Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 25 November 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

25 November 2008

 

 

 

 

18 November 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, 25 November 2008 at 6:00 p.m.

 

 

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 - 21 October 2008

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

MM98/08   Waiving of Fees - Coogee Surf Carnival

MM99/08   Epiphany Festival at Yarra Bay - Waiving of Fees

MM100/08  Tamarama Beach to Clovelly Beach - Ocean Swim - Request to Waive Fees  

 

Urgent Business

 

Director City Planning Reports

CP75/08    9 Seaside Parade, South Coogee

CP76/08    35 Maitland Avenue, Kingsford

CP77/08    3 Edgecliffe Avenue, South Coogee

CP78/08    77-97 Alison Road, Randwick

CP79/08    53 Doncaster Avenue, Kensington

CP80/08    10-14 Duke Street, Kensington 

CP81/08    35 - 37 St Pauls Street, Randwick

CP82 /08   25-45 Donovan Road, Maroubra

CP83/08    Draft Heffron Park Plan of Management - Public Exhibition

CP84/08    A framework for assessing applications for use of Contingency Funds

General Manager's Reports

GM42/08    Affixing of the Council Seal

GM43/08    Late night trading levy for licensed premises and other venues at Coogee

GM44/08    Coogee Diggers licence of tennis courts in Baker Park

GM45/08    Reimbursement to Council of Costs Associated with By-Election

GM46/08    Randwick City Council 2007-08 Annual Report and State of the Environment Report

GM47/08    Randwick City Council Quarterly Report - September 2008

GM48/08    Proposed Amendment to Local Government Act to remove Corporate Status of Councils

 

Director City Services Reports

CS28/08    Kellogg's  Nutri-Grain IronMan Series on Coogee Beach - 22 February 2009

CS29/08    Renaming Frenchmans Bay Reserve

CS30/08    Anzac Parade, Little Bay - Proposed Partial Road Closure

 

Director Governance & Financial Services Reports

GF53/08    NSW Police Forward Command Post at Coogee Beach - New Years Eve and Australia Day

GF54/08    2008-09 - Budget Review as at 30 September 2008

GF55/08    Investments - Update

GF56/08    Investment Report - October 2008

GF57/08    Disclosure Responsibilties of Councillors - Campaign Donations and Political Donations

GF58/08    IPART Review of the NSW Tax System - Final Report

GF59/08    Randwick City Council  Hours of Operation  - Christmas/New Year 2008/09.

GF60/08    Arrangements during Christmas/New Year period for decision making and schedule of meetings for 2009

GF61/08    Review of Councillors Expenses & Facilities Policy

GF62/08    Communication Devices Policy for Councillors

GF63/08    Department of Local Government - Directory of Policy Advice for Councils  

 

Petitions

Motion Pursuant to Notice

NM47/08    Motion Pursuant to Notice by Cr Matthews - Increasing Pensioners Rate Rebate

NM48/08    Motion Pursuant to Notice by Cr Matthews - Mowing Council's Nature Strips

NM49/08    Motion Pursuant to Notice by Cr Belleli - 1406-1408 Anzac Parade, Little Bay - Pocket Park

NM50/08    Motion Pursuant to Notice by Cr Belleli - Mowing Council's Nature Strips

NM51/08    Motion Pursuant to Notice by Cr Belleli - Weed Infestation on Nature Strips

NM52/08    Motion Pursuant to Notice by Cr Belleli - Kerb and Guttering of Anthony Lane, Matraville

NM53/08    Motion Pursuant to Notice by Cr Belleli - Improvement Programs for Endeavour Avenue, La Perouse & Mitchell Street, Chifley at Shops

NM54/08    Motion Pursuant to Notice by Cr Nash - Upgrade of Belmore Road and surrounding Streets in Randwick

NM55/08    Motion Pursuant to Notice by Cr Procopiadis - Use of Randwick Racecourse for UNSW Parking

NM56/08    Motion Pursuant to Notice by Cr Procopiadis - Venue for Mayoral Christmas Parties

NM57/08    Motion Pursuant to Notice by Cr Andrews - Cabinet Meeting for the 150th Anniversary Celebrations of Randwick Council

NM58/08    Motion Pursuant to Notice by Cr Andrews - Surfing Walk of Fame, Maroubra Beach  

Confidential

GF64/08    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.

 

CS31/08    Civic Signage for Various Locations - Tender No T03/08

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

  

Notice of Rescission Motions

Nil 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

25 November 2008

 

 

 

Mayoral Minute No. MM98/08

 

Subject:                  Waiving of Fees - Coogee Surf Carnival

Folder No:                   F2004/08286

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from George Cassimatis, Coogee Surf Life Saving Club for assistance in waiving the fees associated with the use of Coogee Beach for the annual Coogee Surf Carnival to be held on Saturday, 7 February 2009.

 

Issues

 

The Coogee Surf Carnival is a major event held on Coogee Beach annually and will draw many competitors from Sydney and outer areas, along with visitors to Coogee and its surrounds.

 

As there is no allocated budget for this type of activity it is considered that the following fees be waived:

 

Application Fee                                         $240.00

All day hire fee of Coogee Beach                  $574.10

Total                                                                 $814.10

 

Financial impact statement

 

Should Council accept the report recommendation the financial implication to Council is $814.10 and currently there are sufficient funds in the 2008/09 Contingency Fund to cover the waiving of these fees.

 

Conclusion

 

It is considered that this Surf Carnival is a major community event for the district and that the associated fees totaling $814.10 be allocated to cover expenses from the Contingency Fund.

 

Recommendation

 

That:

 

a)       Council vote $814.10 to cover the fees associated with the holding of the Annual Coogee Carnival to be held on Saturday, 7 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

25 November 2008

 

 

 

Mayoral Minute No. MM99/08

 

 

Subject:                  Epiphany Festival at Yarra Bay - Waiving of Fees

Folder No:                   F2004/00954

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

A letter has been received from Bishop Seraphim of the Greek Orthodox Archdiocese of Australia seeking the waiving of fees to celebrate the annual Epiphany Festival at Yarra Bay Bicentennial Park on Sunday, 11 January 2009 from 9:00 am until 5:00 pm.

 

Issues

 

The annual Epiphany Service and festival is one of the most important events on the Greek Orthodox calendar and it is anticipated that it will be widely attended.  A religious service will be conducted on this day and after the service there will be a day of traditional Greek festivities.

 

The fees associated with this event are as follows:

 

Administration/Application Fee                                                   $   450.00

Yarra Bay Beach Full Day Fee                                                    $   364.20

Supply and remove additional bins (based on 8 by 240 litre bins)      $   479.20

Application for registration of temporary food stalls x 12         $1,140.00

Lifeguard x 2 x 8 hours                                                             $1,438.40

Total:                                                                                                     $3,871.80

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $3,871.80 and currently there are sufficient funds in the 2008/09 Contingency Fund to cover this contribution.

 

Conclusion

 

Given that this is a religious community event it would be appropriate for Council to support the waiving of fees.

 

Recommendation

 

That:

 

a)    Council vote $3,871.80 to cover the fees associated with the event and funds be allocated from the 2008/09 Council Contingency Fund;

 

b)    The event organiser undertake to appropriately and prominently acknowledge and promote Council’s contribution prior to and during the event; and

 

c)    The Mayor or the Mayor’s representative shall be given the opportunity to address the event on behalf of Council.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 November 2008

 

 

 

Mayoral Minute No. MM100/08

 

 

Subject:                  Tamarama Beach to Clovelly Beach - Ocean Swim - Request to Waive Fees

Folder No:                   F2004/08285

Author:                   Councillor Notley-Smith, Mayor     

 

Introduction

 

An application has been received from Mr Chris Glover, Tamarama Surf Life Saving Club, seeking Council’s assistance in the waiving of fees for the staging of an ocean swim from Tamarama Beach to Clovelly Beach on 13 April 2009.

 

Issues

 

This is the first time this event has ever been run and both surf clubs are very excited about the prospect of hosting an ocean swim. 

 

The applicant has advised that this is a community event and the fairly modest proceeds made will go to the two surf life saving clubs.

 

The associated fees include:

 

Application Fee                                                $  135.00

Beach Hire – Clovelly Beach (half day)                $  240.80

TOTAL:                                                                         $ 375.80

 

Financial impact statement

 

Should Council accept the report recommendation, the financial implication to Council is $375.80 and currently there are sufficient funds in the 2008/2009 Contingency Fund to cover these fees.

 

Conclusion

 

It is considered that this ocean swim is a non-profit activity and to assist with this event, costs be allocated to cover the associated fees.

 

Recommendation

 

That

 

1.       Council vote $375.80 to cover the fees associated with the holding of the Tamarama Beach to Clovelly Beach Ocean Swim on 13 April 2009 and that the funds be allocated from the 2008/2009 Contingency Fund;

 

2.       the organiser of the event undertake to appropriately and prominently acknowledge and promote Council’s contribution to the Carnival; and

 

3.       the Mayor or his representative be given the opportunity to address the ocean swim on behalf of Council.

 

Attachment/s:

 

Nil


Ordinary Council

25 November 2008

 

 

 

Director City Planning Report No. CP75/08

 

 

Subject:                  9 Seaside Parade, South Coogee

Folder No:                   DA/456/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a detached dwelling house over 5 levels with double garage, external decks, retaining walls and site landscaping.

 

Ward:                      East Ward

 

Applicant:                S K Lee

 

Owner:                         S K Lee

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is for the demolition of the existing structures on site and construction of a detached dwelling house over 5 levels with double garage, external decks, retaining walls and site landscaping. The application is referred to the Ordinary Council Meeting for determination as the estimated development cost is more than $2 million.

 

The subject site is located on the eastern side of Seaside Parade, opposite to its intersection with Edgecliffe Avenue. The site has a frontage width of 14.33m and a land area of approximately 660m2. The site falls significantly from the street to the rear with a cross fall of approximately 9.46m. The rear property boundary is defined by the mean high water mark. The site is adjoined by detached dwelling houses to the north and south. The locality is predominantly characterised by detached style residences.

 

The application was notified in early September 2008. A total of two (2) submissions were received at the conclusion of the public consultation process. The issues raised are in relation to height and spread of proposed tree planting, overshadowing and loss of iconic views. The submission issues have been satisfactorily addressed within the body of this report.

 

Specifically in relation to view loss issues, the amended proposal will result in the loss of oblique, partial views of Wedding Cake Island and a minor portion of the sea and headland views from the north-facing lounge room window of No. 11 Seaside Parade, which are currently obtained through the foliage of an existing tree located within the above property. However, it has been established by the assessment that the proposed design is of a suitable form, bulk and scale, and represents a reasonable attempt to realise the development potential of the site. The proposal will retain views towards Wedding Cake Island and the ocean from the external deck areas of the objecting property. The anticipated obstruction of the views is justified when considering the compliance of the proposal with the objectives and performance requirements of Council’s planning controls.

 

The site is identified as being within Zone No. 2A (Residential A Zone) and a Foreshore Scenic Protection Area under Randwick Local Environmental Plan (RLEP) 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a detached dwelling that steps down the slope of the site, consistent with the character of other residential developments in the locality. The development incorporates suitable design measures that minimise the visual scale and bulk of the structures, and is considered to carry positive planning merits having regards to the site’s foreshore location.

 

The Randwick Development Control Plan (DCP) – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and setback controls for dwelling house developments.

 

The proposal has a floor space ratio (FSR) of 0.67:1 and an external wall height reaching 9.5m, which do not comply with the preferred solutions of the DCP. However, it is considered that the breaches will not result in significant adverse amenity or visual impacts on the area. The overall built form and setbacks of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended.

 

The proposed development satisfies the relevant legislation, State policies and local planning controls, and is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 4 in DP 9452 and Lot A in DP 366853, No. 9 Seaside Parade, South Coogee. The site is located on the eastern side of Seaside Parade, opposite to its intersection with Edgecliffe Avenue. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

46.635m

 

Southern, side boundary

46.94m

 

Western, Seaside Parade boundary

14.33m

 

Eastern, rear boundary

Irregular

 

Land area

 

Approximately 660m2

 

The site falls significantly from the street to the rear with a cross fall of approximately 9.46m (from RL24.31m to RL14.85m). The rear property boundary is defined by the mean high water mark.

 

The site is identified as being within a Foreshore Scenic Protection Area under Randwick Local Environmental Plan 1998 and a Coastal Zone under State Environmental Planning Policy No. 71 – Coastal Protection.

 

At present, the site is occupied by a part one- and part two-storey detached residence of rendered brick and tiled roof construction. Vehicular access is obtained from Seaside Parade via a stone paved driveway. There is a partially constructed concrete pool house within the rear portion of the site, which abuts the southern boundary. The pool house is proposed to be demolished as part of the application. Between the pool house and the rock cliff is an excavated area intended for an in-ground swimming pool pursuant to Complying Development Certificate numbered CDC-6/2005.

 

Immediately adjoining the site to the north (No. 7 Seaside Parade) is a part two- and part three-level detached dwelling of brick and tiled roof construction, with two balconies to the rear. The site is adjoined to the south (No. 11 Seaside Parade) by a part one- and part two-storey dwelling house of brick and tiled roof construction, with a rear deck on the upper level.

 

The surrounding area is predominantly characterised by detached style houses. The locality is currently experiencing gradual transition where the older housing stock is being renovated or redeveloped into modern residences.

 

Photos 1-4 show the existing building structures on the subject site.

 

Photo 1 Front elevation of the existing dwelling on site

Photo 2 Rear elevation of the existing dwelling and decking

 

Photo 3 Existing excavation in the rear portion of the site intended for an in-ground swimming pool

Photo 4 Existing partially completed pool house in the rear portion of the site

 

3.      The Proposal

 

The development proposal includes the following components:

 

·      Demolition of the existing dwelling house and the partially completed pool house on site.

·      Site preparation and excavation works for accommodating the proposed building structures.

·      Construction of a detached dwelling house over 5 levels with the following floor space elements:

Level 01:     Pool room, plant room

Level 02:     2 x bedrooms, laundry, amenities

Level 03:     Living and dining areas, kitchen, family room, amenities

Level 04:     Study room, double garage

Level 05:     1 x ensuite bedroom, 2 x bedrooms, amenities

·      Installation of a solar hot water unit and photo voltaic cells on the rooftop.

·      Installation of a passenger lift within the dwelling.

·      Construction of front and side fencing.

·      Construction of timber decking in the rear garden area.

·      General landscape works.

 

The applicant/owner is intending to construct the approved in-ground swimming pool pursuant to Complying Development Certificate CDC/6/2005.

 

A photomontage of the proposed building as viewed from the ocean is provided below (the subject building is on the left hand side of the image):


 

 

4.      Site History

 

4.1    Previous applications relating to the site

 

DA/631/2004

In July 2004, Council identified unauthorised works-in-progress within the rear portion of the subject site. A development application was subsequently lodged for the installation of a new swimming pool, timber decks, landscaping and boundary fencing. The application was refused by Council on 22 December 2004.

 

CDC/6/2005

The works of the refused development application were then the subject of a complying development application, which was approved by Council on 3 March 2005.

 

DA/648/2005

On 25 November 2005, development approval was granted by Council for demolition of the existing dwelling on site, excavation and construction of a dwelling house over 5 levels

 

 

4.2    Plan amendments

A request was made by letter dated 2 September 2008 for the submission of amended plans and additional information addressing the following issues:

 

·      There is a screen wall on both side elevations to the rear of level 4, which are supported by columns below. The above walls are intended to enhance the privacy of the occupants. However, the solid structures would reduce opportunities for improved view sharing with the adjoining properties.

 

·      The proposed built form and footprint may obstruct iconic views towards Wedding Cake Island from the adjoining property to the south at 11 Seaside Parade. In order to enable accurate assessment of the potential view loss impacts, height posts are to be installed to represent the maximum height of the building at specific locations.

 

·      A perspective drawing of the building as viewed from the ocean is to be submitted for assessment. 

 

Photomontage images of the building as viewed from the ocean were submitted to Council on 7 October 2008. A site meeting between the applicant and Council’s assessment officer was held on 3 November 2008, where a portable height post was erected to enable assessment of potential view loss impacts. Following further discussions, the applicant submitted an amended drawing on 7 November 2008 that reconfigures the southern blade wall to the rear of level 4, which would improve view sharing with the adjoining neighbour at No. 11 Seaside Parade. The revised design is considered satisfactory.

 

5.      Community Consultation

 

The subject application has been notified by letter dated 8 July 2008 to 22 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 22 July 2008. A total of two (2) submissions were received at the conclusion of the public consultation process.

 

·      10 Seaside Parade, South Coogee

·      11 Seaside Parade, South Coogee

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposal includes 3 x Banksia Serrata trees, which would obstruct views towards the ocean from the surrounding areas and result in visual intrusion.

 

The proposal includes 2 x Banksia Serrata (Saw Banksia) trees within Council’s landscape strip immediately to the west of the site. An additional Banksia Serrata will be located within the northern side setback area.

 

Whilst the species in question has a mature height reaching 15m, it has a mature spread of only 3m to 3.5m. The above planting is anticipated to be slim-line in form and would not result in significant view obstruction from the surrounding public and private domain. The above trees are considered to provide suitable visual screening of the proposed building structures and improve the streetscape character.

 

Council’s Landscape Development Officer has reviewed the development proposal and raised no objections to the above tree species.

 

The proposal will obstruct winter mid day sunlight to the north-facing windows of No. 11 Seaside Parade.

 

The proposal will not result in unreasonable shadow impacts on the adjoining properties. Refer to the “DCP” section of this report for details.

 

The proposal has not provided adequate rear setback and would obstruct iconic views of Wedding Cake Island from the north-facing lounge room window and deck of No. 11 Seaside Parade.

The proposal will not result in unreasonable view loss from the adjoining properties. Refer to the “DCP” section of this report for details.

 

6.      Technical Officers Comments

 

Development Engineers and Landscape Development Officer

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

 

Landscape Comments

There are a variety of trees, shrubs and plants within Council’s Seaside Parade nature strip across the width of the site, which while providing a green ‘presence’, are also seen to impede pedestrian access of this public area.

 

The most established specimens comprise from north to south, one dead Metrosideros excelsa (NZ Xmas Tree, tree 1 on the ‘Existing Tree Inventory’), of about 4 metres in height near the northern boundary, then to its south, one Lagunaria patersonii (Norfolk Island Hibiscus, tree 2) of about 6 metres in height which appears to be part of the original planting scheme in this street and area, and another small NZ Xmas Tree (tree 3) of around 3-4 metres in height.

 

While all vegetation on Council property (such as nature strips), falls within the provisions of Council’s Preservation Order, in this particular instance it appears that the majority (if not all) of these specimens have been planted by the property owner for the purpose of screening and privacy, rather than Council, given both the species and quantity provided in this small area.

 

No objections would be raised to removal of both NZ Xmas Tree’s as has been shown, and while the Norfolk Island Hibiscus is shown for preservation on the plans (presumably in order to maintain the screening and privacy function as well as to assist with integrating the proposed dwelling into the streetscape), the S.O.E.E. states that all vegetation on the nature strip will be removed.

 

This particular species is no longer planted by Council as it is regarded as an undesirable species due to the high irritability of the fine hairs contained within its seed pods to humans, with conditions in this report requiring that the applicant cover Council’s costs for removing all existing vegetation in this area, which will then allow the planting of more desirable native species selected from our Street Tree Masterplan, with a loss of amenity charge which is usually applied in such cases not to be applied in this instance for the reasons outlined above.

 

The other Lagunaria patersonii (Norfolk Island Hibiscus, tree 5), of about 6 metres in height, within the front yard, along the southern boundary, fronting Seaside Parade, should also be removed for same reason as already outlined above, combined with the fact it will not be possible to retain this tree and proceed with construction of the new internal driveway and garage as shown, and as such, consent for its removal has been included in this report, subject to replacement planting being provided in this area of the site as has been shown.

 

In the rear yard of the adjoining property to the south, 11 Seaside Parade, beyond the northeast corner of this neighbouring dwelling, and close to the common boundary, there is one Banksia integrifolia (Coastal Banksia, tree 8) of approximately 6 metres in height which appears in reasonable condition, with its northern aspect overhanging into the subject site.

 

It is a naturally occurring species in the Randwick LGA, is covered by Council’s Tree Preservation Order, and while performing a partial screening function between the two sites, its most important benefit may be its ability to offer a food and habitat source for native fauna along this exposed coastal strip.

 

As it is located on an adjoining property, the applicant has a responsibility to ensure it remains unaffected by this proposal, with the main threats being excavations for any masonry structures such as raised planters or common boundary fencing that may involve removal or disturbance of its root system, any drastic changes in level, as well as the extent of pruning required to avoid damage to the tree or interference with the southern side of Levels 3 & 4 during the course of construction.

 

Therefore, conditions require that an appropriate level of care be taken during works adjacent its trunk and theoretical root zone, with material selection in this same area needing to be sympathetic so as to minimise the impacts discussed above.

 

The only vegetation in the rear yard is one multi-trunk Metrosideros excelsa (NZ Xmas Tree) of approximately 4 metres in height with a canopy spread of similar dimensions, against the northern boundary, towards the northeast corner of the site. Approval has been granted for its removal as part of this application, as the provision of native species as proposed to be more beneficial to both the site, its occupants and the environment.

 

Drainage Comments

The subject development site slopes away from the street, precluding the discharge of site stormwater to Council’s kerb and gutter at the front of the site without the use of a pump out system. Pump out systems are generally not desirable, and the presence of rock prevents the use of an infiltration area. Thus, site stormwater that cannot be directed to the kerb and gutter in Seaside Parade may be drained through to the coastal reserve, at the rear of the site.

 

Stormwater runoff from the site may be directed to the coastal reserve at the rear of the site provided that it is taken through a sediment/silt arrestor pit located within the site prior to being discharged into the reserve; and also that a headwall and appropriate scour protection is provided around the outlet pipe in the reserve.

 

Driveway Comments

The Assessing Officer is advised that the submitted plans show the applicant’s driveway level at the front boundary to be at RL 24.70. The proposed level for the garage is RL 24.750.

 

For satisfactory driveway grades to be provided from Council’s layback to the site frontage, in accordance with Council’s guidelines, the driveway level at the site frontage is to be raised to RL 24.96. Raising the driveway level at the site frontage to this height still allows for a 1:8 grade from the site frontage to the garage door entrance.

 

The Assessing Officer can ask to have the levels changed prior to issuing development consent otherwise conditions have been included in the DA Conditions.

 

Comments:

No objections were raised against the proposal, subject to the recommended conditions of consent.

 

7.      Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of approximately 660m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

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

 

Clause

Required

Proposed

Compliance

22 Services

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

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

Complies, subject to conditions

29 Foreshore scenic protection area

Council to consider the probable aesthetic appearance of the proposed building in relation to the foreshore

The subject site is located within a Foreshore Scenic Protection Area under RLEP 1998.

 

The proposed building is presented in a stepped form that follows the natural fall and contours of the land.

 

The development will present a 2-storey height to Seaside Parade, consistent with the existing streetscape character.

The facades are suitably articulated with window openings, sun shade devices and privacy screens, which will minimise the visual scale of the structures as viewed from the private and public domain.

 

The proposed colour scheme adopts a neutral palette with a light tone, which is suitable to the character of the coastal location.

 

The landscape plan indicates the planting of a combination of trees, shrubs and ground covers. The proposal is considered to provide an appropriate landscape setting for the building.

 

The application has included a photomontage indicating the proposed building as viewed from the ocean. The image demonstrates that distant views will consist of a development embedded within the existing built environment and natural setting. The design scheme will not detract from the prevailing height, bulk and scale of the surrounding residences. The development will respect the predominant cascading built forms in the area, which follow the distinct local topography.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies

40 Excavation and filling of land

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

The proposal requires significant excavation to accommodate functional floor plates for levels 1, 2 and 3 that are built into the steep coastal landform.

 

The application has been referred to Council’s Development Engineers for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

Specific conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies, subject to conditions

 

8.2    Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The proposal is consistent with the general aims and zoning objectives of the draft LEP.

 

8.3    State Environmental Planning Policy No. 55 Remediation of Land

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential purposes since the 1940s. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

8.4    State Environmental Planning Policy No. 71 Coastal Protection

The subject site is identified as being within the Coastal Zone as defined under the Coastal Protection Act 1979. Accordingly, State Environmental Planning Policy No. 71 applies to the proposed development.

 

Clause 8 of the SEPP specifies matters that Council is to take into account when determining a development application, which are addressed as follows:

 

Requirements

Comments

(a) Aims of the Policy in Clause 2.

The proposed development is considered to be consistent with the aims of the SEPP in that the nature, bulk and scale of the building structures will not diminish the scenic quality of the coastal foreshore. The building is adequately setback from the rear and will not adversely impact on the stability and visual quality of the rock cliff. Suitable landscaping has been included in the design scheme to offer a potential habitat for native flora and fauna.

 

(b) Existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, improved.

There is no existing public access to and along the coastal foreshore in the immediate locality.

 

 

(c) Opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability.

The subject allotment is wholly privately owned and extends to the mean high water mark. Therefore, public access to the foreshore areas via the site is severely constrained, if not impossible. Therefore, the proposal is considered satisfactory in its current form.

 

(d) The suitability of development given its type, location and design and its relationship with the surrounding area.

 

The proposed building is presented in a stepped form that follows the natural fall and contours of the land. The proposal will maintain the existing lower density, detached housing form.

 

(e) Any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore.

The proposal will not result in any unreasonable overshadowing on the adjoining properties (refer to the “DCP” section of this report for details) and public domain.

 

The development will present a 2-storey building height towards Seaside Parade. The building steps down the slope and will not result in any significant loss of views from a public place.

 

(f) The scenic qualities of the NSW coast, and means to protect and improve these qualities.

The application has included a photomontage indicating the proposed building as viewed from the ocean. The image demonstrates that distant views will consist of a development embedded within the existing built environment and natural setting.

 

(g) Measures to conserve animals and plants, and their habitats (within the meaning of the Threatened Species Conservation Act 1995).

 

There is no known threatened animal or plant species within the subject site. The design scheme will include various native vegetation species that can potentially create a habitat for the local flora and fauna.

 

(h) Measures to conserve fish and marine vegetation (within the meaning of Part 7A of the Fisheries Management Act 1994).

The proposed building works will not extend to, or in close proximity to, the mean high water mark. Accordingly, the proposal is not considered to impact on the marine species.

 

(i) Existing wildlife corridors and the impact of development on these corridors.

There is no known existing wildlife corridor across the subject site.

 

(j) The likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards.

The proposed building is setback substantially from the mean high water mark. The current development only includes decking structures in the rear portion of the site. Therefore, the proposal is not considered to be significantly affected by, or contribute to, adverse coastal hazards.

 

(k) Measures to reduce the potential for conflict between land-based and water-based coastal activities.

The proposal is not considered to contribute to conflicts between land-based and water-based coastal activities.

 

(l) Measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aborigines.

There are no known Aboriginal sites or relics within the subject allotment.

 

 

(m) Likely impacts of development on the water quality of coastal water bodies.

Adequate drainage conditions are recommended to ensure that any stormwater runoff from the site will not adversely impact on the water quality of the ocean.

 

(n) The conservation and preservation of items of heritage, archaeological or historic significance.

There are no known heritage items or relics within the subject allotment. The site is not located within any Heritage Conservation Area.

 

(o) [Provisions relating to preparation of LEP’s]

N/A

 

 

(p) The cumulative impacts of the proposed development on the environment.

Measures to ensure that water and energy usage by the proposed development is efficient.

Specific conditions are recommended to ensure that the commitments listed on the BASIX Certificate are implemented during the construction phase of the development.

 

The proposal is not considered to contribute significantly and unreasonably to any cumulative environmental impacts on the coastal foreshore.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 199625S. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (or 264m2) is provided as landscaped area.

A total of 309m2 or 46.8% of the site is reserved as landscaped area. Complies.

 

S1

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

The rear courtyard has a total area of approximately 196m2. Complies.

 

S1

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

The rear courtyard will incorporate a level timber deck and is capable of accommodating a square of approximately 14m x 14m in dimension. Complies.

 

S1

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

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

 

S6

20% of the total site area (or 132m2) has permeable treatment.

A total of 35.6% of the site area (or 235m2) is soft landscaped and permeable.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.5:1 (or 330m2 floor area).  

The proposed FSR is 0.67:1 (or 444.4m2 floor area). Does not comply. Refer to assessment comments below.

 

The Objectives and Performance Requirements of the DCP in relation to floor space ratio aim to ensure that developments are not excessive in bulk or scale, are compatible with the existing character of the locality, and will minimize adverse amenity impacts on the neighbouring properties.

 

The proposed development will result in a breach of the maximum FSR by 0.17:1, which equates to 114.4m2 floor area.

 

Notwithstanding the proposal’s breach against the maximum permissible FSR control, the development is considered satisfactory based on the following reasons:

 

·      The proposed building is presented in a stepped form that follows the natural fall and contours of the land. A significant portion of the floor space is situated underground and will not be visible from the public domain. The design scheme is considered to respect the site topography and will not result in adverse visual impacts on the coastal foreshore.

 

·      A significant portion of the building bulk is located below the street level due to the slope of the site. The development will present a 2-storey height to Seaside Parade, consistent with the existing streetscape character.

 

·      The proposed built form has incorporated staggering wall planes, window openings, louvre screening devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a flat roof, which will minimize the overall building height. The above design measures will minimize the visual scale and bulk of the structures, despite non-compliance with the FSR development standard. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

·      The proposal has included a combination of trees, shrubs and ground covers along the perimeter and rear portion of the site. The development scheme is considered to have provided a satisfactory landscape setting that visually softens the building structures.

 

·      As will be discussed in the following sections, the proposal does not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing, privacy or view loss.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 9.5m. Does not comply. Refer to comments below.

 

S1

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

Not applicable.

 

 

 

S3

Cut or fill does not exceed 1m.

Approximately 6.1m. Does not comply. Refer to comments below.

 

S3

No excavation within 900mm of a side boundary.

The excavation required for the habitable rooms will be setback more than 900mm from the side boundaries.

 

The proposed pool plant room will require excavation at 500mm from the southern side boundary. However, the room has a depth of only 1900mm and will be situated within the ground. The above element is not considered to result in adverse visual impacts on the surrounding areas. Satisfactory.

 

S3

No excavation within 4m of a rear boundary.

The subject proposal does not include any excavation within 4m from the rear boundary (that is, the mean high water mark).

 

S4

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

The southern elevation of the double garage has nil setback from the boundary. The above garage has a length of only 9.1m and complies with the preferred solution.

 

S5

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

Not applicable.

 

External wall height

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

 

The proposal has a maximum external wall height of 9.5m, and exceeds the preferred solution by 2.5m. Notwithstanding, the proposal is considered to be satisfactory based on the following reasons:

 

·      It is considered that the sloping topography of the site renders strict compliance with the DCP preferred solution highly difficult to achieve. The proposed building is presented in a stepped form that follows the natural fall and contours of the land. The proposal is considered to satisfactorily address the landform of the site and will not result in significant adverse visual impacts.

 

·      The proposed dwelling will present a two-storey building height to Seaside Parade. The design scheme is consistent with the established development pattern and streetscape in the locality.

 

·      The proposed built form has incorporated staggering wall planes, window openings, louvre screening devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a flat roof, which will minimize the overall building height. The above design measures will minimize the visual scale and bulk of the structures, despite non-compliance with the external wall height preferred solution. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

·      The proposed building exceeds the 7m external wall height limit over a distance of 7.9m and 5.5m on the northern and southern elevations respectively. The extent of the non-compliance is considered minor in nature when compared to the length of the allotment, being over 46m for both the northern and southern boundaries.

 

It should be noted that the top floor level (level 5) has incorporated staggering wall planes, where the side elevations of Bedroom 1 are recessed 1.5m from the rest of the floor plate. The additional side setbacks provided will further reduce the visual bulk of the structures.

 

·      As will be discussed in the following sections, the proposal will not result in unreasonable overshadowing, privacy or view loss impacts on the adjoining properties.

 

Excavation

The Objective of the DCP is to ensure the height and scale of developments relate to the topography with minimal cut and fill. The proposal will require excavation of up to approximately 6.1m in depth.

 

The proposal is considered to be satisfactory in this respect due to the steep topography of the site. The extent of the excavation is necessary to accommodate functional floor plates in the middle section of the allotment. The proposed excavation and provision of floor space under ground will also minimise visual bulk and scale as viewed from the surrounding public and private domain.

 

Specific conditions have been recommended to require adequate soil retention measures to be undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard.

 


Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

Minimum 3.4m. Does not comply, refer to comments below.

 

S2

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

Minimum 14m, complies.

 

 

S3

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

Level 1

Northern boundary: 0m - 1.5m to retaining wall

Southern boundary: 0.5m to pool plant room

Level 3

Northern boundary: 1.5m to retaining wall

Southern boundary: 0m to retaining wall, 2m to habitable rooms

Level 4

Northern boundary: 1.5m to habitable rooms

Southern boundary: 0m to garage

 

Partial non-compliance, refer to comments below.

 

S3

Side setbacks be 1.5m at second floor level.

Level 2

Northern boundary: 1.5m to retaining wall

Southern boundary: 0m to retaining wall, 3.5m to habitable rooms

Level 4

Northern boundary: 1.5m to habitable rooms

Southern boundary: 2m to habitable rooms

Level 5

Northern boundary: 1.5m to habitable rooms

Southern boundary: 2m to habitable rooms

 

Partial non-compliance, refer to comments below.

 

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

The proposal has varying front setbacks from the street boundary with a minimum distance of 3.4m, which does not comply with the 6m preferred solution. Notwithstanding, the development is considered satisfactory based on the following reasons:

 

·      The existing dwellings along the eastern side of Seaside Parade do not exhibit any consistent or distinctive front setback pattern:

 

No. 1:                            0.7m to 3.7m (GIS data)

No. 5:                            0m to 0.7m (GIS data)

No. 7:                            3m to 6.5m (survey plan data)

No. 9 (subject site):         4.3m to 9.6m (existing) (survey plan data)

No. 11:                          0m to 4.7m (survey plan data)

No. 13:                          0.7m to 3.2m (GIS data)

No. 15:                          0m to 2.9m (GIS data)

 

The proposed front setback is not considered to detract from any established development pattern in the locality.

 

·      The proposal has reserved suitable setback to enable the provision of 2 x Tuckeroo trees (mature height 4m) within the forecourt areas. Additionally, the development scheme also includes the planting of 2 x Saw Banksia (mature height 15m) within Council’s landscape strip. The above planting will provide appropriate visual screening and softening of the building structures on site as viewed from Seaside Parade and Edgecliffe Avenue.

 

Side setbacks

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

 

As stated in the above table, the proposed garage will have nil setback from the southern property boundary. In addition, a number of retaining walls will not comply with the side setback preferred solutions. However, the proposal is considered satisfactory based on the following reasons:

 

·      The proposed habitable rooms are setback 1.5m to 3.5m from the side boundaries across all levels. The development scheme is considered to have reserved satisfactory side setbacks to maximize privacy and ventilation for the adjoining properties.

 

·      The proposed garage is setback 4.3m to 5.9m from the street boundary and is screened by 1800mm high front fence and gate. The absence of side setback of the parking facility is not considered to adversely impact on the streetscape character.

 

The southern wall of the garage has a length of 9.1m. However, all of the habitable rooms are setback significantly from both side boundaries. The extent of the encroachment is considered minor in nature when compared to the allotment length of over 46m and the high degree of compliance of the design. 

 

·      The development scheme has incorporated adequate measures to protect the privacy of the neighbouring properties. Specifically, aluminium louvre screens will be installed over the side windows of the dwelling to minimize overlooking into the adjoining properties.

 

·      Whilst the positioning of the retaining walls will result in a technical shortfall of side setbacks in certain locations, the majority of the walls are setback a minimum of 1.5m from the boundaries. Furthermore, the retaining walls are stepped to follow the topography of the site and will not create a significant visual bulk.

 

·      As will be discussed in the following paragraphs, the proposal will retain satisfactory solar access to the adjoining properties.

 


Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal has incorporated aluminium louvre screens over the side windows of the dwelling, which will satisfactorily minimize overlooking into the adjoining properties. Complies.

 

S1

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

The proposal has rear facing windows that are capable of oblique overlooking into the adjoining private open spaces. Does not comply, refer to comments below.

 

S1

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

Not applicable.

 

 

 

S3

Buildings comply with AS 371 and AS 2107.

The proposal has incorporated appropriate materials to minimize adverse acoustic impacts on the adjoining properties.

 

Oblique overlooking into adjoining private open spaces

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

 

The proposal contains rear-facing windows across all levels and an outdoor terrace at level 3, which are capable of oblique overlooking into the adjoining private open spaces. Notwithstanding, the proposed design is considered satisfactory based on the following reasons:

 

·      The proposed development does not provide any elevated rear-facing balconies or decks.

 

·      The rear windows are oriented to the east to capture the panoramic ocean views available to the dwelling. Specifically, the following measures have been included to minimize privacy impacts from the above windows:

 

Level 2:         The windows attached to bedrooms 4 and 5 are screened by vertical blade walls.

Level 3:         The living and dining room windows are setback 1.5m and 2.0m from the northern and southern boundaries respectively.

Level 4:         The east-facing windows on this level are attached to a 5m wide void.

Level 5:         The windows attached to bedroom 1 are setback 3m and 3.5m from the northern and southern boundaries respectively.

 

·      There is a roof-top landscaped terrace on level 3, which is setback 1.5m and 3.5m from the northern and southern boundaries respectively. The above terrace is a result of the terracing of the built form over the slope of the site. Whilst a degree of overlooking is acknowledged, the terrace is configured to capture the panoramic ocean views available to the allotment. It is considered undesirable to require the planting of dense foliage tree or shrub species along the boundaries due to their potential for obstructing views from the subject and neighbouring sites.

 

Given the existing development pattern and location of the site, complete obstruction of views is not desirable and is highly difficult, if not impossible, to achieve. The proposal is considered to have minimized visual or acoustic privacy impacts on the adjoining properties and is supported.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

 

 

S1,3

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

Complies

 

 

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The proposal includes a double garage and satisfies the preferred solution.

 

 

 

S1

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

The double garage has a clear dimension of approximately 5.5m (depth) x 6.0m (width), and satisfies the requirements of Australian Standard 2890.1.

 

S1

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

The proposed driveway has a width of 3.2m and is setback approximately 900mm from the nearest side boundary. The proposal substantially complies with the preferred solution and is considered satisfactory in this regard.

 

S1

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

Refer to comments above.

 

 

S1

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

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

 

S1

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

Not applicable.

 

 

S2

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

Not applicable.

 

 

S2

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

The proposed garage is setback 1m behind the front building line.

 

S2

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

41.8%, does not comply. Notwithstanding, the proposed garage is setback 4.3m to 5.9m from the street boundary and is screened by 1800mm high front fence and gate. Therefore, the above non-compliance is not considered to result in detrimental impacts on the streetscape.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

 

 

S1

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

The proposal includes an 1800mm high rendered masonry front fence with metal gates, and does not comply with the preferred solution.

 

The street boundary of the site is below the level of the Seaside Parade carriageway due to the topography of the area. As a result, the proposed fencing will not present as a prominent feature in the streetscape.

 

The development scheme also proposes the planting of 2 x Saw Banksia within Council’s nature strip immediately to the west of the site, which will provide suitable visual screening of the fencing structures.

 

Therefore, the proposal is considered satisfactory in this regard.

 

S1

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

 


Foreshore Development

 

Performance Requirements

Assessment

P1

No encroachments on Foreshore Building Line at identified properties.

The proposed retaining walls along the northern boundary on level 1 will encroach upon the Foreshore Building Line by 3m. The above wall sections have a maximum height of 1.5m as measured from the existing ground level.

 

Due to the steep gradient of the site, the construction of retaining walls is inevitable in order to provide a level private open space area. Given that the structures in question have a low profile and function to support landscape planting, the proposal is not considered to adversely impact on the scenic quality of the foreshores.

 

P2

Building form, colour, materials and finishes are sympathetic.

The proposed colour scheme adopts a neutral palette with a light tone, which is suitable to the character of the coastal location.

 

P3

Stepped buildings on sloping sites are articulated.

The proposed building is presented in a stepped form that follows the natural fall and contours of the land.

 

The development will present a 2-storey height to Seaside Parade, consistent with the existing streetscape character.

The facades are suitably articulated with window openings, sun shade devices and privacy screens, which will minimise the visual scale of the structures as viewed from the private and public domain.

 

P4

Buildings incorporate sufficient setbacks to allow fair sharing of views.

Refer to comments below.

 

P5

Ancillary structures do not detract from the appearance of developments.

The proposed external decking and retaining wall structures have a low profile and are not considered to adversely impact on the scenic quality of the foreshores.

 

View Sharing

The potential view loss impact of the proposed development on the adjoining dwellings has been considered. Based on desktop assessment and site inspections, it is noted that ocean and headland views are currently available to the east, north-east and south-east of the subject and adjoining sites.

 

The building footprint of the proposed development is similar to that of the adjoining property to the north at No. 7 Seaside Parade. It is considered that the proposal will not significantly reduce ocean views currently available to the above property.

 

The Wedding Cake Island is located to the north-east of the site. The proposal is capable of obstructing views towards the above local icon from the adjoining property to the south at No. 11 Seaside Parade.

 

The following paragraphs provide a four-step analysis of view loss established in the NSW Land and Environment Court case Tenacity v Warringah Council (2004):

 

(a) Type of views

No. 11 Seaside Parade currently enjoys the following views:

 

(i) Upper level east-facing deck

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Current views

The east-facing deck to the rear of the upper floor level currently enjoys the following views:

 

·      The headland of Mistral Point to the south-east

·      Panoramic ocean / sky horizon views to the east

·      Iconic views of Wedding Cake Island to the north-east

·      Views of distant headlands to the north-east

·      Minor broken sea views through the foliage of existing vegetation within No. 11 Seaside Parade to the north

 

Anticipated view loss

The proposed development will not affect any of the views to the east and south-east of No. 11 Seaside Parade.

 

The existing unobstructed views of Wedding Cake Island will not be affected with a person standing in the eastern half of the rear deck.

 

Additionally, the existing broken views of Wedding Cake Island through the foliage of vegetation will not be affected with a person sitting in the southern portion of the rear deck, which is where the occupants have placed a bench and seating.

 

It is anticipated that the following view loss will be experienced based on the height post erected on the site:

 

·      The broken sea and headland views to the north through the foliage of existing vegetation within No. 11, with a person standing and sitting.

 

 

 

(ii) North-facing lounge room window

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


Current views

The north-facing lounge room window currently enjoys the following views:

 

·      Oblique views of a portion of Wedding Cake Island to the north through the branches of an existing tree within No. 11 Seaside Parade

·      Broken sea and headland views to the north and north-east through the foliage of an existing tree within No. 11 Seaside Parade

 

Anticipated view loss

Based on the height post erected on the site, it is anticipated that the following view loss will be experienced:

 

·      Oblique, partial views of Wedding Cake Island

·      The majority of the broken sea and headland views

 

Notwithstanding the above, the proposal has subsequently been amended following the site meeting to include an opening on the southern blade wall to the rear of level 4, which would allow a portion of the broken sea and headland views to be retained.

 

(b) Side views/sitting views

The views that are anticipated to be obscured by the proposed development, as outlined above, are obtained across the shared side boundary between Nos. 9 and 11 Seaside Parade.

 

The views currently available to the rear deck are obtained with a person standing and sitting.

 

The partial Wedding Cake Island views currently available to the north-facing window are obtained with a person standing at a specific position within the lounge. The broken sea and headland views are obtained with a person standing or sitting.

 

(c) Extent of impact

In summary, the following views will be lost:

 

Location

Lost views

Upper level east-facing deck

Broken sea and headland views to the north through the foliage of existing vegetation within No. 11 Seaside Parade with a person standing or sitting.

North-facing lounge room window

Oblique, partial views of Wedding Cake Island through the branches of an existing tree within No. 11 with a person standing.

A portion of the broken sea and headland views through the foliage of an existing tree within No. 11 with a person standing or sitting.

 

(d) Reasonableness

In assessing whether the expected view loss is reasonable, the following matters have been taken into consideration:

 

·      The proposed development will not result in any significant view loss from the rear deck areas of No. 11 Seaside Parade.

 

The potential impacts on the above deck are the loss of broken sea and headland views through the foliage of an existing tree located within No. 11. The views anticipated to be lost are not considered to be highly valued as compared to the total views that will continue to be available to the deck, including panoramic views of the ocean, iconic views of Wedding Cake Island and unobstructed views of the Mistral Point headland.

 

·      The proposal has subsequently been amended to provide an opening on the southern blade wall to the rear of level 4, which would allow a portion of the broken sea and headland views from the north-facing lounge room to be retained. The design scheme is considered to have incorporated suitable measures to maximize views and amenity to the neighbouring property.

 

·      It is noted that the oblique, partial views of Wedding Cake Island through the foliage of existing vegetation will be completely lost from the north-facing lounge room window following the development. The above views are only available with a person standing at a specific position within the lounge room.

 

The above views are not considered to be of a high value when compared to the views available to the external deck and other east-facing windows of the lounge room. Furthermore, the views are currently obtained across the side boundary of the subject site, which are highly difficult to completely retain due to the densely developed urban context. It should be noted that unobstructed views of the entire Wedding Cake Island will continue to be enjoyed by the rear deck of No. 11. The loss of the views in question is not considered to significantly affect the living amenity of the dwelling.

 

·      It is acknowledged that the proposed dwelling does not comply with the FSR and external wall height standards. Notwithstanding, as is discussed in the above paragraphs, the proposal is considered to be of a suitable scale and bulk. The dwelling follows the contours of the site by incorporating adequate stepping in the building mass, and is substantially setback from the rear boundary.

 

The proposal is consistent with the built form, height and scale of the existing detached residences in the area. The proposal will present as a two-storey dwelling house to the street and is compatible with the character and streetscape of the locality. The proposed works represent a reasonable attempt to realize the permissible development potential of the land.

 

Therefore, the intrusion of the views is justified when considering the high degree of compliance and view retention measures incorporated in the proposal. It is considered that the potential view loss is reasonable in this instance.

 


Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Superseded by BASIX requirements.

 

 

 

S2

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

The majority of the rear courtyard areas will receive more than 3 hours of direct solar access on the winter solstice. Complies.

 

S2,8

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

Due to the east-west orientation of the site, the north facing windows of the subject building will be mostly overshadowed throughout the day on the winter solstice. Given the constraints of the site, the proposal is considered acceptable in this regard.

 

S9

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

The proposed built form is appropriately stepped to follow the contours of the site. The proposal will not unreasonably overshadow potential solar collectors on the adjoining properties. Complies.

 

S9

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

The proposal will completely overshadow the north-facing windows of No. 11 Seaside Parade on the winter solstice. Does not comply, refer to comments below.

 

 

S9

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

The proposal will allow 3 hours of direct solar access to the majority of the private open space of No. 11 Seaside Parade on the winter solstice. Complies.

 

Solar access to north-facing windows

The objective of the DCP aims to protect solar access enjoyed by neighbours.

 

There is a north-facing window attached to the upper level lounge room of No. 11 Seaside Parade, which currently enjoys direct solar access from 9am to 3pm on 21 June. Following the proposed development, the above window will be completely overshadowed throughout the day on 21 June.

 

Notwithstanding the above, the proposal is considered acceptable based on the following reasons:

 

·      The subject proposal achieves full compliance with the rear setback controls. In addition, the majority of the southern elevation is setback a minimum of 2m from the shared boundary. The building footprint and positioning are considered to be adequate in terms of retention of solar access to the adjoining properties.

 

·      It is acknowledged that the external wall heights do not comply with the preferred solutions of the DCP. However, a fully compliant external wall height is not anticipated to significantly improve solar access to the side windows of No. 11 Seaside Parade, given the layout of the proposed building and the orientation of the subject and adjoining sites.

 

·      The east-facing windows that are attached to the lounge room of No. 11 Seaside Parade will continue to enjoy direct solar access in the morning period on 21 June. Therefore, the amenity of the above lounge room, which functions as the principal living area, will not be detrimentally compromised following the proposed development.

 

·      The proposal will retain 3 hours of direct sunlight to the majority of the rear private open space and elevated deck of No. 11 Seaside Parade on the winter solstice. It is considered that a satisfactory level of living amenity will be maintained for the above adjoining property.

 

·      The adjoining site at No. 11 Seaside Parade is currently under-developed, being under the permissible floor space ratio and substantially exceeding the required landscaped area provisions stipulated in the DCP. There is a fair likelihood for redevelopment of the above property in the near future. The solar access conditions are anticipated to be improved with an extended dwelling on the above site.

 

9.2    Randwick Development Control Plan - Parking

The Parking Development Control Plan specifies the following parking rates for dwelling house developments:

2 spaces per dwelling house with 3 or more bedrooms

The proposal includes 5 bedrooms and a double garage is provided on level 4. The development therefore satisfies the requirements of the DCP.

 

The double garage has a clear internal dimension of approximately 5.5m (depth) x 6.0m (width), and satisfies the requirements of Australian Standard 2890.1.

 

9.3    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$2,607,261

1.0%

$26,072.61

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

Section 79C(1)(a)(i) – Provisions of any environmental planning instrument

Refer to the “Environmental Planning Instruments” section of this report for details.

 

 

Section 79C(1)(a)(ii) – Provisions of any draft environmental planning instrument

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008.

 

 

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

Refer to the “Policy Control” section of this report.

 

 

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

 

Not applicable.

Section 79C(1)(a)(iv) – Provisions of the regulations

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. A standard condition is recommended to address the above matter.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to the demolition of structures. Accordingly, a specific condition is recommended to require compliance with Australian Standard 2601.

 

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

 

Section 79C(1)(b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

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

 

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

 

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

The site is located within an area, which is predominantly characterised by lower density residential developments. The site has sufficient dimension to accommodate the proposed structures. Therefore, the site is considered suitable for the proposed development.

 

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

The issues raised in the submissions have been addressed in this report.

 

 

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

The proposal is not considered to result in significant adverse environmental, social or economic impacts on the locality. Accordingly, the proposal is considered satisfactory in public interest terms.

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design is sympathetic to the coastal environment and the character of the existing streetscape, and will not detract from the visual setting of the South Coogee foreshore areas.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

Recommendation:

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/456/2008 for demolition of existing structures on site and construction of a detached dwelling house over 5 levels with double garage, external decks, retaining walls and site landscaping, at No. 9 Seaside Parade, South Coogee, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

07029 – 0001 (Rev 01)

26.05.08

1-Jul-08

Tzannes Associates

07029 – 1001 (Rev 03)

25.06.08

1-Jul-08

07029 – 1002 (Rev 02)

26.05.08

1-Jul-08

07029 – 2001 (Rev 02)

26.05.08

1-Jul-08

07029 – 2002 (Rev 02)

26.05.08

1-Jul-08

07029 – 2003 (Rev 02)

26.05.08

1-Jul-08

07029 – 3001 (Rev 03)

25.06.08

1-Jul-08

 

, the application form and any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

2.       The proposed blade wall on the southern elevation to the rear of level 4 is to be reconfigured in accordance with drawing entitled “South Elevation – Revised”, dated 07.11.2008, prepared by Tzannes Associates and stamped by Council on 7 November 2008.

 

3.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the Materials and Finishes Sample Board, prepared by Tzannes Associates, and received by Council on 1 July 2008.

 

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

 

5.       There must be no encroachment of the structure/s or associated articles onto Council’s road reserve, footway, nature strip or public place.

 

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

        

7.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of approved paving or the like on the ground) without the written consent of Council.

 

8.       Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

 

9.       No cooking facilities or sanitary fittings other than those indicated on the approved plans are to be installed in the premises without the prior written consent of the Council.

 

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

 

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

 

The applicant and owner are advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

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

 

12.     The proposed swimming pool within the rear portion of the site does not form part of this Development Consent. The construction of any swimming or spa pool must require a separate Development Consent or Complying Development Certificate, as applicable. (Note: this Development Consent includes all external timber decking and landscaping within the rear portion of the site.)

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

       

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$2,607,261

1.0%

$26,072.61

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

The following condition has been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

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

 

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

 

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

 

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

 

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

 

22.     Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

A copy of the construction certificate, the approved plans & specifications and development consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

23.     Prior to the commencement of any building works, the person having the benefit of the development consent must:-

 

i)        appoint a Principal Certifying Authority for the building work, and

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.     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.

 

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

 

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

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

·           Details of hazardous materials, including asbestos

·           Method/s of demolition and removal of asbestos

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

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

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

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

·           Date the demolition and removal of any asbestos materials will commence

 

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

 

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

 

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

 

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

 

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

 

c.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

d.       On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

e.       Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

f.        A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal Certifying Authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

34.     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.

 

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

 

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

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

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

·           as otherwise required by the Principal Certifying Authority.

 

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

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

38.     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.

 

39.     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 footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and levels of the building.

 

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.

 

40.     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.

 

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

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  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.

 

Temporary site fences 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 public place, the written consent from Council’s Building Services section must be obtained beforehand and detailed plans are to be submitted to Council for consideration, together with payment of the weekly charge in accordance with Council’s adopted fees and charges.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction;

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

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

 

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

 

b.       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.

 

c.       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.

 

d.       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.

 

e.       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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·         before 7.00am or after 8.00pm on weekdays.

 

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

 

47.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and details are to be included in the construction certificate documentation.

 

48.     A demolition and construction Waste Management Plan (WMP) must be developed and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

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

 

49.     The applicant must meet the full cost for Council or a Council approved contractor to:

 

a)  Construct a new concrete vehicular crossing opposite the vehicular entrance to the site.

 

50.     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.

 

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

 

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

 

52.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level (concrete/paved/tiled level) at the property boundary for the driveway and pedestrian entrance shall be as follows:

 

·      Driveway Entrance – RL 24.96

·      Pedestrian Gate Entrance – RL 24.98

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0923.

 

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

 

53.     Prior to issuing of the construction certificate the design alignment levels (concrete/paved/tiled level) issued by Council, for the driveway entrance and pedestrian gate entrance, must be indicated on the building plans for the construction certificate.

 

54.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $631.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

 

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

 

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

 

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

 

57.     Stormwater runoff from the site may be directed to the coastal reserve at the rear of the site provided that:

 

a)     All stormwater runoff is taken through a sediment/silt arrestor pit located within the site prior to being discharged onto the reserve.

 

b)     A headwall and appropriate scour protection is provided around the outlet pipe in the reserve.

 

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

 

58.     Landscaping at the site shall be installed substantially in accordance with the Landscape Concept Plan, by Hortus Design Pty Ltd, drawing number L01 - 02, job number L0313, issue A, dated 14/04/08; subject to the following additional requirements being shown on an amended plan which shall be submitted to, and be approved by, the PCA (with a copy to be forwarded to Council if not the PCA, prior to the commencement of site works):

 

a)   Deletion of Raphiolepsis species (Indian Hawthorn) from the planting plan and plant schedule, as this generally develops small black berries which can be spread by birds and invade areas of native bushland (such as Lurline Bay to the south, and Trenerry Reserve to the north which have both had substantial amounts of bush regeneration), and are to be replaced with alternative, non-invasive species of similar form and function;

 

b)   While Banksia integrifolia (Coastal Banksia) is an appropriate species selection at the site, a continuous row of six along the northern boundary, between the northeast corner of the proposed dwelling and northeast corner of the site is excessive, as a combination of the quantity proposed and their height at maturity will result in significant, and legitimate view loss for the adjoining property to the north, 7 Seaside Parade. As such, only the two most western trees in this group shall be planted, and the rest deleted;

 

c)   For the same ‘view loss’ issue as outlined in point ‘b’ above, all perimeter planting on both the northern and southern boundaries, beyond the eastern edge of the proposed dwelling, shall be restricted to those species which will attain the same height as any common boundary fencing; i.e., no more than 2 metres above the finished ground level, with species such as Leptospermum laevigatum (Coastal Tea Tree), which can attain a height of 6 metres and are proposed for both boundaries, to be replaced with alternative species.

 

59.     The landscaping shall be installed in accordance with the approved documentation, prior to the issue of a final occupation certificate, and shall be maintained in accordance with those plans.

 

60.     The nature-strip upon Council's footway 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, and shall be maintained by the applicant.

 

Tree Management

 

61.     The applicant is required to cover Council’s costs for removing the three existing trees from Council’s Seaside Parade nature strip, comprising from south to north, one small Metrosideros excelsa (NZ Xmas Tree), one Lagunaria patersonii (Norfolk Island Hibiscus) and another dead Metrosideros excelsa (NZ Xmas Tree), prior to the commencement of ANY site works, and must contact Council’s Landscape Development Officer on 9399-0613, giving at least 4 weeks notice to make the necessary arrangements for these removals.

 

62.     The applicant must also cover Council’s costs for the supply and installation of 2 x 25 litre street trees, Banksia serrata (Saw Toothed Banksia’s), to the north of the vehicle crossing, with the applicant to contact Council’s Landscape Development Officer to arrange for their installation two weeks prior to the completion of all site works ($214.50 incl. GST).

 

63.     Both amounts detailed in the two conditions above shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development.

 

64.     Approval is granted for the removal of all existing vegetation within the site in order to accommodate the proposed works as shown, as all were observed to be either undesirable or insignificant, and therefore, exempt from the provisions of Council’s Tree Preservation Order (TPO), with this approval only provided on the basis of full implementation of the approved landscape plan.

 

65.     Permission is granted for the minimal and selective pruning of only those overhanging branches from the northern aspect of the Banksia integrifolia (Coastal Banksia), located in the rear yard of the adjoining property to the south, 11 Seaside Parade, close to the common boundary, which need to be specifically pruned in order to avoid damage to the tree, or interference with the approved building works during the course of construction.

 

66.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary; however, where such measures are desirable in the best interests of correct pruning procedures, and ultimately, the health of this tree, the applicant shall negotiate with the neighbour/tree owner for access to perform such work.

 

67.     All pruning must be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

 

 

Tree Protection Measures

 

68.     In order to ensure retention of the Banksia integrifolia (Coastal Banksia, tree 8 on the ‘Existing Tree Inventory’ on the submitted Landscape Plan) located in the rear yard of the adjoining property to the south, 11 Seaside Parade, close to the common boundary in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application shall show the retention of this neighbouring tree, with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       Spot levels shall be submitted confirming that existing ground levels within the subject site, for a radius of 2 metres off the outside edge of its trunk, shall be maintained, with any planting in this area to be provided at grade (no raised planter boxes permitted).

 

c.       Any stormwater or other site services are to be designed and installed so as to be located as close as practically possible to the proposed dwelling, within the 2 metre radius specified in point ‘b’ above.

 

d.       Any common boundary fencing within the 2 metre exclusion zone described above shall be a type which does not require a continuous strip footing.

 

e.       Any excavations required within the 2 metre exclusion zone shall be initially undertaken by hand, with any roots encountered to be cut cleanly and the affected area backfilled with clean site soil as soon as practically possible.

 

f.        Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

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 or any other container or article.

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 November 2008

 

 

 

Director City Planning Report No. CP76/08

 

 

Subject:                  35 Maitland Avenue, Kingsford

Folder No:                   DA/706/2008

Author:                   Chahrazad  Rahe, Assessment Planner     

 

Proposal:                     Construction of a carport structure to the front of the existing dwelling.

 

Ward:                      West Ward

 

Applicant:                Projects Tt

 

Owner:                         Mr G Calopedos

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The application is referred to Council for determination at the request of Councillors White, Tracey and Procopiadis.

 

The application seeks consent to construct a carport structure to the front of the existing dwelling. 

 

The application was notified to adjoining and nearby property owners.  No objections were received.

 

Council has resolved that the minimum requirement for the length of a carspace is to be 5.0m. The Development Engineers have no objection to the carspace as the submitted plans and measurements on site indicate that the proposed carspace will just manage to comply with this requirement.

 

The main issue is the visual impact that the erection of a carport to the front of the dwelling and up to the front boundary will have upon established street character.

 

The carport structure also does not comply with the objectives and performance requirements of the DCP and would set a poor precedent that encourages structures sited in front of dwelling houses and close to the front boundary.

 

The application is recommended for refusal.

 

The Proposal

 

The proposal is for the construction of a carport structure to the front of the dwelling.  The dimensions of the carspace are 5m in length x 3.09m in width.

 

The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Maitland Avenue between Gardeners Road & Tresidder Avenue in Kingsford. The site currently occupied by an existing large two storey dwelling with a garage to the rear which has been converted into a shed/storage area.  There is an existing driveway along the northern side of the boundary, which is only 2.3m in width.  This is not an adequate driveway width to allow a vehicle to entry and exit safely from the site.  The site has a frontage width of 12.5m, a side boundary depth of 36.37m and has an overall site area of 440m². 

 

Adjoining the property to the north is a two storey dwelling with a garage located behind the front building line to the northern side of the dwelling.  Adjoining the property to the south is a two storey dwelling. Adjoining the property to the rear is a single storey dwelling.

 

The surrounding area is residential in character and consists predominately of single and two storey dwelling houses. The dwellings to the western side of Maitland Avenue are elevated from the street level and a few have garages which are sited along the front street alignment.

 

 

 

 

 

 

 


 

Photographs of the site and surrounds

1. The existing two storey building

2. Adjoining two storey dwelling to the south

3. Adjoining two storey dwelling to the north

4. The existing subject driveway where proposed carport is to be located

 

1.    Site History

BA/586/1996 - An application was approved for alterations and additions to the existing dwelling.  The application also included the construction of a carport structure, which was deleted from the approval. The location and design of the carport structure is similar to the propose design in this application.

 

2.    Community Consultation

The owners of the adjoining and neighbouring properties were notified of the proposed development in accordance with the DCP – Public Notification.  As a result of this notification, no submissions were received.

 

3.    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:-

 

Development Engineers

This report is based on the following plans and documentation:

·      Architectural Plans  by Projects TT dated Aug 2008;

·              Statement of Environmental Effects by Projects TT stamped by Council 1st Oct 2008


Landscape Comments

 

Within Council’s Maitland Avenue nature strip, to the south of the existing vehicle crossing, there is one Elaeocarpus reticulatus (Blueberry Ash) of approximately 3 metres in height which is covered by the provisions of Council’s Tree Preservation Order (TPO), due to its location on public property.

 

The small size of this tree, combined with the fact that all works will be contained wholly within the site means that any impact is unlikely; however, minimal protection measures will still need to be imposed in order for Council to ensure its preservation in the streetscape, and will be done so by preventing secondary impacts such as damage by site machinery and the stockpiling of soil and materials around its trunk.

 

Beyond the northern site boundary, in front of the adjoining property to the north, 33 Maitland Avenue, there is one large Ficus macrocarpa var. ‘Hillii’ (Hills Weeping Fig) which despite its canopy growing close to the common boundary, has been pruned away from the overhead wires so that no part of this tree will be in conflict with the proposed works, and as such, conditions relating to it will not be required, and have not been included in this report.

 

Similarly, while the 5 metre tall Thuja occidentalis (Bookleaf Conifer) located inappropriately close to the southwest corner of the subject dwelling is the only established vegetation in this front setback, it will not be affected by the proposed works as it growing on the opposite side of the site, with conditions not required for this tree.

 

There are some small shrubs, including a 3 metre tall Camelia japonica (Camelia), in the front yard of the adjoining property to the north, 33 Maitland Avenue, close to the common boundary.

 

Despite growing against the common fence line, immediately adjacent where the proposed works will be undertaken, all are too small to be covered by the TPO, and as such, Council is unable to impose any formal conditions relating these specimens.

 

While several other shrubs/small trees were observed in the rear yard of the subject site, no comments or conditions have been provided for these as the works in this application are restricted entirely to the front portion of the property.

 

Carspace Comments

 

Council requires a carspace with minimum length of 5.0m. The submitted plans and measurements on site by the development engineer indicate that the proposed carspace will just manage to comply with this requirement.

 

Australian Standard (AS/NZS 2890.1:2004) requires a minimum clearance to the overhead carport of 2.20m.  Plans submitted for the Construction Certificate shall demonstrate compliance with this requirement.

 

4.    Master Planning Requirements

 

The site is less than 4000m² and therefore a master plan is not necessary.

 

 

 

5.    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 Residential 2A under Randwick Local Environmental Plan 1998 and the proposal is permissible with Council's consent. The following Clauses of the LEP 1998 apply to the proposal:-

 

Clause 10 – Zone No 2A (Residential A Zone)

The proposal is inconsistent with the aims of RLEP 1998 and the specific objectives of the zone in that the proposed built form will not enhance and compliment the aesthetic character of the established streetscape.  The application is recommended for refusal.

 

5.1 Policy Controls

a.    Development Control Plan No. Dwelling Houses & Attached Dual Occupancies

 

6.    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.

 

Main issues

Type

Description

Front and side Building setbacks.

 

The DCP for Dwelling Houses & Attached Dual Occupancies states that garages and carports are to be located behind the building line where parking is only available from the front of the site. 

 

The proposed carport structure is located in front of the building line and is sited to the southern side boundary with a nil setback not complying with the preferred solution. 

 

Also the carport does not conform with the general setback of adjoining properties and will be a dominating structure along the streetscape. On this side of the street there are no carport or garage structures forward of the front building line. The structure is not supported as it is not within the established character of the streetscape and will set an inappropriate precedent.

Landscaping

The proposal provides 37.4% of the site as landscaped area and, therefore, does not comply with the preferred solutions. The existing landscaped area on the site is less than the preferred solution requirement of 40% (only 38.4%). The proposal will be further reduce the landscaped area by 1%. The reduction is not considered to be significant and the permeable treatment on the site is adequate and will provide for good stormwater infiltration on the site.  Also there is sufficient recreation space to the rear yard. Given these attributes, the variation from the preferred solution is acceptable and will meet the objectives and performance requirements of the DCP.

 


 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

37.4%

No, see main issues column above.

25m² of private open space provided.

The private open space in the rear yard will not be altered 87.98m2.

Yes

Min. dimensions of 3m x 4m & minor level change

10.6m x 8.3m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

More than 20% of the site area is permeable treatment.

Yes

Height, Form & Materials

External wall height maximum 7m

n/a

n/a

External wall height to the rear maximum 3.5m.

The carport structure has an overall height of 2.958m to the front section of the carport and 3.4m to the rear section of the carport.

Yes

Cut or fill maximum 1m.

n/a

n/a

No excavation within 900 mm of a side boundary.

Minor excavation for the posts.

n/a

No excavation within 4m of a rear boundary.

n/a

n/a

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

n/a

n/a

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

n/a

n/a

Building setbacks

Front setback average of adjoining dwellings or 6m

 

The carport is sited on the front boundary with a nil setback.

No, see main issues column above.

Rear boundary setback at least 4.5m

n/a

n/a

Side setbacks be 900mm at ground level.

The carport is sited on the side boundary with a nil setback.

No, see main issues column above.

Side setbacks be 1.5m at second floor level.

n/a

n/a

Side setbacks be 3.0m at third floor level.

n/a

n/a

Garages & Driveways

 

 

 

Garages & Driveways

(continued)

1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

1 car parking space

Yes

Parking spaces have a min. dimension of 5.5m x 2.5m.

5m x 3.09m

As per Council resolution 5m.  Complies.

Driveway minimum width of 3m and side setback 1m

Existing driveway crossing.

n/a

Driveway maximum width of 3m at the boundary.

Existing driveway crossing.

n/a

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

Existing driveway crossing.

n/a

Garages and carports to rear lanes set back 1m.

n/a

n/a

Parking and access is provided from the rear.

n/a

n/a

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

The proposed carport structure is located in front of the building line.  Does not comply – see main issues column above for assessment.

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

24.72%

Yes

 

Suitability of the site

 

The proposed development is not considered to be suitable for the site in that it is inconsistent with the established character of the streetscape and will set an inappropriate precedent. The application is recommended for refusal.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed carport structure forward the front building line does not satisfies the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies. The carport structure is not supported as it is not within the established character of the streetscape and will set an inappropriate precedent for any future similar provisions in front of the existing building line.

 

Recommendation

 

That Council as the responsible consent authority, refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/706/2008 to construct a carport structure to the front of the existing dwelling for at 35 Maitland Avenue, KINGSFORD for the following reasons:

 

1.     The proposed carport does not comply with the relevant objectives, performance requirements and preferred solutions of Part 4.7 of the Development Control Plan - Dwellings and Attached Dual Occupancies in that the siting of the proposed carport to the front of the dwelling and up to the front boundary will detract from the character of the local streetscape. 

 

2.     The proposal fails to satisfy the relevant objectives of Zone No. 2A (Residential A Zone) embodied in Clause 10 of the Randwick Local Environmental Plan 1998, as it will not maintain the character of the area and will compromise the amenity of the residential area.

 

3.     The proposal fails to satisfy aim (g) of the Randwick Local Environmental Plan 1998 in that the development does not promote, protect and enhance the environmental qualities of the City.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 November 2008

 

 

 

Director City Planning Report No. CP77/08

 

 

Subject:                  3 Edgecliffe Avenue, South Coogee

Folder No:                   DA/412/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Construction of rumpus rooms on top level roof terraces of approved dual occupancy dwellings

 

Ward:                      East Ward

 

Applicant:                P Benic

 

Owner:                         P Benic

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan