposed development consistent with Condition No. 3 (a) of Part 1 of the Development Consent 

 

Condition No. 3 (a) reads as follows:

 

“(3) The Stage 1 concept plans shall be amended to incorporate the following details:

 

(a)    the deletion of the fourth dwelling unit from the eastern end of the group of terrace dwellings fronting Bundock Street to provide for a landscaped gap and view corridor from, and an appropriate bulk and scale of builtform to, Bundock Street.”

 

Essentially, the application proposes that, instead of deleting the fourth dwelling unit to create the required gap between the existing single block of 7 units fronting Bundock Street, an opening be provided by reconfiguring the size and layout of the town houses in this block.

 

Associated alterations to rooflines and floor levels to reflect the new building configuration is included in amended plans as submitted with the subject Section 96 application.

 

(2)    separate the approved development into three independent phases to allow the different parts of the subject site to be built independently of each other.

 

The subject site comprises Lots 24, 25 and 26 in DP 1053158 (see Section 3 below). The application proposes to develop the subject site in three phases commensurate with the existing lot subdivision so that Phase A comprises Lot 24, Phase B Lot 25 and Phase C Lot 26. The applicant envisages that Phase A comprising Lot 24, being the westernmost section of the subject site fronting Hendy Avenue, will proceed first.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located in the north-eastern part of the overall Stage 1A area of the Bundock Street Defence site. It comprises three allotments being Lots 24, 25 (referred to as the western section containing the proposed terrace dwellings) and 26 (referred to the eastern section containing the apartment dwellings) in DP 1053158. The subject site has frontages to Bundock Street to the north, Hendy Street to the west and Gumara Street to the south.

 

The subject land will be generally bounded by the Mirvac “Esperance” development in land forming part of the original Stage 1A Defence development precinct to the south and west; by the Randwick Environmental Park to the south-east; by existing dwelling houses fronting Bundock Street and Hendy Avenue to the north; and Department of Housing apartment blocks to the east.

 

The western section (Lots 24 and 25) has a site area of 5458 sqm and the eastern section (Lot 26) has a site area of 2250 sqm, yielding a total combined site area of 7708 sqm for the whole subject site. There is no existing development on the subject site and falls sharply north to south from a RL of 36.72 at Bundock Street to RL 31.55 at Gumara Street. 

 

4.    Site History

 

The original development application for the Stage 1 development on the subject site set building envelopes for 26 terrace houses, 20 apartments and carparking for 89 vehicles. Approval was granted to the application at the Planning Committee meeting of the 10 June 2008

 

The subject Section 96(2) application was lodged on 1 August 2008. The proposed modification relating to phasing of the development was received later on 10 September 2008 (after advertising and notification of the subject Section 96 application). It was considered that, as the phasing of the proposed development is a minor/subsidiary issue relating to the applicant’s timing of the overall development with no direct amenity impacts, re-notification of the Section 96(2) application (incorporating the additional modification relating to phasing) was not considered warranted.

 

A separate staged DA (DA No. 71/2008) was lodged for the subject site on 11 February 2008 for a Stage 1 development to set building envelopes for residential development in 3 x part 3, part 4 storey residential flat buildings comprising 85 dwelling units and basement carparking for 131 cars. This separate DA was considered by the Planning Committee at its meeting on 10 June 2008 where the Committee resolved that :

 

“this matter be deferred to allow the applicant the opportunity to withdraw this application as the other approved DA (that is, the subject DA No. 73/2008) for this site is a far more preferable option for both the applicant and the community”

 

A meeting was held with the applicants on 13 June 2008 in which the above resolution was discussed. At this meeting the applicants indicated that they would defer any decision to withdraw DA 71/2008 until after a determination of amendments to DA No. 73/2008 as reflected in the current Section 96 application. The applicant’s position on this matter was reported to the Planning Committee meeting of 8 July 2008, following which the Committee resolved that:

 

“Council defer the determination of DA 71/2008 until the proposed Section 96 application to modify the development consent for DA 73/2008 is determined by Council.”

 

The subject site forms part of the wider Bundock Street Defence site for which a Master Plan was adopted on 13 November 2001. This Master Plan details the sub-division and development of the Bundock Street Defence site primarily for residential, open space and community facility purposes, and the establishment of the Randwick Environmental Park.

 

Between 2003 and 2004, and in 2007, a number of development applications were lodged by Mirvac for residential development in the Stage 1A site all of which have been approved and culminating in the present development on-site known as collectively as the “Esperence” development. The only remaining portion of the Stage 1A site that has not been the subject of any approved DA for residential development is the subject site.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Notification. No submissions were received in relation to this notification/advertising.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1    Environmental Health and Building Comments

No objections in relation to health and building issues are raised to the application.

 

6.2    Development Engineer Comments

No objections in relation to development engineering are raised to the application.

 

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

Environmental Planning and Assessment Act 1979 as amended

Building Code of Australia.

 

 

 

8.    Section 96 Assessment

 

Under the provisions of Section 96(2), a consent authority may modify a development consent if it is satisfied that the development to which the development as modified is substantially the same development as the development for which the consent was originally granted; and has considered any submissions made concerning the proposed modifications.

 

8.1      Substantially the same

The proposed modification relating to the reconfiguration of the building block fronting Bundock Street and the phasing of the proposed development will not alter the proposal from that originally approved. The changes to the approved development results in a development that is substantially the same as that originally approved.

 

8.2      Consideration of submissions

As indicated in Section 5 above, the application was advertised and notified to the owners/occupiers of adjoining properties on 5 December 2006, in accordance with the provisions of Councils DCP – Public Notification of Development Proposals and Council Plans (renotification of the application incorporating the proposed phasing of the overall development was not considered warranted as discussed in Section 4 above). No submissions were received in response to the notification/advertising of the application.

 

9.    Environmental Assessment

 

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

 

The proposed reconfiguration of the townhouses fronting Bundock Street to create an opening between 2 blocks of townhouses is considered reasonable and acceptable for the following reasons:

 

·      It will meet the intention of Condition No. 3 (a) of Part 1 of the Development Consent in that it will create a landscaped gap and view corridor from Bundock Street and provided for an appropriate break in the scale and massing of the subject town house block when viewed from Bundock Street. Accordingly, deletion of this Condition No. 3 (a) is considered appropriate.

 

·      The creation of the opening in the townhouse block will result in a minor relocation in the footprint of the three townhouses west of the new opening by approximately 3m and slightly more elongated builtform to these three townhouses. This shift in the footprint will still allow for a minimum average of 8m separation distance between these three town houses and the adjoining townhouse block fronting Hendy Avenue which is considered adequate in terms of privacy and ventilation between these two blocks.

 

·      The original approved DA provided for soft landscaping well in excess of the DCP control such that proposed reconfiguration will still maintain compliance with the 40% Landscaped Area and 30 % Soft Landscaping requirements of the DCP – Defence Site Kingsford for both the lot to which the reconfigured town house relate to (ie., Lots 24 and 25) and for the overall subject site.

 

·      The amended area of building footprint (as a result of the new opening) departs minimally from, and, therefore, will be almost identical to, that of the approved Stage 1 scheme. 

 

·      The location of the proposed opening between the two town house blocks is in alignment with the separation between the two building envelopes designated for Lots 24 and 25 in the DCP – Defence Site Kingsford.

 

·      The maximum building heights and FSR approved under the original DA 77/2008 remain unchanged under the proposed reconfiguration.

 

The applicants proposed phasing of the development represents a timing issue for the proposed development and has no impact in terms of physical design, visual amenity or amenity of adjoining/surrounding properties.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

Direction 5a:      Improved design and sustainability across all development.

Outcome 11:      A healthy/sustainable environment.

Direction 11a:    Council is a leader in fostering sustainable practices.

 

Conclusion

 

The proposed changes to the approved development will result in minimal amenity impacts on surrounding properties with the proposal remaining essentially the same as that originally approved.

 

Specifically, the proposed opening between the block of townhouses fronting Bundock Street will meet the intent of Condition No. 3 (a) of Part 1 of the Development Consent and the proposed phasing of the development allows the developer flexibility in timing the development of the subject site.

 

Additionally, the proposed modification will not result in any changes to the building heights and FSR approved under the Stage 1 DA; will maintain compliance with the landscaped area and soft landscaping requirements as wells as other relevant assessment criteria in the DCP – Defence Site Kingsford; and will not result in any significant additional adverse impacts upon either the amenity of the adjoining and surrounding properties or the character of the locality.

 

In view of the above, it is recommended that the section 96(2) application be approved.

 

Recommendation

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/73/2008 for Stage 1 development application to set building envelopes for 26 terrace houses, 20 apartments & carparking for 89 vehicles in the following manner:

 

1.         Amend Condition No. 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 53/03, dated 19 March 2004 and received by Council on the 25 March 2004 the application form and on any supporting information received with the application, as amended by the Section 96(2) plans numbered DA-100 Revision 03; A-150, A-200, A-201, all Revision 04; A-202, DA-203, DA-204, DA-206, DA-207, DA-208, DA-209, DA-210 and DA-211, all Revision 03; DA-205, Revision 02; A-300, A-301, A-302, A-303, A-304, A-305, and A-306 all Revision 04; all dated 31/07/2008 received by Council on the 1 August 2008, and plan numbered A-001, Revision 2 dated 8/9/2008 received by Council on the 10 September 2008, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application.

 

2.     Delete Condition No. 3 (a) of Part 1.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Director City Planning Report No. CP53/08

 

 

Subject:                  212 Arden Street, Coogee

Folder No:                   DA/494/2008

Author:                   Chahrazad  Rahe, Assessment Planner     

 

 

Proposal:                     New illuminated sign fixed to the corner splay of the awning on

                                      the Coogee Bay Road & Arden Street.

 

Ward:                      East Ward

 

Applicant:                Wizrory Imaging & Signs

 

Owner:                         Simmattown Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application has been referred to Council for determination at the request of Councillors Woodsmith, Matson and Hughes.

 

The subject application seeks consent to install a new illuminated awning fascia Sign fixed to the corner splay of the awning on the Coogee Bay Road/Arden Street, which reads ‘Coogee Bay Hotel’.

 

The proposal was notified and advertised to the surrounding properties for 14 days and one submission was received from the Coogee Precinct Committee.  The main issues raised in the submission related to limiting the proposed hours of operation of the illuminated sign and the intensity of light spillage which was not indicated in the Statement of Environmental Effects. 

 

The Coogee Bay Hotel is listed as a heritage item under Randwick LEP 1998 and was referred to the Heritage Planner for assessment.  It is considered that the signage will not relate to the awning, due to the excessive projection above it and will impact on the streetscape contribution of the heritage item and visual character of the locality.  A condition is recommended with any consent to reduce the scale of the sign in order for the sign to relate and contribute positively to the street character. 

 

The proposal is consistent with the relevant objectives of the zone and the approved Master Plan (deemed DCP) for the site.  The sign, subject to being amended by reducing its height so that it projects a maximum of 300mm above the top edge of the existing awning will be consistent with the Outdoor Advertising DCP and will not impact on the integrity of the original building fabric or on the streetscape contribution of the building.

 

The proposal is recommended for approval subject to conditions.

 

2.    The Proposal

 

The proposal is for a new illuminated sign fixed to the corner splay of the awning on the Coogee Bay Road/Arden Street corner, which reads ‘Coogee Bay Hotel’.  The sign will be illuminated between the hours of 5.00pm to 2.00am and the lighting will be static.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the south-western corner of the intersection of Arden Street and Coogee Bay Road.  The rear south-western section of the subject site also has a frontage to Vicar Street.  The subject site has an area of 7,241m.

 

The land is currently occupied by a public hotel, The Coogee Bay Hotel, along the Coogee Bay Road and Arden Street frontage and the Coogee Bay Boutique Hotel along the Vicar Street frontage.

 

The surrounding area comprises predominantly retail/commercial uses with the subject site located within the Coogee Bay Commercial Centre. To the north on the opposite side of Coogee Bay Road is an existing shopping strip comprising predominately two-storey shops with continuous awning.  Immediately to the east is a three storey ground-floor retail and upper floor residential building adjacent to Vicar Street and the existing Coogee Bay Road shopping strip beyond.  To the south are two four-storey residential flat buildings one with frontage to Arden Street and the other to Vicar Street.

 

 

4.    Site History

 

4.1    Application History

Numerous applications have been submitted relating to extensive alterations and additions including works to the beer garden, nightclub and sportsman’s bar. In 2000 development consent 564/2000 was issued for partial demolition of Selina’s nightclub and Garden Bar and construction of Arden lounge and bar which is known as stage 1 of the refurbishment of the site and has already been completed.

 

A Master Plan was adopted by Council at its Ordinary meeting of the 24 February 2004. The Master Plan and its relevance to this development application is discussed in greater detail in Section 7 & 8 of this report.

 

Previous applications submitted for development on the site include:

Development No.

Description

Determination

DA/423/2005

Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved

13-Dec-2005

DA/423/2005/A

Section 96 Minor internal changes & add in a smoking room Original consent: Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings 

Approved

25-Aug-2006

DA/423/2005/B

Section 96(1) - Delete conditions 62 & 69 Original consent: Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings 

Approved

12-Oct-2006

DA/423/2005/C

Section 96(1a) - request removal of condition No. 72., Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved

01-Dec-2006

DA/423/2005/D

Section 96(1A) - Relocate the toilets and bar, reconfiguring the smoking area, Alterations and refurbishment to the existing gaming room, sports bar and bottle shop to the Coogee Bay Hotel, including new openings

Approved

11-May-2007

DA/423/2005/E

Section 96(2) - Modification development by replacement of three existing fixed windows on Coogee Bay road frontage of the Coogee Bay Hotel with new bi-fold windows.

Refused

08-Apr-2008

DA/51/2007

Refurbishment of Beer Garden and Brassiere including alterations to landscaping, paving, provision of shading devices, addition of gelato/coffee bar on Arden St frontage, relocation of BBQ and bar; new flagpoles to Arden St and alteration to fencing. 

Withdrawn

03-Dec-2007

DA/533/2006

Internal refurbishment of the ground floor Sports Bar/Pub TAB within the Coogee Bay Hotel.

Approved

26-Sep-2006

DA/206/2008

Upgrade the existing kitchen on the ground floor adjacent to 'Beach Bar', add new doors to Brassiere, replace timber pergola on Arden Street, replace the membrane over the brassiere and repair the awning over the kitchen.

Approved

1-Apr-2008

 

5.    Community Consultation

 

The proposal has been notified, advertised and referred to Precinct Committee in accordance with the DCP – Public Notification.  The following submission was received:

 

5.1 Objections

 

Chairperson of Coogee Precinct Committee

 

Issues

Comments

The proposed hours of operation for the illuminated sign should be limited to 11.00pm to ensure that there is a consistent approach to the Coogee Bay foreshore and streetscape “aesthetic quality”.  This will also help minimise impact to ongoing anti-social behaviour issues in Coogee.

It is not considered that the intensity of the illuminated sign will have a significant impact on the surrounding residential area.  Considering the sign is located on the corner of the building facing north east towards the ocean and only an oblique view of the sign can seen from the surrounding area. See figures 1, 2, 3 & 4 below.

 

Notwithstanding the above, appropriate conditions are included in the report to ensure that the illumination from the sign is ceased at 2.00am as proposed.  Also, the intensity of the illumination sign is designed so that it does not cause a nuisance to nearby residents or motorists and that the light overspill does not affect the amenity of the area.

 

It should be further noted that a condition has been included to reduce the size of the sign by approximately 40%.  This will relate better to the size of the awning, visual character of the Coogee Bay foreshore and commercial streetscape and also is much smaller than the recently approved Legion Club signage opposite the subject site. 

 

The intensity of light from the illuminated sign has not been indicated in the Statement of Environmental Effects.  The Council and community do not have sufficient information to assess the proposed impact on the beachfront and surrounds.   The Precinct has requested that additional information be provided in order to properly assess the impact of the application.

The size of the sign is reduced by approximately 40% as discussed above.  Also, a condition is included in the report to ensure that design of the sign does not cause a nuisance to nearby residents or motorists and that the light overspill does not affect the amenity of the area.

 

   

Figure 1: View taken on a slight angle in                     Figure 2: View taken directly in front of

in front of the proposed sign looking beyond      the proposed sign looking beyond to the ocean  the Leagues Club and ocean view.                      to view.

 

   

Figure 3: View of the corner of the Coogee       Figure 4: View of Leagues Club across the street

Bay Hotel, where the sign will be located.          opposite the site.

 

5.2 Support

No letters of support were received.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers and the following comments have been provided:

 

6.1      Heritage Planner

The application was considered by Council’s Heritage Planner and advice has been provided to reduce the scale of the proposed signage to better relate to the awning to which it is attached too.  The following comments were provided:

 

The subject site is part of the Coogee Bay Hotel site, listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the property notes that the building was used as a private school from 1863, before a second storey was added to convert it to a hotel, with many alterations and additions being made over the years.  A Conservation Study for the Coogee Bay Hotel was prepared by Orwell and Peter Phillips Architects in 1989, noting that the principal significance of the Hotel arises from its continuous operation as a beachside hotel on its present site since 1875.  Investigation of documentary and physical evidence indicates that comparatively little historic fabric has survived.  The evolutionary plans provided indicate that the central section of the building at ground floor level, well set back from Arden Street and Coogee bay Road, may have been constructed in the 1850.  Additions to the south of this section were constructed in the 1880s and additions to the north of this section (Coogee bay Road frontage) were constructed in 1911.  Further additions were carried out in 1913, 1921 and 1929.

 

The development application proposes a new awning fascia sign.  The proposed illuminated sign is to be fixed to the corner splay of the awning on the Coogee Bay Road/Arden Street corner. 

 

The submission includes a Statement of Environmental Effects which includes a section on Heritage which notes that “the signage which has been proposed is less intrusive than the signage in the Randwick Heritage Study of 1987 (Inventory Sheet).  The size of the signage been kept to a minimum for this reason.”

 

Council’s Development Control Plan for Outdoor Advertising includes objectives to ensure that the provision of advertising is in keeping with the scale and character of buildings, does not crowd the advertiser’s messages and reduces the visually complexity of streetscapes.  Outdoor advertising above awning level is not permitted on a building listed as a heritage item. 

 

The photograph on the Heritage Study Inventory Sheet for the building indicates painted awning fascia signage to the Coogee Bay Road, Arden Street and corner splay faces of the awning.  Existing signage comprises illuminated pylon-type signs to the bottle shop, under awning signs, painted awning fascia signs and a neon awning fascia sign to the corner splay. 

 

It is noted that the drawings which have been submitted are not to scale.  While the notated scale indicates that all the details are drawn at a scale of 1:20, in fact none of the drawings are at this scale.  The sign layout is at a scale of somewhere around 1:30, while the sections are at a larger and entirely different scale.  Extrapolation of the figured dimensions which are provided on the drawings indicate the sign will project around 700mm above the approximately 300mm deep awning.  It appears that the proposed signage is to be fabricated in the same way as an under-awning “lightbox” with the height varying according to the thickness of the letters and a depth of 70mm.  The “lightbox” will be supported on a frame parallel with the awning fascia and around 300mm above it.  The existing internally illuminated sign consists of neon tubing which does not project above the awning.  It is noted that the Coogee Bay Hotel is a large building and occupies a generous site.  There are concerns however that the bulk of the sign will not relate to the awning, due to the excessive projection above it.  There are concerns that the scale of the sign is excessive and may impact on the streetscape contribution of the heritage item and the visual character of the Coogee Neighbourhood Centre and set a precedent for further inappropriate signage in the area.  The scale of the proposed signage should be reduced to better relate it to the awning to which it is attached.  It is suggested that the proposed signage project a maximum of 300mm above the top edge of the existing awning.

 

7.    Master Planning Requirements

 

The site has a total area of 7,241m and as such pursuant to Clause 40A of RLEP 1998 a Master Plan is required for this site to establish practices and procedures for development of the site by introducing appropriate provisions and framework for the appropriate staging and assessment of resultant development applications.

 

A Master Plan was lodged on 24 December 2003 and involved works primarily to the north-east wing including an upgrade to the Beach Bar and new balconies to the street frontage, refurbishment of the Coogee Bay Road frontage shops and bars, refurbishment of Selina’s nightclub into a convention centre, the creation of new Hotel rooms and improvements to disabled access to the existing Hotel.  The Master Plan was adopted, subject to variations, by Council at its Ordinary meeting on the 24 February 2004.  The adopted Master Plan is now a Deemed DCP pursuant to amendments to the Environmental Planning and Assessment Act 1979 gazetted on 16 June 2005. 

 

The details of compliance with the relevant requirements of the Deemed DCP are provided in Section 8 of this report.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 3A – General Business and is listed as a heritage item under Randwick Local Environmental Plan 1998.  The following Clauses of the RLEP 1998 are relevant to the proposal:-

 

Clause 13 – Zone No. 3A (General Business Zone)

The objectives of Zone No.3A are:

a.  to maintain the viability of existing business centres, and

b.  to facilitate development of land, in places identified by the Council as suitable to be used as business centres, for commercial, retail, residential and community purposes:

c. 

i.     by introducing appropriate floor space ratio controls, and

ii.     by encouraging economically viable retail cores which are centrally located and in close proximity to public transport, and

iii.    by enhancing employment opportunities and serving the needs of the local and regional community, and

iv.    by encouraging and facilitating the use of public transport, and

v.    by providing and enhancing pedestrian and public open space areas for shoppers and workers, and

vi.    by maintaining and improving the environmental and aesthetic qualities of the City of Randwick,

 

d.  to minimise the impact of development on adjoining and nearby residential zones, and

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

 

Comment:

Provided the sign is reduced in height to relate to the existing awning, the proposal will be consistent with the relevant aims and objectives of the zone.

 

Clause 40A – Master Plan

Clause 40A of LEP 1998 states as follows:

(1)   Despite any other provisions of this plan, consent may be granted to a development application made in respect of a site area consisting of more than 4,000 square metres of land only if:

(a)   a master plan for the development of that land has been adopted in accordance with this clause, and

(b)   the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

(2)   The consent authority may waive the requirement for a master plan, but only if it is satisfied:

(a)   that the proposed development is of a minor nature only or is ancillary to the current use of the land, or

(b)   that adequate guidelines and controls applying to the land are already in place.

As noted previously, a Deemed DCP was adopted by Council for the redevelopment of the Coogee Bay Hotel.  The proposed sign is generally consistent with the planning and design principles in the adopted Master Plan.  The sign is considered to be ancillary to the existing use of the land and is relatively minor in scale.  Subject to appropriate conditions, the proposed sign is consistent with the above clause and will not result in any unreasonable adverse impact to the streetscape or the surrounding business uses or residential area.

 

Clause 43 – Protection of heritage items, heritage conservation areas and relics

The purpose of this clause is to establish consent requirements for development involving a heritage item or land within a heritage conservation area. The heritage impact statement supplied with the Master Plan was referred to Council’s Heritage assessment officer for comment.

 

Council’s Heritage Planner has advised that the bulk of the sign will not relate to the awning, due to the excessive projection above it and will set a precedent for further inappropriate signage in the area.   The sign may impact on the streetscape contribution of the heritage item and visual character of the Coogee area.  In order for the sign to relate and contribute positively to the street character it is recommended that the scale of the sign be reduced in height so that the sign projects a maximum of 300mm above the top edge of the existing awning.  Refer to detailed comments above by the Heritage Planner. 

 

Provided the above is satisfied the Heritage Planner has no objections to the proposed.

 

State Environmental Planning Policy No. 64 – Advertising and Signage

State Environmental Planning Policy No. 64 – Advertising and Signage (SEPP 64) aims to ensure that signs are compatible with the desired amenity and visual character of an area, are of high quality design and finish and seeks to ensure these objectives by way of regulating style, size and siting of signs and in certain cases limiting the time length of consents for certain advertisements. Generally, under SEPP 64, the consent to display an advertisement is limited to 15 years. SEPP 64 applies to all signs, other than business and building identification signs and signs categorised as exempt development under Council’s Development Control Plan - Exempt and Complying Development. The proposed sign for the premises is considered to be ‘business identification sign’ and in this regard, the provisions of SEPP 64 are not applicable.

 

8.1 Policy Controls

a.    Development Control Plan No. Outdoor Advertising

The relevant Objectives and Controls of the DCP relating to this application are as follows:

 

·      Ensure that outdoor advertising is in keeping with the scale and character of the building to which it is attached and does not detract from the architectural style or features of the building;

·      Recognise that outdoor advertising can help to express the character of a commercial district or business centre;

·      Ensure opportunity exists on a fair and equitable basis to occupy limited advertising space;

·      Ensure that the placement and amount of advertising does not crowd advertiser’s messages;

·      Reduce the visual complexity of streetscapes by providing fewer, more effective signs;

·      Outdoor advertising above awning level will not be permitted on any building listed as a Heritage Item or situated in a Heritage Conservation Area;

·      The word (or advertising content) on any sign should relate to the premises on which the sign is erected or the activities carried on within the premises;

·      The visual amenity and value of streetscapes should be protected though careful consideration of proposals for advertising above awning level;

·      The size and shape of any outdoor advertising must relate to the size of the building or space to which it is to be attached to or placed on.  Large building facades are capable of accommodating large signs without detracting from the appearance of the building; and

·      Outdoor advertising must not dominate or obscure a building or its architectural features.  Advertising should be used as a mechanism to highlight and reinforce architectural details.

 

Comment:

The proposed illuminated sign is fixed to the corner splay of the awning on the Coogee Bay Road/Arden Street corner frontage and projects approximately 700mm above the awning.  A neon awning fascia sign currently exists to the corner splay does not project above the awning.  Council’s DCP for Outdoor Advertising includes Objectives and Controls to ensure that the provisions of advertising is in keeping with the scale and character of the building and does not dominate or obscure a building or its architectural features.  Also it states that outdoor advertising above awning level is not permitted on a building listed as a heritage item.

 

The size of the proposed signage is considered to be excessive and will impact on the streetscape contribution of the heritage item and the visual character of the locality.  In order to better relate the scale of the sign to the existing awning, a condition is to be included so the sign will only project a maximum of 300mm above the top edge of the existing awning.

 

Subject to appropriate conditions, the proposed sign will be consistent with the surrounding signage within the Coogee Beach Town Centre. The proposed sign relate to the identified business and will comply with the above aims and objectives and general provisions/controls of the DCP for Outdoor Advertising in General Business Zone. Refer to detailed comments made by the Heritage Planner above.

 

9.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 8:       A strong local economy.

Direction 8a:      Vibrant business, commercial and industrial sectors that provide ongoing and diverse employment opportunities.

Direction 8b:      Vibrant town centres that adequately serve the community and foster support for local business activity.

Direction 8e:      Tourism’s important role in the local economy is acknowledged.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Subject to appropriate conditions, the proposed sign is consistent with the relevant objectives of the 3A zone, DCP for Outdoor Advertising and the approved Master Plan (deemed DCP) for the site.  The proposed sign for the premises is considered to be ‘business identification sign’ and in this regard, the provisions of SEPP 64 are not applicable.  Provided the sign is reduced in size, the heritage significance of the site is retained and amenity impacts to the locality are minimised by appropriate condition ensuring that the illumination from the sign does not cause a nuisance or affect the amenity of the area.

 

Provided the conditions of consent are met, the proposed sign will not result in any unreasonable adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

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

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/494/2008 for the installation of a new illuminated above awning signage on the corner of the Coogee Bay Hotel at 212 Arden Street, Coogee, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plan and numbered 08-032, dated 1/04/08 and received by Council on 17 July 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:

 

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:

 

2.       The proposed illuminated signage to the awning corner splay must only project a maximum of 300mm above the top edge of the existing awning, in order to better relate the scale of the sign to the awning, and to minimise impact on the  heritage item.  Amended details must be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the relevant building works.

 

3.       The intensity of the light in the sign shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

4.       The colours, materials and finishes of the proposed sign are to be compatible with the existing building and adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details must 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.

 

5.       The illumination of the sign must cease at 2:00am daily.

 

6.       No flashing lights are to be used in and around the advertising sign.

 

7.       The illuminated sign shall be internally illuminated only and must not have any flashing function.

 

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

 

8.       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.

 

9.       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.

 

10.     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.

 

11.     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.

 

12.     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.

 

13.     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”.

 

14.     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.

 

 

15.     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.

 

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:

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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.

 

21.     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.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

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

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

Attachment/s:

 

Nil

 

 


Ordinary Council

21 October 2008

 

 

 

Director City Planning Report No. CP54/08

 

 

Subject:                  1130 Anzac Parade, Maroubra

Folder No:                   DA/524/2008

Author:                   Philip North, Senior Assessment Officer     

 

Proposal:                     Alterations to the library, extension of the car park, demolition of existing demountable buildings, and construction of new classrooms, a walkway, tower, colonnade, entry portico and a multi-purpose hall.

 

Ward:                      South Ward

 

Applicant:                The Greek Orthodox Parish of South East Sydney

 

Owner:                         The Greek Orthodox Parish of South East Sydney "St Spyridon"

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This application is referred to Council as a major development of a value in excess of $2,000,000.

 

The application seeks consent for staged work including the demolition of demountable buildings, alterations to the library, extension of the car park and construction of new classrooms, a walkway, water storage tower, colonnade, entry portico and a multi-purpose hall.

 

It was lodged on 28 July 2008 and notified to the surrounding properties and advertised in the press for 14 days from 6 August 2008 to 20 August 2008. Thirteen objections were received (12 identical) raising a variety of concerns. The primary issue was the height and visibility of the water storage tower while one objector raised concerns about noise nuisance arising from the proposed amphitheatre facing onto Malabar Road.

 

It is considered that the proposal meets the objectives of the applicable controls and has acceptable environmental impacts.

 

The recommendation is for approval.

 

2.    The Proposal

 

The proposed development involves alterations and additions to the existing school buildings and the construction of a new building as follows:

 

Stage 1: Construction and occupation of the following:

·      Building A & B: New covered walkway to link both buildings;

·      Building D: Alterations and additions including 2 new classrooms;

·      Building E: Alterations and additions including an extension to the library and 2 new classrooms;

·      Building G: New entry portico;

·      Car Park 2: Expansion of existing car park;

·      New Colonnade: To link buildings D, E and G and car park 2;

·      New Water Storage Tower: Construction of a 26m high tower both for the storage of rainwater and the symbolic identification of the school;

·      Rainwater Storage: underground rainwater storage tanks with a capacity of 120 kilo-litres.

 

Stage 2: Construction and occupation of the following:

·      The removal of the existing 4 demountable buildings to the south east of Building D;

·      The construction of a new multi-purpose hall to be known as Building F to include a gym, internal sports surface, stage, classrooms, drama rooms, amenities and an amphitheatre; and

·      A 50m sprint track.

 

There will be no increase in student or staff numbers associated with the building work.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the northern side of Anzac Parade between Beauchamp Road to the north and Truscott Avenue to the south. It is bound by Anzac Parade to its south west and 12 detached dwelling houses to its north, north east and south east and by Malabar Road to its east.

 

It has a frontage of approximately 250 metres to Anzac Parade and a depth ranging between approximately 60m and 100m. It has an overall site area of 19,999m2, according to title.

 

The site currently consists of one and two storey brick shops roofed with slate and metal.

 

The topography is generally flat with a very slight fall to the north west of approximately 1.75m over its entire 250m frontage to Anzac Parade.

 

It is currently occupied by a six school buildings of between one and two storeys, car parking, playing fields, sports courts and four demountable metal buildings to the south east of the site.

 

4.    Site History

 

Previous applications submitted for development on the site include:

 

Development No.

Description

Determination

DA/365/1986

Erect new secondary school

Approved:

26-May-1987

DA/387/1990

Relocate 4 demountable classrooms

Approved:

29-Dec-1990

DA/677/1999

Additional temporary demountable classrooms & walkway to allow teaching of Greek culture, dance & language

Approved:

02-Aug-1999

DA/483/2003

New 2 storey school building (Block C) for use as classrooms, including a covered courtyard, canteen, common room & masonry wall

Approved:

29-Aug-2003

 

5.    Community Consultation

 

The proposal has been notified and advertised in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1 Objections

Objections to the proposed development have been received from the following residents:

 

Objector: Owner/resident, 687 Malabar Road, Maroubra

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Issue

Comment

Noise from the proposed multi-purpose hall and, particularly, the amphitheatre, will penetrate through the proposed olive grove and across the street to create adverse impacts upon my residence.

The amphitheatre is not proposed to be used as a permanent, full time theatrical venue. With only a few rows of step-seating, it is of a size most likely to be used informally and recreationally rather than for major theatrical productions. This area is currently a large open play space and would already produce a certain amount of noise. The proposal not only encloses most of this space in the hall, but also screens the open area (ie the amphitheatre) from the street with both a grove of olive trees and also a full height masonry wall. This should provide suitable noise attenuation and improve the noise nuisance over current conditions.

 

 

Objectors:

·      Owner/resident, 7 Chelmsford Avenue, Maroubra

·      Owner/resident, 23 Chelmsford Avenue, Maroubra

·      Owner/resident, 25 Chelmsford Avenue, Maroubra

·      Owner/resident, 27 Chelmsford Avenue, Maroubra

·      Owner/resident, 29 Chelmsford Avenue, Maroubra

·      Owner/resident, 31 Chelmsford Avenue, Maroubra

·      Owner/resident, 33 Chelmsford Avenue, Maroubra

·      Owner/resident, 35 Chelmsford Avenue, Maroubra

·      Owner/resident, 37 Chelmsford Avenue, Maroubra

·      Owner/resident, 39 Chelmsford Avenue, Maroubra

·      Owner/resident, 41 Chelmsford Avenue, Maroubra

·      Owner/resident, 43 Chelmsford Avenue, Maroubra


 

Issue

Comment

The height and visibility of the water storage tower is not appropriate in this location.

The height of the tower (excluding the cross) is approximately 26.46m.

 

The subject site is zoned 5 (Special Uses Zone) under RLEP 1998. Permissible uses in this zone include not only educational establishments but also places of worship which, commonly, include bell towers which can equal or exceed the proposed height. The bell tower at St Jude’s Anglican Church in Avoca St, Randwick, for example, (listed as a heritage item under the LEP) is approximately 23 metres high; this is a tower of similar massing but with a slightly higher primary mass than the proposal which steps back at the top to a smaller dome. It should be noted that this tower is similarly adjacent other low rise domestic buildings, set further back from the street than the proposal, and yet is not considered unacceptably dominating.

 

Although the proposal will be visible from some distance, it is well designed in a traditional architectural idiom using low maintenance materials (ie face brick). Its presence as a symbolic marker of a major community and religious institution is not considered inappropriate on a site with this zoning.

Tower will have a negative visual impact upon the surrounding residential landscape.

Although the tower will be a prominent feature in the locality, it will have the greatest visibility from Anzac Parade and will not have a direct visual relationship with the surrounding residential sites. Furthermore, it is adequately separated from surrounding low density residential properties to avoid any overbearing impact.

 

Tower should fit in with height restrictions.

No specific height restrictions apply to this site apart from those associated with aircraft flight paths.

 

 

5.2 Support

No submissions in support were received.

 

6.    Technical Officers Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:-

 

6.1      Building Services

The application has been referred to Building Services for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

BCA Building Classification

Class        -      9b       (Assembly hall/classrooms)

Class -      10b   (Water tower)

 

Background

The existing buildings on site are purpose built school buildings and demountable classrooms bounded by residential development.

 

Key Issues

Building Code of Australia (BCA):

 

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

 

Site Management:

 

Standard conditions are proposed to be included in the consent to address construction site management issues, such as the location of stock piled material or the storage and disposal of excavated materials, sediment and erosion control, public safety and perimeter safety fencing.

 

Access for people with a disability:

 

Access is required to be provided to the development to and within  (i) all areas normally used by the occupants, including staff, students and visitors, if no alternative similar facilities to those provided in that area are accessible elsewhere in the school; and (ii) any other floor to which vertical access by way of a ramp, step ramp or kerb ramp complying with AS 1428.1, or a passenger lift is provided.

 

Standard conditions should be included to address these requirements.

 

The applicant or other person having the benefit of the consent will also be advised to fulfil their obligations under the DDA.

 

6.2      Environmental Health

The application has been referred to Environmental Health Services for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

The proposal

 

Council is in receipt of a development application for the construction of additional classrooms, multi-purpose hall, alterations to library, extension of carpark, construction of walkway, water tower, colonnade and entry portico.

Key Issues

 

Standards conditions have been placed to safeguard the surrounding amenity.

 

Acoustic report was not required as number of students and teachers will not be increasing.

 

Contamination has not been identified by the applicant and a search on Councils database shows that the school has been the only use since the 1980’s, as before that dating back to the 1930’s the subject premises has been vacant land. 

 

6.3      Development Engineer

The application has been referred to the Development Engineer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

Landscape Comments

The site inspection confirmed the presence of a wide variety of mostly small native trees at the site, which while affording shade (which is an obvious benefit to school children), as well as performing screening and general environmental functions, were all generally too small to be covered by Council’s TPO, and as such, no objections are raised to their removal where necessary in order to accommodate the proposed works, as none are deemed significant enough to warrant a re-design to allow their retention.

 

While the removal of a large quantity of small trees will initially impact the appearance of the school and its interaction with the surrounding area, those trees identified as being worthy of preservation will be incorporated into the proposed landscaping as existing site features, with the substantial amounts of replacement plantings in more appropriate locations to achieve a similar size within a relatively short period of time, and will more than compensate for any short-term impact.

 

Nature Strip

Within Council’s Anzac Parade nature strip, towards the southern site boundary, there is from south to north, one 2 metre tall Olea europaea (European Olive), on the southern side of the most southern vehicle crossing, then on its northern side, a further two Olives of similar size, and two 4 metre tall Eucalyptus robusta (Swamp Mahogany’s), with a similar situation existing around the other vehicle crossing further to the north, adjacent the administration building.

 

The Olives are only small and insignificant, and appear to have been planted by the school rather than Council given the strong cultural association between this species and Greek culture, with large quantities also found within the site, and while the Gum trees are larger specimens, are both in poor health and condition due to heavy and repeated pruning by service authorities away from overhead wires.

 

Despite being covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location on public property, the plans propose that all will be removed in order to accommodate a more consistent planting theme along this frontage.

 

Given their small size and minimal contribution to the environmental amenity of the area, Council would not object in this instance, with the standard removal and loss of amenity charges usually applied not deemed appropriate in this case; however, a site specific condition requires the applicant to comply with Council’s requirements for any removals and replacement planting.

 

Western (Front) Boundary of Site

Within the subject site, along the western boundary, between the drainage swale/overland flow path and existing demountable buildings, there is a mass planting of native trees of between 2-5 metres in height, comprising one Ficus benjamina (Weeping Fig), but mostly Eucalyptus robusta (Swamp Mahogany’s), Araucaria columnaris (Cooks Pines) and Melaleuca quinquinervia (Broad Leafed Paperbarks).

 

While they do assist with visual and acoustic screening between the school and busy roadway, and would also provide a food and habitat source for native fauna given their ‘grove’ formation, all were observed to be too small for the provisions of Council’s TPO, and as such, could be removed in order to accommodate the proposed works as shown, providing suitable replacement planting which will not impede stormwater flows within the drainage channel is provided in this area.

 

Eastern Boundary

Along the length of the eastern boundary, there is a row of semi established trees of around 6-10 metres in height, and comprise from west to east, one Corymbia maculata (Spotted Gum), and then a total of nine Allocasurina glauca (Swamp She-Oaks), all of which were observed to in good health and condition, and are also covered by the TPO.

 

Supplementing this existing perimeter planting (as has been shown on the submitted landscape plan) is recommended, as it will be of benefit to both the school and adjoining residential properties to the east and north, through improved visual and acoustic screening and privacy, with relevant protection measures to ensure their preservation provided.

 

The various shrubs and small trees beyond the extent of the eastern property boundary, within the Malabar Road verge, including two Acacia species (Wattles), are insignificant, and will remain unaffected by this application, with conditions relating to them not required.

 

Surrounding Existing Administration Building Car-Park

There is a row of three trees along the eastern edge of the existing car-park adjacent the administration building, being from south to north, one Araucaria heterophylla (Norfolk Island Pine), one Ficus rubiginosa (Port Jackson Fig) and another Norfolk Island Pine, all of around 5 metres in height.

 

While all three have the capacity to develop to substantial dimensions, none are deemed significant at this point in time, and should be removed to accommodate the expanded car-park, which is an important component of the application, with the same situation applying to the mass planted group of small Olea europaea (European Olives) further to the east, in the existing grassed area. 

 

Despite the plans showing that this grove of Olive Trees will be transplanted to an alternative location elsewhere within the site, given the exhaustive and costly process involved, Council would not formally require this, and recommends that they simply be removed and replaced with semi-advanced stock in their place.

 

There is a variety of other shrubs, small trees around the perimeter of the existing administration building and curved concrete wall which are all exempt from the provisions of Council’s TPO due to a combination of their small size and close proximity to existing structures, and as such, should be removed and replaced with the more desirable and appropriately located planting.

 

Drainage Comments

Drainage conditions have been imposed similar to the final approval for Development Application 483/2003, (i.e. as modified by the relevant Section 96 Application).

 

 

 

Traffic / Civil Works Comments

The application states that there will be no increase in staff or students. The development proposal increases the number of car spaces and therefore is supportable. The Assessment Planner is requested to consider how Council regulates the number of students/staff as consideration of this application has been based on no net increase of staff and students.

 

There are no civil works in Anzac Parade proposed as part of this application.

 

Planner’s Comments: Examination of the plans reveals that the proposed works do not materially increase the provision of teaching space but increase amenity for existing students. It is thus not considered necessary to apply any further restrictions upon student numbers other than that which may exist by way of limitations inherent in the floor area of the institution.

 

6.4      Service Authority Comments

At the Health, Building and Planning Committee meeting on 8 November 2005, it was resolved on the motion of Councillors Nash and Belelli that:

 

(a) the applicants of development applications be required to meet all costs associated with replacing overhead wires with underground cables in the vicinity of the development site when the cost of works on the site exceeds $2 million;

 

(b)  the applicants of development applications be required to meet all costs associated with replacing overhead wires with Aerial Bundled Cables in the vicinity of the development site, when the cost of works on the site exceeds $1 million up to $2 million; and

 

(c)  the Director, City Planning investigate the feasibility of funding the undergrounding of existing overhead cables for new development under the new options provided for in the Environmental Planning & Assessment Act (Developer Contributions) Act 2005.

 

Given that the proposed works will be in excess of $2 million the applicant will be required to meet all costs associated with replacing the overhead wires with underground cables in the vicinity of the development site.

 

Suitable conditions of consent have been recommended.

 

6.5      External Bodies

 

6.4.1          Federal Airports Corporation

Under the provisions of the Air Navigation (Building Control) Regulations the approval of the Federal Airports Corporation is required for any building to be constructed on the subject site, which intrudes into the Conical Surface of the Obstacle Limitation Surfaces for Sydney Airport. The water storage tower intrudes slightly into this zone and as such, a suitable condition will be attached to any consent requiring the approval of the Sydney Airport Corporation (or other appropriate body) prior to the issue of a construction certificate.

 

7.    Master Planning Requirements

 

Clause 40A of the Randwick Local Environmental Plan 1998 provides that:

 

(1) consent may only be granted to a development application made in respect of a site area consisting of more than 4,000m2 of land only if:

a.  a master plan for the development of that land has been adopted in accordance with this clause, and

b.  the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan.

 

The subject site has a total area of 19,999m2 and as such is subject to this clause. Nevertheless, Clause 40A also contains the following provisions:

 

(2) The Consent authority may waive the requirement for a master plan, but only if it is satisfied:

a.  The proposed development is of a minor nature only or is ancillary to the current use of the land, or

b.  That adequate guidelines and controls applying to the land are already in place.

 

A previous development consent for the site, DA/483/2003, involving the construction of a new school building to replace existing demountable classrooms with a permanent structure was approved in 2003. This was of a similar scale as the subject application was the subject of a waiver of the master plan requirement for the following reasons:

 

It is considered that the works proposed in the current development application are of a minor nature and are ancillary to the current use of the land and will not result in an intensification of the use of the land. The Manager Development Assessment has formally waived the need for a master plan (in relation to this development application) by memo.

 

It is considered that similar conditions exist in the subject application for the following reasons:

·      No new use is proposed;

·      The buildings generally replace or extend existing buildings;

·      Student numbers will remain the unchanged and, as such, there is no intensification in the use of the site.

 

In recognition of this, the Manager Development Assessments has also formally waived the need for a master plan (in relation to this development application) by memo.

 

8.    Relevant Planning Documents

 

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

 

-   Environmental Planning and Assessment Act 1979

-   SEPP 55 – Remediation of Contaminated Land

-   Randwick Local Environmental Plan 1998

-   Draft Randwick Local Environmental Plan 2007

-   Development Control Plan – Parking

-   Building Code of Australia.

 

8.1    SEPP 55 – Remediation of Contaminated Land

This SEPP provides a state wide practice for the remediation of contaminated land. Although the site history and previous approvals do not make contamination of this site likely, a condition will be applied to any consent requiring the submission of a report confirming that the site is clear of contamination prior to the issue of a construction certificate.

 

 

8.2    Randwick Local Environmental Plan 1998

The site is zoned 5 (Special Uses Zone) under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:

 

Clause 17: Zone No. 5 (Special Uses Zone)

 

(1) The objectives of Zone No. 5 are:

a. To accommodate development by public authorities on publicly owned land, and

b. To accommodate development for educational, religious, public transport or similar purposes on both publicly and privately owned land, and

c. To allow appropriate community uses, and

d. To enable associated and ancillary development, and

e. To identify and protect land intended to be acquired for special uses, and

f.  To allow for the redevelopment of land no longer required for a special use.

 

Given the use for the purposes of an educational institution, it is considered that the proposed development is consistent with the zone objectives.

 

Clause 37A Development in Special Uses Zone

The Council may grant consent to the development of land within Zone No. 5 only if it is satisfied that the proposed development is compatible with the character of the locality and will not adversely impact on nearby development and on the amenity and character of the locality.

 

In accordance with the assessment of environmental impacts undertaken under Section 9 below, it is considered that the proposed development is compatible with the character of the locality and will not have adverse impacts upon the amenity of nearby development. As such, the proposal is considered to satisfy the provisions of this clause.

 

8.3      Policy Controls

a.    Development Control Plan - Parking

Given that the proposal does not increase either staff or student numbers, no increase in parking is required. Nevertheless, the applicant has elected to increase the parking capacity of the site from 25 to 42 vehicles to improve general amenity.

 

This is considered a positive measure.

 

b.      Section 94A Development Contributions Plan:

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost More than $200,000

$8,000,000

1.0%

$80,000

 

9    Environmental Assessment

 

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

 

 

9.1    S79C(1)(a) Statutory Controls

 

9.1.1   S79C(1)(a)(i) Environmental Planning Instruments

See discussion under Section 8.1 and 8.2 above.

 

9.1.2   S79C(1)(a)(ii) Draft Environmental Planning Instruments

 

Draft Randwick Local environmental Plan 2007

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

 

9.1.3   S79C(1)(a)(iii) Development Control Plans

 

See discussion under Section 8.3 above.

 

9.2  S79C(1)(b) Likely Impacts of the Development

 

9.2.1 Bulk, Scale and Height

Under its zoning of 5 (Special Uses), no specific height restrictions apply to this site. Assessment of appropriate height is thus subject to merit assessment.

 

The two most significant contributors to the bulk and scale of the development are the proposed Building F (the multi-purpose hall) and the water storage tower. All other elements of the proposal are comparatively low in scale and generally dwarfed by the existing buildings.

 

The water storage tower, at 26 metres, will be the most prominent element proposed on the site and also in the locality. Although more than twice the height of structures typically permitted in residential zones (12m maximum), it is located on a site zoned not only for educational institutions but also places of worship. Such a tower is consistent with the latter use and a height of 26m is comparable with other church towers in the LGA (eg St Jude’s Anglican Church in Randwick); as such it is not considered inappropriate on a site with this zoning.

 

In addition, the tower is visually isolated to its particular location on the site and as such does not create an effect of overwhelming bulk and scale upon adjacent properties. Located towards the centre of this large site and generally to the south of nearby residences, it will also have no adverse impacts in respect of overshadowing; as a non-accessible structure, it will also have no privacy impacts. Finally, although it will be visible from some distance by virtue of its height, it is well designed in a traditional architectural idiom using low maintenance materials (ie face brickwork). Its presence as a symbolic marker of a major community and religious institution is thus not considered inappropriate.

 

The general purpose hall (Building F) is approximately 15m high with an expansive footprint and is a large, bulky structure; this is an unavoidable factor of the functional requirements of this building type. It is, however, well articulated and distributes its massing to respond to the interface with the 2A Residential zone by minimising adverse impacts upon the adjacent detached dwellings; this is achieved specifically on the eastern elevation with a wall set at least 9m to 10m off the side boundary and generally just over 4m high (only a small portion is as much as 7m); these dimensions are consistent with wall heights in low density residential zones and significantly exceed minimum standard residential setbacks.

 

The impact is further reduced by the provision of generous eastern boundary screen planting. Although this building features a relatively high, sheer wall fronting Anzac Parade, this functions as an urban design feature creating an identification wall for the institution as well as a visual bookend to the site and is considered appropriate.

 

9.2.2 Car Parking and Traffic

The application proposes to increase car parking on the site from 25 to 42 spaces by way of expansion of the existing southern car park.

 

Given that there is no increase in staff or student numbers associated with the development, this will simply provide greater amenity for the site and reduce the overflow of any parking at peak periods onto Anzac Parade.

 

Any negative aesthetic impacts from the enlarged paved area have been addressed by way of increased screen planting between the car park and Anzac Parade.

 

The car parking proposals are thus considered satisfactory.

 

9.2.3 Noise

The application is likely to have minimal noise impact upon the locality as it does not propose any addition to the numbers of staff or students. There may be some additional positive benefit for adjacent properties in that the general purpose hall will physically enclose noisy activities which currently occur in that location outdoors (eg circulation around the demountable buildings and outdoor play) and also remove a substantial portion of the side access road.

 

Some concern has also been expressed regarding potential noise impact from the proposed amphitheatre on the north-east of the multi-purpose hall. Although this area is currently used as outdoor play space which results in noise, the amphitheatre may result in different patterns of use and therefore of noise production. Nevertheless, this area is screened from the street by a dense grove of trees and, more importantly, is enclosed at its sides by a solid masonry wall which should provide effective attenuation.

 

See also the comments by Council’s environmental health officer.

 

9.2.4 Privacy

The properties most vulnerable to privacy impacts from the proposal are the two detached dwellings bordering the south east boundary of the site: 690 and 692 Malabar Road. These are currently located adjacent an access road, open space and the four demountable buildings.  The proposal will result in the removal of all these elements and their replacement with the single structure of the general purpose hall.  This structure will provide a solid separation between these properties and the main body of the campus. In addition, its south eastern façade has been designed with minimal openings located only at ground floor level and with screening or elevated sill heights. Added to this is extensive additional boundary planting of shrubs and trees to create a dense landscaped screen. The outcome should thus be not only satisfactory but also an improvement over the current situation.

 

9.2.5 Overshadowing

The only properties subject to any overshadowing impact from the proposal are those on its south eastern boundary at 690 and 692 Malabar Road. Shadow diagrams submitted with the application indicate that:

·      the north facing windows of no. 690 will receive a minimum of 3 hours sunlight in midwinter; and

·      the north-east facing windows of no. 692 will receive a minimum of 3 hours sunlight in midwinter.

This is consistent with the requirements of the Dwelling Houses and Dual Occupancy DCP which, although it does not apply to the subject site, would apply to the affected properties and is useful as a guide given the zone interface context.

 

 

9.2.6 Landscaping

The site is currently poorly landscaped with no more than a scatter of small trees and some turf.

 

The proposal rectifies this with extensive and detailed landscape treatment of both frontages and the south eastern boundary, largely with native species. This will serve to screen the site, improve streetscape presentation and contribute to the general tree cover of the locality.

 

9.2.7 Streetscape

The proposal will have impacts upon two street frontages: Anzac Parade and Malabar Road.

 

The primary streetscape of Anzac Parade will be impacted largely as follows:

·      The removal of the temporary structures;

·      Construction of a new entry portico;

·      The new front blade wall of the general purpose hall;

·      The new water storage tower; and

·      Extensive additional tree planting along the street frontage to screen the site.

 

The result of this will be an improved streetscape presentation to Anzac Parade generally with increased and more considered landscaping, the replacement of the shabby temporary buildings with a formal hall and the provision of a clearly defined formal entrance. The “water storage tower” which also functions as a site marker and symbolic link to St Spyridon Church, is a well designed traditional formal tower with good proportions and materials and should contribute positively to the character of the area as a local landmark associated with a local community facility which also provides environmental benefits in its rainwater storage function.

 

The secondary streetscape of Anzac Parade will be impacted largely as follows:

·      The removal of the temporary structures;

·      The rear wall of the general purpose hall;

·      The new water storage tower; and

·      Extensive additional tree planting along the street frontage consisting of a grove of olive trees.

 

The larger elements of the general purpose hall are set well back from the street with the lower single storey sections consistent with the setbacks of adjacent dwellings to better relate to this low density residential streetscape. The more formalised landscape treatment with dense planting in the setback zone will screen the site and further improve the streetscape presentation.

 

9.2.8 Social impacts

The proposal will increase the quality of facilities available to the existing school and the associated community in respect of educational, sporting and cultural activities. It is considered that it will have positive social impact.

 

9.2.9          Ecologically Sustainable Development

In accordance with the Local Government Amendment (Ecologically Sustainable Development) Act 1997, Council requires appropriate consideration to be given to the principles of Ecologically Sustainable Development in the assessment of development applications.

 

The proposed development will be well served by public buses along Anzac Parade, linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction.

 

It includes generous landscaping primarily with native, drought resistant species and large capacity rainwater storage tanks for site irrigation and the like. 

 

It is considered that the proposal would make a positive contribution to Ecologically Sustainable Development.

 

9.3  S79C(1)(c) Site Suitability

The proposal is located on a site zoned for the purpose (zone 5 Special Uses) and upon which the use is already well established.  The site is thus considered suitable for the proposed development.

 

9.4  S79C(1)(d) Submissions

The issues raised in resident submissions have been addressed in Section 5 above and other relevant sections of this report.

 

9.5  S79C(1)(e) The public interest

The proposed development is consistent with the Randwick LEP 1998 and will provide the community with improved educational facilities.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development – The proposal exhibits sound architectural quality and responds appropriately to the context of the existing surrounding development whilst improving the quality of the educational facilities.

Direction 4a & associated key action: Improved design and sustainability across all development – The proposal creates a suitable building design whilst maintaining the amenity of adjoining and surrounding properties and addressing sustainability issues.

 

Financial Impact Statement

 

There is no direct financial impact associated this matter.

 

Conclusion

 

The development is permissible within the zone, and is generally compliant with the objectives of the relevant planning provisions that apply to the site. 

 

The proposed design suitably relates to the existing school buildings and resolves incomplete aspects of the development by replacing temporary buildings with permanent ones. It also has minimal amenity impacts on surrounding residential properties in terms of privacy, overshadowing and the like; some noise impacts may be reduced from current levels by the enclosure of some sporting activities within the general purpose hall building.

 

The proposed tower, although visible from some distance, will have no adverse impacts in respect of overshadowing, privacy or view loss and is not so close to adjacent residential properties as to result in adverse bulk and scale impacts. Given the site zoning, it is a suitable symbolic identifier for the school which also provides a practical environmental benefit.

 

Generally, the proposal will make a positive contribution to the streetscape and the locality generally with minimal adverse impacts. 

 

 

 

 

Recommendation

 

A.   That, pursuant to Clause 40A (2) (b) of Randwick Local Environment Plan 1998, Council, as the consent authority, waive the requirement for a Master Plan due to the minor nature of the proposal.

 

B.    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/524/2008 for alterations to the library, extension of the car park, demolition of existing demountable buildings, and construction of new classrooms, a walkway, tower, colonnade, entry portico and a multi-purpose hall at No. 1130 Anzac Parade, Maroubra, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

Plan Number/

Title

Prepared By

Dated

Received by Council

2008/02/01.1

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.2

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.3

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.4

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.5

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.6

Michael Z Avrimadis

14.05.2008

28 July 2008

2008/02/01.7

Michael Z Avrimadis

14.05.2008

28 July 2008

08/1306/DA1

Paul Scrivener

16.06.08

28 July 2008

08/1306/DA3(A)

Paul Scrivener

16.06.08

28 July 2008

 

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

2.       The blue dome at the top of the proposed “water storage tower” is to be finished in blue glass mosaic tiles to maintain its durability. Details of compliance with this condition are to be included in the documentation lodged with the Construction Certificate application.

 

3.       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/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

$100,001 - $200,000

$8,000,000

1%

$80,000

 

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

 

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

 

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

 

5.       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.

 

6.       All 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.

 

7.       Prior to the commencement of any building works, a construction certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & 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.

 

8.       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 and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)       notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

9.       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 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.

 

10.      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,

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

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

 

11.      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.

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

 

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

 

13.      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.

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

 

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

 

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

 

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

 

15.      A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

The following condition is applied to meet the requirements of Sydney Airports Corporation Limited in relation to the Obstacle Limitation Surface for Sydney Airport

 

16.      Advice from the Sydney Airports Corporation Limited, and/or any other relevant body, that no objection is raised, and approval is given, to the building height of the proposed development shall be obtained and submitted to 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 development.

 

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

 

17.      Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the building for the site.

 

18.      A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21.      A report prepared by a suitably qualified and experienced consultant shall be submitted to the Principal Certifying Authority (PCA) and a copy is to be provided to Council upon commencement of works (or as may otherwise be specified by the PCA or Council), certifying that noise and vibration emissions from the construction of the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, Councils conditions of consent and relevant Standards relating to noise and vibration.  In support of the above, it is necessary to submit all relevant readings and calculations made.

 

Any recommendations and requirements contained in the report are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to the PCA and Council.

 

22.      A Registered Surveyor’s check survey certificate or compliance certificate is to be forwarded to the principal certifying authority (and a copy is to be forwarded to the Council, if the Council is not the principal certifying authority), detailing compliance with Council’s approval at the following stage/s of construction:

 

a)     Prior to construction of the first completed floors/floor slabs (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the buildings are being constructed at the approved levels.

 

b)     On completion of the erection of the building showing the area of the land, the position of the building and boundary setbacks and verifying the building has been constructed at the approved levels.

 

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

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority

 

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

 

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

 

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

 

25.      Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

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

 

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

 

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

 

d)     Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

e)     A temporary timber, asphalt or concrete crossing is to be provided to the site entrance across the kerb and footway area, with splayed edges, to the satisfaction of Council, unless access is via an existing concrete crossover.

 

f)      The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to Council.

 

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

 

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

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

·       Placement of a waste skip or any other container or article in a public place.

 

26.      A Construction Site Management Plan is to be developed and implemented prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

27.      During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

Dust control measures and practices may include:-

·       Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the site fencing).

·       Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·       Installation of a water sprinkling system or provision hoses or the like.

·       Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·       Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·       Revegetation of disturbed areas.

 

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 Site Management Plan and must be submitted to and approved by the principal certifying authority prior to the commencement of any site works.  The sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction.  A copy of the approved details must be forwarded to the Council and a copy is to be maintained on-site and be made available to Council officers upon request.

 

Details of proposed sediment and erosion control measures shall include; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

Stockpiles of soil, sand, aggregate or other materials must not be located on any footpath, roadway, nature strip, drainage line or any public place and the stockpiles must be protected with adequate sediment control measures.

 

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.

 

A warning sign for soil and water management must be displayed in a prominent position on the building site, visible to both the public and site workers.  The sign must be displayed throughout the construction period.  Copies of a suitable warning sign are available at Council’s Customer Service Centre for a nominal fee.

 

29.      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.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

30.      The demolition, removal, storage, handling and disposal of  materials and all building work must be carried out in accordance with the following requirements (as applicable):

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

b)     A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 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.

 

c)     On sites involving the removal of asbestos, a  professionally manufactured sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS” and include details of the licensed contractor. The sign shall measure not less than 400mm x 300mm and the sign is to be installed prior to demolition work commencing and is to remain in place until such time as all asbestos has been safely removed from the site.

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996. Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

e)     A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council upon completion of the works prior to an Occupation Certificate being issued, which confirms that the asbestos material have been removed appropriately and the relevant requirements contained in the Asbestos Survey and conditions of consent in relation to the safe removal and disposal of asbestos, have been satisfied.

 

The following conditions are applied to provide access and facilities for people with disabilities:

 

33.      Access, sanitary facilities and car parking for people with a disability are to be provided, in accordance with Parts D3 & F2 of the Building Code of Australia and AS1428.1 & AS2890.1, which must be available at all times the building is occupied and details are to be included in the construction certificate.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

34.      The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration to other premises or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

36.      A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager of Health, Building & Regulatory Services.

 

The following conditions are applied to ensure that adequate provisions are made for the management of waste from the development:

 

37.      Prior to the issuing of a construction certificate for the proposed development, a Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises and the number and size of occupancies.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

·       Cleaning arrangements, hygiene, safety and amenity.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Waste Management Officer on 9399 0520.

 

The following conditions have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

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

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

40.      The use and operation of the premises shall not give rise to an environmental health or public nuisance and there are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The following conditions are applied to maintain reasonable levels of environmental amenity and public health safety.

 

41.      The following conditions must be satisfied prior to issuing a construction certificate for the development:

 

a)     A site contamination investigation must be undertaken by an independent and appropriately qualified environmental consultant and a report must be submitted to and approved by Council’s Manager Health, Building and Regulatory Services (or delegated officer).

 

The report must provide details on the extent, nature and degree of any contamination upon the land and ground water, having regard to past and current activities and uses that may have occurred on the site.

 

The report must include details of any required remediation works, having regard to the development and works encompassed in this consent.

       

The report is to be prepared in accordance with the following requirements and guidelines (as applicable):

·           Council’s Contaminated Land Policy 1999

·           Relevant Guidelines made or approved by the NSW Department of Environment and Climate Change (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites

·           National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999. 

·           NSW Planning Guidelines to SEPP 55 – Remediation of Land,

 

The report must demonstrate that the land is suitable (or will be suitable after specified remediation works have been carried out) for its intended use and the works encompassed in this consent. Relevant reports and other documentary evidence must be provided to Council’s satisfaction.

 

b)     Should the report referred to above in sub-clause 1) identify that the land is contaminated and the land requires remedial works to ensure that the land will be suitable for its intended use and meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be satisfied (as applicable):-

 

1)     A Remediation Action Plan (RAP) is required to be submitted to and approved by Council prior to commencing remediation works.  The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Climate Change (DECC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

2)     A written statement is to be provided to the Council from the Environmental Consultant, which confirms that the Remediation Action Plan satisfies the relevant legislative requirements and guidelines and that the land is able to be remediated to the required level and the land will be suitable for the intended development and use.

 

3)     Remediation works are required to be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, Guidelines made by the NSW Department of Environment and Climate Change (DECC) and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999, the Protection of the Environment Operations Act 1997 and conditions of development consent.

 

4)     The requirements contained within any applicable Site Contamination Report, Remediation Action Plan, Site Management Plan or other strategy associated with the site contamination report and/or remediation strategy approved by Council, form part of this consent and must be complied with.

 

5)     Upon completion of remediation works, a Validation Report must be prepared by a suitably qualified Environmental Consultant and be submitted to and approved by Council prior to commencing building works upon the site. The validation report is required to confirm provide details to demonstrate that the site is suitable for the proposed development and use.

 

c)     Should the report referred to above in sub-clause 1)  identify that the land is not contaminated or, the land is contaminated but no remediation works are proposed to be carried out (having regard to the extent and nature of the proposed development), the following requirements must be satisfied:

 

1)     Prior to issuing a construction certificate for the development, details must be submitted to and approved by Council’s Manager of Health, Building & Regulatory Services (or delegated officer) in writing, which demonstrates that the land is (or will be) suitable for the intended development and use.

 

2)     The report and details must be provided by a suitably qualified Environmental Consultant and any requirements, procedures, plans or strategies specified in the report and approved by Council form part of this consent and are required to be complied with.

 

3)     Relevant reports, documentary evidence, certification and validation must be provided to Council’s satisfaction.

 

4)     The development and associated works must not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997.

 

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

 

42.      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.

 

43.      The redesigned/enlarged carpark area must comply with the relevant provisions of AS 2890.1 – 2004. The Construction Certificate Application must demonstrate compliance with this requirement.

 

44.      A Works Zone is to be provided in Anzac Parade for the duration of the construction works.  The ‘Works Zone’ shall be provided to the satisfaction of the Randwick Traffic Committee and shall have a minimum length of 12 metres. The prescribed fee for the Works Zone must be paid to Council at least four (4) weeks prior to the commencement of work on the site.

 

It is noted that the requirement for a Works Zone may be waived if it can be demonstrated (to the satisfaction of Council’s traffic engineer) that all construction related activities (including all loading and unloading operations) may be undertaken wholly within the site.

 

45.      Prior to the issue of a construction certificate, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

All traffic associated with the subject development shall comply with the terms of the approved construction traffic management plan.

 

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

 

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

 

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

 

47.      The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the 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.

 

48.      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:

 

49.      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.

 

50.      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.

 

51.      A Road / Asset Opening Permit must be obtained from Council prior to carrying out any public utility service works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road/Asset Opening Permit must be complied with.

                                         

The owner/builder must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate for the development.

 

For further information, please contact Councils Road/Asset Opening Officer on 9399 0691 or 9399 0999.

 

52.      Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia prior to lodging the construction certificate to determine whether or not an electricity substation is required for the development.

 

53.      The applicant shall meet the full cost of the overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

54.      Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. The plans shall be in general accordance with the details shown on the submitted ‘Stormwater Drainage Design’ plan C1 by Civil Engineering Services (dated 4/7/2008).

 

A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issue, if the Council is not the certifying authority. The drawings and details shall comply with all of the drainage conditions (detailed below) and shall include the following information:

 

a.  A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b.  A layout of the proposed drainage system including swale (open drain) details, pit details, pipe sizes, type, grade, length, invert levels, etc.

 

c.  The separate catchment areas within the site, draining to each collection point.

 

d.  Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

e.  Proposed finished surface levels and grades.

 

f.   The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

55.      All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

56.      The maximum discharge to the Anzac Parade street drainage system from the subject development site is not to exceed that which would occur during a 1 in 10 year storm of 1-hour duration for the existing site conditions. All other stormwater runoff from the redeveloped portion of the site (i.e the new building and surrounds) for all storms up to and including the 1 in 100 year ARI event shall be collected and safely conveyed to the Malabar wetland located to the south-east of the development site. It is noted that the overland flows must not adversely affect any properties located adjacent to the flow path.

 

Works to upgrade / re-contour the existing drainage reserve running parallel to Anzac Parade (to ensure that flows will be contained within the reserve and Anzac Parade verge), must only be undertaken after written consent has been obtained from the Department of Housing.

 

57.      All new pipelines (excluding the recycled water supply line) shall be sized to convey 1 in 100 year storm flows at a minimum.

 

58.      The overflow pipe from the stormwater recycle storage tank shall have a minimum diameter of 225mm.

 

59.      The maximum velocity x depth factor for overland flows is 0.4 for all storms up to the 1 in 100 year storm event.

 

60.      Clear-outs/inspection points shall be provided at all pipe bends. The stormwater system shall be regularly cleaned and maintained to ensure it functions as required by the design.

 

61.      A work-as-executed plan prepared and signed by the hydraulic engineer or a registered surveyor, and approved by the Principal Certifying Authority, must be submitted to Council prior to the issuing of an occupation certificate. The work-as-executed plan shall include details of all stormwater pits, pipes and swales (including levels/contours along the overland flow path to the Malabar wetland).

 

62.      All stormwater runoff from the new development shall be taken through a sediment/silt arrester pit (or alternative filtration unit) prior being discharged from the development site.

 

The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

·         A minimum of 4 x 90 mm diameter weep holes located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

 

·         A galvanised heavy-duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipe. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

·         A child proof and corrosion resistant fastening system for the access grate (e.g. similar to a Weldlock spring loaded jay-bolt).

 

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

 

·         A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

63.      Prior to the issuing of a construction certificate for the proposed development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste.

 

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

 

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

 

65.      Landscaping at the site shall be installed substantially in accordance with the Landscape & Planting Plan prepared by Paul Schriver Landscape Architects, job number 08/1306/DA1, sheets 2 of 2, issue A, dated 16.06.08, subject to the following requirement being shown on an amended plan, which is to be approved by the PCA, prior to the commencement of site works (with a copy to be forwarded to Council if not the PCA):

 

a)   The existing overland flow path along the western boundary must remain unobstructed, with its location and extent to be clearly shown, with no planting to be undertaken in this area.

 

Tree Management

 

66.      Council does not object to the removal of those existing street trees, being several Olea europaea (European Olives) and Eucalyptus robusta (Swamp Mahogany’s) within Council’s Anzac Parade nature strip as part of the proposed works as has been shown, subject to all costs associated with any removals or replacement planting being borne wholly by the applicant, who must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.