Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 11 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

11 November 2008

 

 

 

 

4 November 2008

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 11 November 2008 at 6:30 p.m.

 

 

Committee Members:           The Mayor, B Notley-Smith, Andrews, Belleli, Bowen, Hughes, Matson (Deputy Chairperson), Matthews, Nash (Chairperson), Procopiadis, Seng, Smith, Stevenson, Tracey, White & Woodsmith.

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences

Confirmation of the Minutes

Planning Committee Meeting - 12 August 2008

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D43/08      15 Seaside Parade, South Coogee (Deffered)

D44/08      73-109 Belmore Road, Randwick 

D45/08      147 Avoca Street, Randwick

D46/08      38 Coogee Bay Road, Randwick

D47/08      417-439R Bunnerong Road, Maroubra

D48/08      2-40 Gumara Street, Randwick

D49/08      6 Barrett Place, Randwick

D50/08      1406-1408 Anzac Parade, Little Bay

 

 

Miscellaneous Report

M6/08       Coogee Bowling Club Ltd - Authority to Execute Lease Agreement and Affix the Seal   

Confidential

D51/08      1-9  & 2-8 Pine Avenue, Little Bay - DA/615/2006 & DA/616/2006

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

  

Notice of Rescission Motions

NR9/08      Notice of Rescission Motion by Councillors Belleli, Procopiadis and Nash - Ordinary Council Meeting 21 October 2008 - Director City Planning Report CP57/08 - 132 Gale Road, Maroubra

NR10/08    Notice of Rescission Motion by Councillors White, Matthews and Andrews - Ordinary Council Meeting 21 October 2008 - Director City Planning Report CP56/08 - 266 Coogee Bay Road, Coogee  

 

 

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

11 November 2008

 

 

 

Development Application Report No. D43/08

 

 

Subject:                  15 Seaside Parade, South Coogee

Folder No:                   DA/441/2008

Author:                   Louis Coorey, Environmental Planning Officer     

 

Introduction

 

Development Application Report No. CP62/08 recommending refusal of the subject application for the construction of a new swimming pool and deck to rear of dwelling was considered at the Ordinary Council meeting of 21 October 2008. Council resolved, at that meeting:

 

(Nash/Woodsmith) that the application be deferred to the next Planning Committee meeting to allow for the submission of amended plans.

 

An amended plan numbered AWJS-P + D/1 Rev. C, dated 7 October 2008 was received by Council on 27 October 2008. The plan shows a 4 metre reduction in the deck from the rear of the property which results in only partial compliance with the foreshore building line at the north-eastern corner and non-compliance for the rest of the deck and pool. It is noted the height of the development has not been amended.

 

Issues

 

The main issue relating to the proposed development is ensuring that it is sympathetic and protects the natural coastal features of the site and the coastal foreshore. Relevant instruments providing guidance on the assessment of development along the foreshore include Clause 29 of the Randwick Local Environmental Plan (RLEP) 1998 “Foreshore scenic protection Area” and State Environmental Planning Policy (SEPP) 71 “Coastal Protection”.

 

Clause 29 of the RLEP 1998 requires development to be contained within a 30m foreshore building line and SEPP 71 requires that development should be of a type, bulk, scale and size that is appropriate for the location and protects and improves the natural scenic quality of the New South Wales coast and surrounding area.

 

In respect to Clause 29 of the RLEP 1998, the amended development achieves numerical compliance at the north-eastern corner of the deck, however for the remaining portion of the deck and the pool located further south it does not comply. Whilst it is acknowledged that the development is generally in line with the rear extent of adjoining structures, it is considered that the lower land level in this portion of the site compared with that of the adjoining sites means the amended development continues to rise above and over the majority of the gully and the cliff face resulting in the obstruction of the impressive views of the coastal foreshore.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Overall, the coastal topography and features along this portion of the coast comprise a gradual fall in land away from adjoining sites forming a gully that contributes to the visual amenity of the coastal cliff face and the general foreshore. The amended proposal’s bulk, height and siting should it be approved will continue to have an adverse impact on the foreshore scenic protection area.

 

Recommendation

 

That Council as the consent authority refuse development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/441/2008 for permission to construct a new swimming pool and deck to the rear of the existing dwelling at 15 Seaside Parade, South Coogee for the following reasons:

 

1.       The proposed development does not comply with the purpose of Clause 29 of the Randwick Local Environmental Plan 1998 by resulting in a detrimental and adverse visual impact upon the Foreshore Scenic Protection Area.

 

2.       The proposed development does not comply with the objectives of clause 4.9.2 of the of the Development Control Plan for Dwellings and Attached Dual Occupancy development in that the proposal does not conserve the natural form of the land and water interface and the siting and location of the development does not respect the natural characteristics of the cliff and associated coastline.

 

3.       The proposal encroaches upon the designated Foreshore Building line and is considered to be unacceptable in it’s form and siting as it will create an adverse impact on the existing environmental qualities of the foreshore area

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 November 2008

 

 

 

Development Application Report No. D44/08

 

 

Subject:                  73-109 Belmore Road, Randwick 

Folder No:                   DA/698/2008

Author:                   Gerard Turrisi, GAT & Associates Pty Ltd     

 

Proposal:                     Alterations and additions to Randwick Branch Library and Early Childhood Health Centre including creation of separate entry to Early Childhood Health Centre, removal of internal partitioning, new meeting rooms, new book return and new Early Childhood Centre.

Ward:                      West Ward

Applicant:                CK Design International

Owner:                         AMP Shopping Centre

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

 

1.    Executive Summary

 

The subject development application has been referred to the Planning Committee for consideration as the application directly relates to a Council use, being the Randwick Branch Library and Early Childhood Health Centre.

 

The application involves alterations and additions to the existing Randwick Branch Library and Early Childhood Health Centre including the creation of a separate entrance to the Early Childhood Health Centre.

 

The proposal will also involve a new fit out, which allows the two activities to operate independent to each other. There are no external alterations proposed by this application other than the provision of a large skylight to the centre of the Library. Another small skylight is proposed above the Early Childhood Health Centre.

 

Given that the proposal principally involves internal alterations, the application was not notified. The roof change is not visible from the public domain area and do not increase the height of the building other than for flashing around the roof and skylight.

 

The proposal is satisfactory and creates no unreasonable impacts. Accordingly the Development Application is recommended for approval.

 

2.      The Proposal

 

It is proposed to undertake alterations and additions to the existing Randwick Branch Library and Early Childhood Health Centre located within the Royal Randwick Shopping Centre located at Shop 62, 73-109 Belmore Road, Randwick.

 

Currently, the Early Childhood Health Centre and Library share the main entrance to the existing tenancy/shop area.

 

The proposal allows the relocation of the Early Childhood Health Centre to the western end of the existing allocated tenancy so as to create two separate entrances.

 

This will allow for the Early Childhood Health Centre to operate independent of the Library, which will in return improve services to the community as there is greater flexibility in which the uses can subsequently operate.

 

The proposed new fit out will also modernise the Library and provide for improved amenities.

 

The proposal is also to install a new skylight to the centre of the Library to improve natural light. There are also some smaller additional skylights proposed to the Early Childhood Health Centre.

 

There are no external works being proposed other then the alterations need to provide for the skylights however, these works will not be visible from the public domain. The overall height of the building remains unchanged other then the flashing required for the skylight on the roof. It is important to note that the roof is flat, which means that the overall height of the building if retained.

 

The proposed alterations will increase the amount of floor space by a small amount through the removal of a walkway in the area of the lift. Currently this area contains the letter boxes associated with the tenancies within the shopping centre. These will need to be relocated to the satisfaction of Australia Post.

 

The additional floor space constitutes in area approximately 43sqm and is a logical amendment which will improve the amenity of the area by removing an unneeded alleyway. This will also improve casual surveillance by removing this space and thus removing blind corners.

 

3.      The subject site and surrounding area

 

The subject tenancy is located on level one of the shopping centre known as Royal Randwick Shopping Centre. The current operator occupies Shop 62 within the centre.

 

The existing shopping centre is known as 73-109 Belmore Road, Randwick. The site also has access to Avoca Street.

 

The surrounding development is commercial in nature varying in scale, being two and three storey commercial style buildings.

 

Access to the site is via Belmore Road and Avoca Street with vehicle access off Avoca Street.

 

The Library has operated from the premises since the opening of the shopping centre.

 

As stated, the proposal retains the tenancy with some minor additional floor space created by the removal of the corridor around the lift.

 

The existing shop (Shop 62) occupies an area of 968sqm which will be increased to 1,011sqm by the proposed additions.

 

4.      Community Consultation

 

The proposal has not been notified given that the proposal fundamentally involves internal works. The proposed skylight will not be visible from the public domain and therefore, the application was not advertised.

 

This is in accordance with Council’s current policy.

 

5.      Technical Officers Comments

 

The application involves alterations and additions to an existing tenancy located within the existing shopping centre.

 

Under the Building Code of Australia the classification of the building is as follows:

 

Class 5/6     (Retail Premises, Shops/Offices)

Class 9B      (Library and Fitness Centre)

Class 7A      (Car park)

 

Council’s Manager of Health Building and Regular Service have commented on the proposal and have recommended that appropriate conditions of consent be included as part of any approval.

 

Description of the Building

 

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of 3

§ Masonry walls, metal roof and concrete floors

§ Numerous exit stairways of concrete construction

§ Commercial tenancies at all levels-No residential component

§ External balcony & stairway

§ Side boundary building setbacks of approximately nil

 

Background

 

The existing building on site is a 3 storey commercial building bounded by buildings of a similar nature and residential development. The library was established in conjunction with the original development of the centre.

 

Key Issues

 

Building Code of Australia (BCA):

 

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

 

Access for people with a disability:

 

The existing building appears to satisfy the current BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Standard conditions could be included to ensure the new configuration complies with the BCA requirements.

 

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

 

Site Management:

 

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

 

6.           Master Planning Requirements

 

Under the Randwick Local Environmental Plan 1998, Clause 40A applies to the site given that the site has a site area in access of 4,000sqm. Subclause 2 states as follows:

 

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

 

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

 

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

 

It is submitted that the proposed alterations and additions, which principally involve a new fit out is minor work  and is ancillary to the current use of the land and is minor work in terms of the works associated with the building.

 

It is therefore considered in the first instance that Council can waive the requirement of a master plan. This proposal is not a proposal that could be deemed as a redevelopment of the site.

 

7.      Relevant Environmental Planning Instruments

 

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

 

·           Randwick Local Environmental Plan 1998

·           Environmental Planning & Assessment Act, 1979

·           Development Control Plan – Randwick Junction

·           Development Control Plan – Parking

·           State Environmental Planning Policy No 55 – Remediation of Land.

 

7.1    Statutory Controls

 

(a)    Randwick Local Environmental Plan 1998

The subject site is zoned General Business 3(a) under the Randwick Local Environmental Plan 1998 and the proposed activities are permissible with Council’s consent.

 

Under Clause 22 of the Local Environmental Plan, Council must not grant consent to carry out development on land unless it is satisfied that services such as the supply of water and for the removal or disposal of sewerage and drainage are available to the land.

 

Given the subject use is contained within an existing building, existing services are adequate on the site.

 

Under Clause 32 of the Local Environmental Plan, the subject site is restricted to a floor space ratio of 2:1.

 

Gross floor area under the Randwick Local Environmental Plan states as follows:

 

gross floor area means the sum of the areas of each level of a building where the area of each level is taken to be the area within the inner face of the external enclosing walls and the area of any attic measured at 2.1 metres above the floor level of the attic excluding:

 

(a)    columns, fin walls, shading devices, awnings, balconies and any other elements, projections or works outside the general lines of the outer face of the external wall, and

 

(b)    lift towers, cooling towers, machinery and plant rooms, and air-conditioning ducts, and

 

(c)    associated car parking and any internal vehicular or pedestrian access to that parking (to ground level), and

 

(d)    space for the loading and unloading of goods.

 

Although the proposal involves an additional 43sqm of floor area to the tenancy, it does not increase the overall floor space within the building as the corridor, which is being incorporated into this tenancy, is in fact floor area under the Local Environmental Plan definition. Therefore there is no alteration to the existing floor area.

 

Under Clause 33, the site is restricted to a 12 metre height requirement.

 

The proposed skylights are contained within the existing envelope and therefore, there is no change to the overall height of the building.

 

The subject site is located within a heritage conversation area and is also in the vicinity of heritage items.

 

Given that the proposed works involving internal alterations and that the proposed skylights will not be visible to the street, it is considered that the proposed works will not have an impact to either the conservation area nor will it have an impact in terms of its relationship to the vicinity of the surrounding heritage items along both Belmore Road and Avoca Street.

 

It is considered that the proposed skylights provide additional natural light into the Library and Early Health Childhood Centre. The proposed works are not out of style, scale or proportion which would impact the heritage items in the vicinity of the subject site.

 

It is also important to note that the site is not adjoined by any heritage items.

 

The provisions relating to master planning under Clause 40A of the Randwick Local Environmental Plan has been addressed as part of this Development Application within this report.

 

State Environment Planning Policy No 55 – Remediation of Land.

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

 

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

 

The site history indicates a retail/commercial use in a built form that occupies the entire site. Therefore it is not likely that the site has experienced any contamination.

 

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

 

7.2    Policy Controls

 

(a)    Development Control Plan – Randwick Junction

This Development Control Plan applies to the subject site.

 

A review of the specific controls contained within the Development Control Plan fundamentally relate to new development and its relationship to adjoining properties in terms of setbacks, parking, access, solar access and the like.

 

Given that the proposed application involves an internal fit out and the provision of new skylights, there are no specific development provisions within this Development Control Plan which are breached by this application. Therefore, in assessing the proposal, having regards to this Development Control Plan, one can be satisfied that the proposal is acceptable and is not in conflict with any of the general objectives and aims contained within the plan.

 

(b)    Development Control Plan – Car Parking

Council’s Development Control Plan – Car Parking also applies.

 

As stated previously, the proposed development does not generate any additional floor space and therefore, the proposal does not require any additional parking on site. Accordingly, the proposed development is satisfactory having regard to Council’s Development Control Plan.

 

8.      Environmental Assessment

 

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

 

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

 

There are currently no draft Environmental Planning instruments that are applicable to the site.

 

The proposal also accords with the relevant Sections of the Development Control Plan as detailed.

 

The proposed development will not have an impact on the natural environment. The area is characterised by built forms.

 

Given the site is located within a commercial precinct there will be no loss of vegetation created by this proposal. The proposed works relates to a fit out of an existing building.

 

The proposed alterations are generally internal. The proposed skylights are located on a flat roof and thus will not be visible from the public domain. Therefore, there will be no impact to the character of the area created by this development.

 

There are no amenity impacts created by this proposal and accordingly, are considered that the proposed development is acceptable.

 

The proposed works will bring the Council Library and the Early Childhood Health Centre a needed upgrade and bring it into line with operational needs to meet the community requirements.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the Development Control Plans which apply.

 

The proposal will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

Accordingly the proposal is recommended for approval.

 

 

 

 

 

 

Recommendation

 

A.        That Council waive the requirement for a Master Plan under Clause 40A(2) as the proposed works is of a minor nature and is only ancillary to the current operation of the shopping centre and to its current operation.

 

B.         That Council as the consent authority grant development consent under Section 80 and 80A of the Environmental Planning & Assessment Act, 1979 (as amended) to Development Application No. DA/698/2008 for alterations and additions to an existing tenancy which relates to the Randwick Branch Library and the Early Childhood Health Centre including the creation of a separate entry to the Early Childhood Health Centre, removal of internal portioning, new meeting rooms, new book return at shop 62/73 – 109 Belmore Road, Randwick, NSW subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered DWG NO A 01.02 to A 04.01 and A 06.01 to A 06.04, dated 18 September 2008 and received by Council on 29 September 2008, the application form and or any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

The following conditions are applied to ensure that the development satisfies the provisions of the Environmental Planning and Assessment Act 1979 and Regulations and to provide for reasonable levels of safety and amenity:

 

2.       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.

 

3.       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.

 

4.       Prior to the commencement of any building works (including fit-out works), a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

i)      appoint a Principal Certifying Authority, and

 

ii)      appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

 

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

 

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

 

6.       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 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.

 

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

 

·    name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

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

 

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

9.       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.

 

10.     In accordance with clause 98 of the Environmental Planning and Assessment Regulation 2000, it is a prescribed condition, that in the case of any residential building work, a contract of insurance must be obtained, prior to the commencement of works, in accordance with the provisions of the Home Building Act 1989. Details of compliance are required to be provided to the Principal Certifying Authority.

 

11.     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.

 

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

 

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

 

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

 

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

 

Fire safety

 

13.     The existing levels of fire and safety within the building are to be upgraded in accordance with the following requirements and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)     The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

1)     Provide emergency lighting system in accordance with clause E4.2 & E4.4 of the BCA,

 

2)     Provide illuminated exit signs in accordance with clause E4.5 & E4.7 of the BCA,

 

3)     Provide portable fire extinguishers in accordance with clause E1.6 of the BCA,

 

4)     Provide fire hose reel system in accordance with clause E1.4 of the BCA and AS 2441(2005)-Installation of Hose Reels.

 

5)     Balustrades and handrails to stairways, balconies, decks or the like are to be designed and constructed to satisfy clause D2.16 & D2.17 of the BCA,

 

6)     The automatic fire sprinkler system is required to be maintained and operate in accordance with clause E1.5 of the BCA and AS2118.1 (1999)-Automatic Fire Sprinkler Systems.

 

7)    Air-handling systems within the premises known as Shop 62 must comply with the relevant requirements of clause E2.2 of the Building Code of Australia (unless a written exemption or variation has been obtained from the NSW Fire Brigade and the Council, or Certifying Authority].

 

Details of the proposed system must be provided to the Council or the Certifying Authority (as applicable) and upon completion of the installation, a Fire Safety Certificate must be submitted to the Certifying Authority and the Council.

 

8)     Prior to commencing  the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

Structural adequacy

 

15.     A Certificate prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of ‘The Spot’ and ‘Circulation Area’ skylights.

 

Building & demolition works

 

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

 

·        Occupational Health and Safety Act 2000

·        Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·        WorkCover NSW Code of Practice and Guidelines

·        Australian Standard 2601 (2001) – Demolition of Structures

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

·        Randwick City Council Asbestos Policy (adopted 13 September 2005)

 

17.     In accordance with Council’s Asbestos Policy, the following requirements are to be satisfied if any materials containing asbestos are present in the building:

 

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

 

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

 

b)   A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS 2601-2001, Demolition of Structures.

 

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)   Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

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

 

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

 

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

 

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

 

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

 

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

 

20.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works.

 

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

 

b)   A Road Opening Permit must be obtained from the Council and other relevant Authorities prior to excavating or opening-up the road or footway for services or the like.

 

c)   Building materials, sand, soil, waste materials or construction equipment 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.

 

d)   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 & Regulatory Services department.

 

e)     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. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)      Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding is to be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

Temporary fences or hoardings or the like 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 or hoardings 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 hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Health, Building & Regulatory Services department 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.

 

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

 

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

 

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

 

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

 

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

 

Access & Facilities

 

The following conditions are applied to provide appropriate access and facilities to the premises:

 

23.     Access and facilities for people with disabilities must be provided to new building work in accordance with any relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application.

 

 

 

ADVISORY MATTERS:

 

A1.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) for a Class 9b building of Type A construction.

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA. Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

You are also advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A2.       The applicant is advised that this approval does not guarantee compliance with the provisions of the Disability Discrimination Act 1992 and the applicant should therefore consider their liability under the Act.  In this regard, the applicant is advised that compliance with the requirements of the Building Code of Australia and Australian Standard 1428.1 - Design for Access and Mobility does not necessarily satisfy the objectives of the Disability Discrimination Act 1992.

 

The applicant/owner is requested to give consideration to providing access and facilities for people with disabilities in accordance with Australian Standard 1428 Parts 1, 2, 3 and 4 - Design for Access and Mobility, which may be necessary to satisfy the objectives of the Disability Discrimination Act 1992.

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 November 2008

 

 

 

Development Application Report No. D45/08

 

 

Subject:                  147 Avoca Street, Randwick

Folder No:                   DA/529/2005/B

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Section 96(2) modification to the development consent for reconfiguration of the approved ground floor smoke terrace and provision of a semi-outdoor gaming room on the ground floor level of the Coach and Horses Hotel.

 

Ward:                      East Ward

Applicant:                C Thomas

Owner:                         Argos Investments

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The original development application was for the alterations, additions and internal fit-out of an existing hotel building, including refurbishment of part of the ground floor level, conversion of the existing accommodation units on the first floor to a number of entertainment rooms with an associated bar area and a new outdoor terrace, and minor internal works to the second floor and stairs. The application was approved by the Health, Building and Planning Committee on 14 February 2006.

 

A Section 96(2) application was subsequently submitted to Council for the provision of a new smoking terrace at ground floor level, installation of a new doorway opening to Alison Road and 24 hours, 7 days a week trading of the approved first floor outdoor terrace, bar and pool/snooker table areas. The proposed modifications were approved by Council on 27 February 2007, subject to amended and additional conditions.

 

In particular, the proposed operation hours for the first and ground floor smoke terraces are specified in Conditions 13 and 74 of the modified consent, which read as follows:

 

13.     A maximum number of 60 patrons is permitted on the first floor outdoor area between 10:00am and 12 midnight Monday to Sunday and a maximum number of 10 patrons is permitted on the first floor outdoor area between 12 midnight and 10:00am Monday to Saturday. The maximum number of 40 patrons is permitted on the ground floor smoking area at any time.

 

74. The smoking area at ground floor level and the bar, pool / snooker table and outdoor areas at first floor level are permitted to operate between:

 

Monday to Saturday: 24 hours a day.

Sunday: 10.00 am to 12 Midnight.

 

The subject application seeks Council’s approval to modify the configuration of the ground floor outdoor smoke terrace, and provide a semi-outdoor gaming room directly accessible from the terrace. The application is made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979.

 

The proposed modifications have been advertised and notified to 141 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. A total of one (1) submission was received at the conclusion of the public consultation process. The submission is concerned with cumulative noise impact on the surrounding residential uses, including a possible future redevelopment on the adjoining site at No. 149-153 Avoca Street.

 

The site is identified as being within Zone No. 3A (General Business Zone) under Randwick Local Environment Plan (RLEP) 1998. The proposed development is permissible with Council’s consent. The proposal is considered to be consistent with the zoning objectives in that the modified development will enhance the functioning and operation of the existing hotel, and will not adversely impact on the viability of the Randwick Junction business centre.

 

The subject hotel building is listed as a heritage item and is within the Randwick Junction Heritage Conservation Area under RLEP 1998. The proposed works will not affect the street façade, height and footprint of the building. The modifications are therefore considered to be satisfactory on conservation grounds.

 

The proposal will enlarge an existing smoke terrace and convert an originally enclosed space to a semi-external gaming room. The development could potentially result in increased noise impact on the surrounding residents.

 

The applicant has submitted an Acoustic Assessment report, dated 11 July 2008, and two supplementary reports dated 29 August and 7 October 2008, prepared by The Acoustic Group, which detail various noise mitigation measures and address issues raised by Council. Council’s Environmental Health Officer has reviewed the above reports and recommended that the proposed mitigation measures be incorporated in any approval granted by Council as additional / altered special conditions.

 

It is considered that the proposed development will not result in unacceptable noise impacts on the surrounding residents, subject to the above mentioned mitigation measures and conditions of consent.

 

The proposal satisfies Sections 79C and 96(2) of the Environmental Planning and Assessment Act, and is recommended for approval.

 

2.      The subject site and surrounding area

 

The subject site is described as Lot A in DP 323736, No. 147 Avoca Street, Randwick. The site is located at the south-eastern corner of the intersection of Alison Road and Avoca Street. The site is a rectangular shaped allotment with a 39m frontage to Alison Road, an 18m frontage to Avoca Street and a land area of 774.3m2.

 

The site accommodates a 3-storey building known as the ‘Coach and Horses Hotel’, which is identified as an item of local heritage significance under Randwick Local Environmental Plan 1998. The site is located within the Randwick Junction Heritage Conservation Area. No vehicular access or car parking is available to the site.

 

The surrounding developments are as follows:

 

North

Across Alison Road to the north is a 3-storey corner building with retail services at ground level and residential accommodation above (Nos. 139-145 Avoca Street).

 

South

The adjoining development to the south fronting Avoca Street is a 2-storey building containing 3 commercial tenancies at ground level and residential accommodation on the storey above (Nos. 149-153 Avoca Street). Further to the south is a part 3- and part 4-storey mixed commercial and residential development (Nos. 155-161 Avoca Street).

 

East

To the east of the site along Alison Road is a 3-storey residential flat building (No. 205 Alison Road).

 

West

To the west of the site across Avoca Street is a 3-storey commercial building with retail uses at ground level (Nos. 126-128 Avoca Street). A former post office and a Telstra service building are located at the north-western corner of the intersection (Nos. 122A, 124, 124M and 124T Avoca Street).

 

 

Photo 1 Alison Road elevation of the Coach and Horses Hotel

 

Photo 2 Avoca Street elevation of the Coach and Horses Hotel and the adjoining mixed commercial and residential building at No. 149-153 Avoca Street (objector)

 

 

Photo 3 Existing ground level smoke terrace

Photo 4 Existing skylight over the lounge area; note the glazing is proposed to be removed

 

3.      The Proposal

 

The subject application seeks Council’s approval to modify the configuration of the ground floor outdoor smoke terrace, and provide a semi-outdoor gaming room directly accessible from the terrace. The proposal includes the following components:

 

·      Removal of the existing skylight glazing above the lounge area. The steel framing of the skylight will be retained.

·      Demolition of the existing smoke terrace partition walls.

·      Partial demolition of the gaming room partition walls.

·      Erection of glazed partition walls to define the new smoke terrace and semi-outdoor gaming room areas.

·      Repositioning of the existing gaming machines to suit the new floor layout.

·      Installation of roof glazing above the area currently occupied by the smoke terrace and conversion into a covered walkway.

·      The dimension of the smoke terrace will be increased from 5000mm x 2502mm to 4800mm x 5200mm. A semi-outdoor gaming area of 5600mm x 3900mm in dimension will be created.

·      The void over the new smoke terrace will be setback from the southern property boundary by 1402mm. The existing smoke terrace currently abuts the southern boundary.

 

4.      Site History

 

4.1    Current hours of operation

In accordance with the current Hotelier’s Licence No. 101341 under the Liquor Act 1982, the permitted trading hours are as follows:

 

 

Monday – Saturday            5:00 am to 5:00 am the following day

Sunday                            10:00 am to 12 midnight

 

It should be noted that the above hours are only applicable to the whole of the ground floor excluding the gaming area.

 

The current trading hours of the hotel are as follows:

 

Monday – Wednesday         10:00 am to 3:00 am the following day

Thursday – Friday              10:00 am to 8:00 am the following day

Saturday                          9:00 am to 5:00 am the following day

Sunday                            10:00 am to midnight

 

4.2    Approved developments

 

DA/529/2005

 

Alterations, additions and internal fit-out of an existing hotel, including refurbishment of part of the ground floor level, and conversion of the residential accommodation on the first floor to a number of entertainment rooms with an associated bar area, a new outdoor terrace and minor changes to the second floor and stairs.

 

Council at its Health, Building and Planning Committee Meeting on 14 February 2006 resolved to grant consent to the proposed development.

 

The approval was issued on the basis that a trial period of 12 months being implemented to allow Council to monitor and assess the impact of the first floor outdoor area. Specifically, Condition 11 of the consent provides for the following:

 

11. The approval for the use of the outdoor area is limited for a period of 12 months only from the date of the issue of any occupation certificate to enable the Council to monitor and assess the impact of the activity on the public health, safety and amenity of the surrounding environment.

 

DA/529/2005/A

 

Section 96(2) modification to amend conditions relating to the hours of operation of the first floor bar, pool and outdoor areas; and design alterations including provision of an additional doorway to the Alison Road frontage, and modification to the roof over the existing lounge areas at ground level to accommodate a new outdoor smoking terrace.

 

Council at its Ordinary Meeting on 27 February 2007 resolved to approve the proposed modification, subject to amended and additional conditions.

 

The maximum number of patrons permissible within the ground and first floor smoke terraces is specified in amended Condition 13 of the consent, which reads as follows:

 

13.     A maximum number of 60 patrons is permitted on the first floor outdoor area between 10:00am and 12 midnight Monday to Sunday and a maximum number of 10 patrons is permitted on the first floor outdoor area between 12 midnight and 10:00am Monday to Saturday. The maximum number of 40 patrons is permitted on the ground floor smoking area at any time.

 

The permitted operation hours of the ground floor smoke terrace are specified in Condition 74 of the consent, which reads as follows:

 

74. The smoking area at ground floor level and the bar, pool / snooker table and outdoor areas at first floor level are permitted to operate between:

 

Monday to Saturday: 24 hours a day.

Sunday: 10.00 am to 12 Midnight.

 

Additionally, Condition 11 relating to the trial operation of the first floor outdoor area was deleted.

 

4.3    Plan amendments

A request was made by letter dated 20 August 2008 for the submission of a supplementary acoustic report addressing the following issues:

 

·      The maximum permitted noise levels for all sound producing equipment within the hotel, including, but not limited to, any juke box, TV and gaming machines.

·      Measures for ensuring that the permitted noise criteria are not exceeded by the sound producing equipment.

 

Additional information was received on 3 September 2008.

 

A further request was made by letter dated 9 September 2008 for the submission of a supplementary acoustic report addressing the following issues:

 

·      The background noise levels at all existing residential receivers, including the upper floor level of the subject building and the residential developments to the south of the site.

·      Revised calculations of the anticipated cumulative noise levels from all outdoor areas pre and post midnight.

·      Details demonstrating compliance with the NSW Health “Smoke Free” requirements.

·      Consideration of the potential noise impacts on any future redevelopment of the adjoining premises at Nos. 149 to 153 Avoca Street.

 

Additional information was received on 8 October 2008.

 

5.      Community Consultation

 

The subject application was advertised and notified to 141 adjoining and nearby properties from 30 July to 13 August 2008 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submission was received at the conclusion of the public consultation process:

 

·      Wilkinson Murray Pty. Ltd. on behalf of the owners of No. 149-153 Avoca Street, Randwick

 

The issues raised in the submission are addressed as follows:

 

·      Issue: The submitted acoustics report (prepared by The Acoustic Group) has not addressed potential noise emissions received by the existing residential uses further to the south at higher elevation, and the possible redevelopment of the adjoining site at 149-153 Avoca Street.

 

The future redevelopment of the adjoining premises at 149-153 Avoca Street would overlook the first floor outdoor terrace as well as the void above the proposed ground floor smoke and gaming terrace.

 

Comments:

The proposal will enlarge an existing smoke terrace and convert an originally enclosed space to a semi-external gaming room. The development could potentially result in increased noise impact on the surrounding residents.

 

The applicant has submitted an Acoustic Assessment report, dated 11 July 2008, and two supplementary reports dated 29 August and 7 October 2008, prepared by The Acoustic Group, which detail various noise mitigation measures and address concerns raised by Council’s information request letters.

 

Council’s Environmental Health Officer has reviewed the above reports and recommended that the proposed mitigation measures be incorporated in any approval granted by Council as additional / altered special conditions.

 

According to Council’s records, there has been no development application lodged to date in relation to any redevelopment of No. 149-153 Avoca Street. It should be noted that the subject hotel has been in continuous operation for decades. Any future development in the surrounding allotments should be appropriately designed to respond to the environmental constraints in the context, including noise generated by traffic and the nearby land uses. The subject proposal has included suitable noise amelioration measures and it is considered onerous to require the applicant to address any possible concerns caused by a development scheme that has yet to be finalised.

 

·      Issue: Additional acoustic details should be provided by the applicant, including the background noise levels at all existing residential receivers and revised calculations of cumulative noise levels.

 

Comments:

The above information was requested by Council’s letter dated 9 September 2008. A supplementary report dated 7 October 2008 was subsequently submitted by the applicant’s acoustic consultant (The Acoustic Group). The additional information has been reviewed by Council’s Environmental Health Officer and is considered to be satisfactory. The proposed mitigation measures outlined in the applicant’s acoustic analyses have been incorporated in the “Recommendation” section of this report.

 

6.      Technical Officers Comments

 

6.1    Heritage Planner

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

 

The subject site is occupied by the Coach and Horses Hotel, listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the building describes it as “a building of considerable historical interest.    Lesser architectural interest but makes a major streetscape contribution at this historic crossroads site.”  There are a number of heritage items in the vicinity including each of the buildings on the other three corners of Avoca Street and Alison Road. 

 

The original application proposed alterations at ground, first and second floor levels, including provision of reconfigured lounge and gaming areas and new stairs.  A new outdoor terrace was also proposed at first floor level.  The current amendment proposes changes at ground floor level comprising reconfiguration of the gaming area and modification of the previously approved adjoining open air smoking terrace.  The proposal will enlarge the existing gaming area and create a section which will be separated from the main gaming area and open to the air.

 

The original application was accompanied by a Heritage Impact Statement prepared by City Plan Services.  In terms of significance, the HIS noted that “the Hotel makes an important contribution to the character of the Randwick Junction Conservation Area, occupying an important corner site and complementary in scale and character with the surrounding development of mostly late Victorian date.”  The current application has been accompanied by a Statement of Environmental Effects which includes a section on Heritage, noting that the proposed modifications will have a nil effect on the heritage value of the building and that the previous HISs remain unchanged.  Unfortunately the information which has been provided is insufficient to expedite the heritage assessment of the proposal. 

 

The Heritage Impact Statement submitted with the original application noted that the original two storey sandstone hotel was constructed around 1856, and was substantially remodelled to its present appearance, probably in the 1890s.  The single storey infill element on the Avoca Street frontage (bottle shop) was constructed prior to 1929 and the rear courtyard space subsequently enclosed to form a gaming and bistro area.  The floor plans submitted with the original application provide evidence of the early footprint of the building and early and original external walls. 

 

In relation to the proposed changes to the gaming area and open air smoking terrace, it is noted that the proposed enlarged gaming area will require removal of an existing wall.  It appears that the wall which is to be removed is not early or original.  It is noted that the previous amendment proposed partial removal of the existing translucent roof, while the current amendment proposes reinstatement of this section of the roof and removal of a different section of the roof.  It is noted that this rear part of the building has undergone considerable change and that the translucent roof is of relatively recent construction.  The proposed change to the roof will not in any case be visible from the street.

 

It is considered that the proposed changes will not detract from the contribution which the Coach and Horses Hotel makes to the character of the Randwick Junction Conservation Area.

 

6.2    Building Surveyor

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

 

BCA Building Classification

Class        -      6 (Hotel) Ground & 1st floor levels

Class -      4 (Residential unit) 2nd floor level

 

Description of the Building

In summary, the building incorporates:

§  A ‘rise in storeys’ of 3

§  Masonry walls, tiled roof and timber floors

§  Bars at ground and 1st  floor level

§  Caretakers residential sole occupancy unit at second floor level

 

Background

The existing building on site is a three storey hotel building with caretakers unit at 2nd floor level, bounded by mixed residential/commercial buildings.

 

Key Issues

An inspection of the subject premises identified that the existing provisions for fire safety and sound transmission within the building are generally adequate. Refer to Environmental Health Officer’s comments and recommendations.

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

Access for People with a Disability:

The existing building appears to satisfy the current BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

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

 

6.3    Environmental Health Officer

The subject application has been referred to Council’s Environmental Health Officer for assessment. The comments provided are extracted below:

 

Noise is considered a potential issue as such an acoustic report dated 11 July 2008 titled “Acoustic Assessment – Section 96 Application Ground floor smoking area Coach and Horses Hotel Randwick”.

 

The acoustic report established background noise level of 48dB(A) after midnight. To be conservative however, a back ground noise level of 45dB(A) lower than the lowest background noise level was adopted as it was the original noise goals established with previous assessments.

 

It is considered the assessment locations are appropriate locations A and C. The c consultant has adopted the conservative view using 50% total occupants in predicting noise levels with raise voices.

 

The consultant has recommend patrons in the ground floor smoking area being limited to 40 persons and the gaming area to 20 persons. The consultant advised the proposed smoking area can be used 24 hours a day seven days a week with the roof outdoor area limited to 10 patrons after midnight.

 

Further information was requested in memo dated 11 August 2008 requesting information on permissible noise levels and sound limiting controls on amplified fixtures.

 

As a result acoustic report dated 29 August 2008 titled “Provision of additional information section 96 application ground floor smoking area Coach and Horses Hotel, Randwick “

 

In response the consultant has advised the ground floor televisions to be a maximum of 75dB(A) at 3 metres.

 

The consultant recommends a maximum noise level from a gaming machine is to be 65dB(A) at 1 metre.

 

For the western bar Juke Box is located maximum noise level of 86dB(A) and 92dB linear at 1.5 metres from speakers. A noise limiter is recommended for the juke box.

 

For the first floor eastern bar the internal music is to be a maximum of 105dB(A) and 110dB(A) in the middle of the room.  Power for any speakers and amplification equipment are to be controlled by a noise limit cut out switch such as a tecsound monitor. With the recommendations detailed above followed the consultant advised the LAB criteria can be complied with.

 

Additional Information is further requested in relation to confirming the following as a result of the proposal and concerns raised:

 

Confirmation of background noise levels at all existing residential receivers (including upper level floors or residences to the south).

 

Revised calculations and presentation of the cumulative noise levels from all outdoor areas and compliance with relevant criteria pre and post midnight.

 

Confirmation the design of the of the outdoor area and compliance with the NSW Health Smoke Free requirements for open space as any alteration to the acoustic design may impact design acoustic goals.

 

Consideration of the potential impacts on the proposal south of the subject premises at 149-153 Avoca Street, Randwick.

 

RECOMMENDATION

The following information is required to be submitted prior to a determination of the development application.

 

An acoustic report is to be submitted to and accepted by Council. The report is to be prepared by a suitably qualified and experienced consultant in acoustics and the report and assessment is to be completed in accordance with the NSW Environment Protection Guidelines, namely the Industrial Noise Policy and Environmental Noise Control Manual (sleep disturbance) and the relevant Australian Standards.

 

The additional information is to include:

 

·       Confirmation of background noise levels at all existing residential receivers (including upper level floors or residences to the south).

 

·       Revised calculations and presentation of the cumulative noise levels from all outdoor areas and compliance with relevant criteria pre and post midnight.

 

·       Confirmation the design of the of the outdoor area complies with the NSW Health Smoke Free requirements for open space as any alteration to the acoustic design may impact design acoustic goals.

 

·       Consideration of the potential impacts on the development proposal south of the subject premises at 149-153 Avoca Street, Randwick currently before Council.

 

The information requested was submitted on 3 September and 8 October 2008. The information has been reviewed by Council’s Environmental Health Officer, who raised no objections to the proposal, subject to specific conditions of consent. These conditions have been included in the “Recommendation” section of this report.

 

6.4    NSW Police (Eastern Beaches Local Area Command)

The subject application has been referred to the Eastern Beaches Local Area Command for comments. The proposal has been assessed in accordance with the NSW Police Safer by Design Evaluation process, which identifies a moderate crime risk rating for the development on a sliding scale of low, moderate, high and extreme crime risk.

 

A list of conditions is recommended to require the incorporation of specific design measures relating to surveillance, lighting, space management and access control. These measures have already been imposed by Conditions 77 to 93 of the consent, which are also relevant and applicable to the proposed modification works. It is considered that only minor adjustments to the existing conditions are required to include those recommendations by the Police that are not previously addressed.

 

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 774.3m2 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. 3A (General Business Zone) under Randwick Local Environmental Plan 1998. The proposed development is permissible with Council’s consent. The following clauses of the LEP are applicable to the proposal:

 

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

The relevant objectives of the zone are addressed as follows:

 

·      Encouraging economically viable retail cores which are centrally located and in close proximity to public transport

The proposed alterations to the ground floor smoke terrace and gaming room will improve the functioning and operation of the existing hotel, and are not considered to adversely impact on the viability of the Randwick Junction business centre.

 

·      Enhancing employment opportunities and servicing the needs of the local and regional community

The proposal is for a commercial purpose and is not considered to reduce local employment opportunities.

 

·      Encouraging and facilitating the use of public transport

The subject hotel does not have any on-site parking facilities. A significant portion of the patrons are anticipated to walk to the premises or utilise public transport.

 

·      Providing and enhancing pedestrian and public open space areas for shoppers and workers

The proposed alteration works are internal to the building and will not affect the pedestrian environment.

 

·      Maintaining and improving the environmental and aesthetic qualities of the City of Randwick

The proposed alteration works are internal to the building and will not affect the surrounding streetscape.

 

·      Minimise the impact of development on adjoining and nearby residential zones

There are concerns that the proposal may result in additional noise emissions, which would adversely impact on the nearby residential uses. An acoustic report has been submitted to address the above matters. Specific conditions are also recommended to require suitable noise attenuation measures to be incorporated in the development to protect the amenity of the neighbours.

 

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

The subject building is listed as a heritage item under RLEP 1998 (Inventory No. 071). The site is also located within the Randwick Junction Heritage Conservation Area.

 

Clause 43 provides that Council must take into consideration the extent to which the carrying out of the development would affect the significance of the heritage item or heritage conservation area.

 

The proposed modifications relate to alterations to the smoke terrace and gaming room on the ground floor level of the hotel. The proposed works will not significantly affect the historic fabric, or alter the height, envelope and footprint of the building. The modified terrace will not be visible from the public domain. The application has been referred to Council’s Heritage Planner for assessment and no objections were raised on conservation grounds.

 

8.2    Draft Randwick Local Environmental Plan 2008

 

The proposed modifications are consistent with the general aims and objectives of the Draft Randwick Local Environmental Plan 2008.

 

9.      Policy Controls

 

9.1    Development Control Plan – Randwick Junction

The Randwick Junction Development Control Plan applies to all land within the Randwick Junction Heritage Conservation Area and contains controls for site planning, building design, advertising and restaurant seating.

 

The proposed modifications involve alterations to the smoke terrace and gaming room on the ground floor level of the hotel. There are no external alterations to the building and therefore no impacts on the streetscape will result. The modified development is considered to be consistent with the relevant objectives and controls of the DCP.

 


9.2    Development Control Plan - Parking

The hotel currently provides no off-street parking facility. No car parking spaces are proposed as part of the application.

 

The subject application only involves the reconfiguration of the existing ground floor smoke terrace and gaming room. The proposal will not increase the number of gaming machines in the hotel. The proposed outdoor smoke terrace and semi-external gaming room are catered for use by the existing patrons of the hotel. In this respect, the proposal is not considered to generate significant additional patrons or intensification of use, and consequently will not result in additional traffic and parking generation.

 

Therefore, the modified development is considered satisfactory having regard to the provisions of the DCP.

 

9.3    Section 94A Development Contributions Plan

The subject application is to modify a development consent previously granted by Council pursuant to Section 96 of the Environmental Planning and Assessment Act. Section 94A levies are therefore not applicable to the proposal.

 

10.    Environmental Assessment

 

10.1  Section 96 assessment

Under the provisions of Section 96 of the Environmental Planning and Assessment Act 1979, as amended, Council may only agree to a modification of an existing Development Consent if the following criteria are complied with:-

 

·      Substantially the same development

The proposal does not involve any significant changes to the height, envelope, footprint or floor space of the existing development on site. Therefore, the proposed modifications are considered to be substantially the same development for which the consent was originally granted.

 

·      Notification and consideration of submissions

The subject application has been advertised and notified in accordance with the provisions of Development Control Plan – Public Notification of Development Proposals and Council Plans. The issues raised in the submission have been addressed within the body of this report.

 

10.2  Section 79C 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.

 

Clause 92 of the Regulation requires the consent authority to consider relevant Australian Standards relating to demolition of structures.

 

Clause 93 of the Regulation requires the consent authority to consider the structural capacity and fire safety aspects of a building.

 

Appropriate conditions have already been imposed in the original consent to address the above matters. Only minor changes to the conditions are required to address the fire safety aspects of the proposal. 

 

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 following paragraphs provide an assessment of the potential environmental impacts, which are otherwise not addressed in this report.

 

The proposal does not alter the existing approved use of the site as a hotel facility. Appropriate noise mitigation measures will be required as conditions of consent to minimise potential amenity impacts on the surrounding residences. The development is not considered to result in detrimental social impacts, subject to specific conditions of consent.

 

The proposal does not alter the existing approved use of the site as a hotel facility. The development will improve the functionality of the hotel premises to suit the current demands of patrons, and is not considered to result in detrimental economic impacts on the locality.

 

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

The subject building has been established and used continuously as a hotel for decades. The proposal will enable the premises to meet the changing demands of the local community. Under these circumstances and for reasons outlined in this report, the site is considered to be suitable for the modified development.

 

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

The issues raised in the submission have been addressed within the body of this report.

 

 

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

The proposed modifications will not result in any significant changes to the anticipated impacts of the approved development.

 

In the last decade, many hotels have undergone significant transformation in an attempt to remain competitive and meet the changing demands of their patrons. Hotels that have heritage significance face even greater challenges in balancing the competing objectives of retaining the historic and aesthetic character of the building, while satisfying the contemporary needs of patrons.

 

Given the historic and social significance of the Coach and Horses Hotel to the character of Randwick Junction, it is vital that the use of the site as a hotel be continued and an appropriate modification to the interior space be supported.

 

The internal alteration works are minor in scale and suitable noise mitigation measures will be installed. Therefore, the proposal is considered to be satisfactory in public interest terms.

 

 

Built form and urban design

The proposal relates to internal works only and will not alter the existing envelope, footprint and height of the hotel building. The proposal will not adversely impact on the appearance of the heritage item and the streetscape, and is considered satisfactory from an urban design perspective.

 

Noise

The proposal will enlarge an existing smoke terrace and convert an originally enclosed space to a semi-external gaming room. The development is anticipated to generate noise, which can potentially result in increased impact on the surrounding residents than the status quo.

 

The applicant has submitted an Acoustic Assessment report, dated 11 July 2008, and two supplementary reports dated 29 August and 7 October 2008, prepared by The Acoustic Group, which detail various noise mitigation measures and address concerns raised by Council’s information request letters.

 

Council’s Environmental Health Officer has reviewed the above reports and recommended that the proposed mitigation measures be incorporated in any approval granted by Council as additional / altered special conditions.

 

The applicant has submitted a Management Plan, dated 17 July 2008, which establishes a management protocol for the hotel. The Plan includes measures relating to noise amelioration (section 1.10), complaint resolution (section 1.8) and management of outdoor areas (section 3). A specific condition is recommended to require the provisions of the Plan to be incorporated in the operation and use of the ground floor outdoor smoke terrace and semi-external gaming room.

 

It is considered that the proposed development will not result in unacceptable noise impacts on the surrounding residents, subject to the above mentioned mitigation measures and conditions of consent.

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 modification to the original development consent satisfies Section 96(2) of the Environmental Planning and Assessment Act 1979 in that it will constitute substantially the same development, and approval of the modification will not result in any significant additional impacts on the amenity of the adjoining developments or the streetscape. It is therefore considered that the modification to the development consent is reasonable.

 

Recommendation

 

A.     That Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 529/2005 for the reconfiguration of an approved ground floor smoke terrace and provision of a semi-outdoor gaming room on the ground floor level of the Coach and Horses Hotel, at No. 147 Avoca Street, Randwick in the following manner:

 

Amendment to Condition No. 1 to make reference to the Section 96 modification plans, which will read as follows:

 

1.     The development must be implemented substantially in accordance with plans numbered DWG.N0-WD05 to DWG.N0-WD07, DWG.N0-WD09 & DWG.N0-WD10, Issue D, dated 31 January 2005 and received by Council on 29 June 2005 and amended plan numbered DWG.N0-WD13, Issue A, dated 24 October 2005 and received by Council on 4 November 2005, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered DWG. N0-WD110, DWG. N0-WD111, DWG. N0-WD117, dated 31 January 2005, DWG. N0-WD120, dated 24 October 2005 and DWG. N0-WD142, dated 9 June 2006 and received by Council on 8 September 2006, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application; as further amended by the following Section 96 plans:

 

Plan Number

Dated

Received

Prepared By

S96-02(A)

06-05-08

18 July 2008

MACNMAH Architects

S96-03(A)

06-05-08

18 July 2008

S96-04(A)

xx-05-08

18 July 2008

S96-05(A)

xx-05-08

18 July 2008

 

,only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application; except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

Amendment of Condition 7 to read as follows:

 

7.     Video surveillance devices must be installed in the first floor outdoor area, ground floor smoking terrace and ground floor outdoor gaming area, with monitors placed within the Hotel to ensure the staff can effectively supervise activities on the outdoor areas.

 

Amendment of Condition 13 to read as follows:

 

13.   A maximum number of 60 patrons is permitted on the first floor outdoor area between 10:00am and 12 midnight Monday to Sunday and a maximum number of 10 patrons is permitted on the first floor outdoor area between 12 midnight and 10:00am Monday to Saturday. A maximum number of 40 patrons is permitted on the ground floor smoking area at any time. A maximum number of 20 patrons is permitted in the ground floor outdoor gaming area at any time.

 

Amendment of Condition 14 to read as follows:

 

14.   The entry / exit doors to the ground floor smoking area, ground floor outdoor gaming area and first floor outdoor area shall remain closed at all times other than in cases of emergency or entering and exiting the area.

 

Amendment of Condition 15 to read as follows:

 

15.   The entry / exit doors to the ground floor smoking area, ground floor outdoor gaming area and first floor outdoor area shall be provided with acoustically treated seals, designed and installed by a suitably qualified person.

 

Amendment of Condition 16 to read as follows:

 

16.   The entry / exit doors to the ground floor smoking area, ground floor outdoor gaming area and first floor outdoor area shall be fitted with self-closing devices.

 

Amendment of Condition 24 to read as follows:

 

24.   The recommended acoustic attenuation measures detailed in the acoustic report entitled “Supplementary Acoustic Assessment – Section 96 Application Ground Floor Smoking Area – Coach and Horses Hotel, Randwick”, dated 7th October 2008, prepared by The Acoustic Group, shall be fully complied with. Details demonstrating compliance with the acoustic structural design requirements shall be submitted to the satisfaction of the Principal Certifying Authority, prior to the issue of any Construction Certificate.

 

Amendment of Condition 25 to read as follows:

 

25.    A compliance report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council:

 

i.     1 month after occupation of the premises;

ii.    6 months after occupation of the premises.

 

which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Industrial Noise Policy Noise Control Manual (sleep disturbance), recommended design noise goals detailed in acoustic reports by the Acoustic Group titled ‘Acoustic Assessment – Proposed Refurbishment Coach & Horses’ dated 26th August 2005, ‘Provision of Mechanical Plant Upgrading Coach & Horses’ dated 4th October 2005, ‘Acoustic Assessment -  Proposed Smoking Area Coach & Horses Hotel, Randwick’ dated 26 September 2005, ‘Supplementary Acoustic Assessment – Section 96 Application Ground Floor Smoking Area – Coach & Horses Hotel, Randwick’ dated 7th October 2008, and conditions of Council’s approval, to the satisfaction of Council’s Manager Environmental Health & Building Services.

 

Imposition of the following additional conditions (46A to 46E):

 

46A.  The existing levels of fire safety within the building are to be upgraded in accordance with the following requirements, and the fire safety certificate provisions of Part 9 of the Environmental Planning and Assessment Regulation 2000 must be complied with, prior to issuing an occupation certificate:

 

a)     The following works are to be undertaken in accordance with the specified provisions of the Building Code of Australia (BCA), as applicable:

 

1)       Provide illuminated exit signs and emergency lighting throughout the premises, in accordance with Part E4 of the BCA.

 

2)       Safety glazing is to be provided to all new glazing in accordance with AS2047 (1999) or AS1288 (2006), as applicable.

 

3)       Prior to commencing the abovementioned works, a Construction Certificate must be obtained from Council’s Building Certification Services or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

46B.  A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

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

 

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

 

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

 

46C.  A copy of the fire safety certificate/annual fire safety statement must be permanently displayed in a prominent, visible position within the building (i.e. building entrance foyer), to the satisfaction of Council’s Building Surveyor.

 

46D.  An Annual Fire Safety Statement is to be submitted to the Council on an annual basis, certifying the operation of all essential fire and other safety measures within the premises.

 

46E.  A fire safety certificate is required to be submitted to the Council (and a copy provided to the NSW Fire Brigades) upon installation of the essential fire safety measures as specified in the above fire safety report, which satisfies the requirements of part 9 of the Environmental Planning & Assessment Regulation 2000.

 

Amendment of Condition 75 to read as follows:

 

75.   No amplified speakers for music or similar are permitted in the ground floor smoking area, ground floor outdoor gaming area and first floor outdoor area at all times.

 

Imposition of Condition 76A to read as follows:

 

76A.  The use of all amplified equipment, including television sets, gaming machines, and jukeboxes, shall be restricted as per the recommendations contained in “Supplementary Acoustic Assessment – Section 96 Application Ground Floor Smoking Area – Coach and Horses Hotel, Randwick”, dated 7th October 2008, prepared by The Acoustic Group.

 

Amendment of Condition 77 to read as follows:

 

77.   Mirrors or mirrored tiles shall be fitted to the corners of the lift foyers to enable staff and patrons to view activities around the corners, reducing concealment and entrapment opportunities.

 

Amendment of Condition 83 to read as follows:

 

83.   Directional signage should be positioned at decision making points (e.g. entry / egress points), and not near concealment points, to provide guidance to visitors.

 

Imposition of Condition 83A to read as follows:

 

83A.  Warning signs should be strategically posted around the premises to warn potential intruders of what security treatments have been implemented to reduce opportunities for crime. Examples include “Warning, trespasser will be prosecuted”, “Warning, no large amounts of money kept on premises”, “Warning, these premises are under electronic surveillance”.

 

Imposition of the following additional conditions (94 to 101):

 

The following conditions are applied to protect the amenity of the patrons and neighbouring residents and to provide a harmonious environment in the locality:-

 

94.   The maximum number of persons permitted in the hotel premises is not to exceed the occupancy rate permitted under the provisions of Clause D1.13 of the BCA.

 

95.   Seating in the premises must allow for permanent, unobstructed access to exits from the premises at all times.

 

96.   All paths of travel and stairways shall be maintained clear and unobstructed at all times so as not to impede the free flow or prejudice the safety of persons in the premises.

 

97.   Egress doors shall not be locked or otherwise obstructed at anytime while the premises are occupied.

 

98.   Trading hours shall be in accordance with the Liquor Licence and relevant conditions of this Development Consent.

 

99.   The number of persons permitted in the premises must not exceed the authorised capacity and appropriate measures are to be implemented to ensure compliance, such as using a hand held counting device carried out by a specifically appointed manager or duty officer or issue of numbered tickets, supplemented by a periodical head count by a specially appointed manager or duty officer.

 

100.  The Coach and Horses Hotel Management Plan dated 17th July 2008 shall be implemented to:

 

§   ensure compliance with the relevant conditions of approval,

§   minimise the potential impact of the operation of the premises upon nearby residents,

§   effectively minimise and manage anti-social behaviour,

§   minimise noise emissions and associated nuisances,

§   effectively manage and respond to resident complaints,

§   ensure responsible service of alcohol and harm minimisation,

 

subject to any variations or amendments included in this consent.

 

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

 

Inclusion of the following advisory condition:

 

Prior to the commencement of any building or associated construction works contained in the Section 96 Modification (DA/529/2005/B) to the development consent, a new or amended construction certificate must be obtained from Council’s Building Certification Services or an accredited certifier (as applicable), in accordance with Section 81A(2) of the Environmental Planning and Assessment Act.

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 November 2008

 

 

 

Development Application Report No. D46/08

 

 

Subject:                  38 Coogee Bay Road, Randwick

Folder No:                   DA/301/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of existing buildings on site & construction of a new part 2 - part 4 storey multi unit housing development comprising 3x1 bedroom, 4x2 bedroom & 2x2 bedroom plus study dwellings, basement parking for 14 vehicles & associated landscaping works.

Ward:                      East Ward

Applicant:                Wycombe (ACT) Ltd

Owner:                         Wycombe (ACT) Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

 

 

 

1.    Executive Summary

 

This development application is referred to the Planning Committee because the estimated cost of work exceeds $2M.

 

The proposal is for a 4-storey apartment building with 9 apartments and basement parking for 14 cars. Much of the proposed building is below street level because the site falls away steeply from Coogee Bay Road. The building is in the style of a ‘grand-villa’, and has the proportions and roof-form of an oversized dwelling-house.

 

The site is on the northern side of Coogee Bay Road, west of St Luke Street. It is 863m2 in area and has street frontage of 25.88m. Vehicular access is from a side laneway; Judge Lane.

 

The proposal does not comply with height, floor space ratio, landscaped area and setback controls. Nevertheless, the design responds well to the complex site topography and the diverse rhythm of building forms in Coogee Bay Rd. Impacts on views, solar access and privacy are also within acceptable limits for the 2B zone.

 

There are objections to the proposal raising issue with view loss, visual and acoustic privacy, overshadowing, traffic and parking, drainage, excavation and non-compliance. These objections are addressed in the report.

 

The proposal satisfies the purpose for development standards for height, landscaped area and floor space ratio in the Randwick LEP 1998; the performance requirements in the Multi-Unit Housing DCP; and the Design Principles in State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings.

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The proposal is for a 4-storey apartment building with 9 apartments and basement parking for 14 cars. Much of the building is below street level because the site falls steeply away from Coogee Bay Road.

 

The street façade is in the style of a 2 storey ‘grand-villa’, having the proportions and roof-form of an oversized dwelling-house. There are 4 storeys over the rear lower part of the site. Vehicular access is from Judge Lane, which borders the western side-boundary.

 

The applicant made small changes to the proposal during assessment improving privacy to the north and refining the internal layout and roof. Figure 1 is a photomontage of the building viewed from the south-east in Coogee Bay Road.

 

Figure 1 – A photomontage of the proposed building viewed from the south east in Coogee Bay Rd

 

3.    The subject site and surrounding area

 

The site is on the northern side of Coogee Bay Road west of St Luke Street, Randwick. There is a 5-storey apartment building to the west, free-standing homes in Gray St to the north and a boarding-house to the east. There are many apartment buildings nearby reflecting the area’s 2B medium density residential zone.

 

The site has a 25.88 m frontage to Coogee Bay Road and is 863 m2 in area. The site has a north-easterly aspect and falls steeply away from Coogee Bay Road at 1 in 5. Figure 2 (over the page) is an aerial photograph of the site.

 

4.    Site History

 

There is an apartment building with 4 apartments on the site. The building appears to have been constructed in the early 20th century.

 

The present development application was lodged 30 April 2008. The applicant made small changes to the proposal 1 October 2008 to improve privacy to the north by including planter boxes and advanced landscaping, and to refine the internal layout and roof in response to advice from the Randwick/Waverley Design Review Panel. The revised plans were not re-notified because they were very minor in their extent.

 

Council issued formal pre-lodgement advice on an earlier version of the proposal. Council’s main pre-lodgement comments were:

 

·      Bulk and scale are generally acceptable given the surrounding built environment,

·      Solar access will be maintained to acceptable levels for surrounding properties

·      A total of 14 car-parking spaces are required for the development

·      Landscaping should be provided

·      View-loss should be accounted for in the Statement of Environmental Effects

Figure 2 – An Aerial Photograph of the site

 

5.    Community Consultation

 

The proposal was exhibited under Council’s Public Notification DCP. Council received submissions by or on behalf of 6 land-owners. The issues are paraphrased below with corresponding comments from the Assessing Officer.

 

·      Issue – Gray Street properties will be severely overlooked by elevated northern balconies. Tree removal and lack of planting make overlooking worse.

 

Assessing Officer – The proposed building is 15 metres from Gray St dwellings and sufficiently distant to comply with the preferred solutions in the multi-unit housing DCP. The northern balconies are just 5 metres from the northern boundary (at the closest point) and not sufficiently distant from the back-yards of Gray St properties to comply with the preferred solution in the Multi-unit housing DCP. Nevertheless, privacy measures are adequate. The north facing balconies are fitted with planter boxes to interrupt casual downward viewing from living areas and there are advanced plantings adjacent to the northern boundary to assist privacy screening.

 

Figure 3 shows a section through the northern boundary of the site. The proposed building is on the left and the existing dwellings in Gray Street are on the right. The planter boxes and screening vegetation can be seen.

 

Figure 3– A section through the northern boundary of the site

 

·      Issue – Impact on the visual privacy of apartments 7 & 10 of 36 Coogee Bay Rd.

 

Assessing Officer – The proposed living areas are generally oriented toward the north. There are some living spaces that also face west toward the living spaces at No 36, although there is a buffer distance of at least 13m. This is sufficiently distant so that no further privacy measures are necessary and complies with the preferred solution in the Multi-Unit Housing DCP.

 

·      Issue - Noise impact on Gray St properties from the driveway and garage door and from the increased number of occupants on the site.

 

Assessing Officer - There are conditions in the recommendation to ensure the noise impacts do not exceed prescribed standards.

 

·      Issue – Impact on views from apartments 7 and 10 of 36 Coogee Bay Rd

 

Assessing Officer - View-loss is considered in a separate section of this report. While views from the apartment building at 36 Coogee Bay Rd will be partially obstructed, the degree of view loss is consistent with the Land and Environment Court principles for view sharing.

 

·      Issue - Increase in overshadowing at apartments 7 & 10 of 36 Coogee Bay Rd.

 

Assessing Officer - Shadows from the building between 9am and 3pm during the winter solstice will not affect the apartments at 7 and 10. This satisfies the development control plan requirements

 

·      Issue - Judge Lane is narrow with only 1 car able to enter or exit at a time. The proposal would increase congestion and deteriorate road condition and safety. Traffic generated by the development may lead to the closure of Judge Lane and prohibition of on-street parking in the area.

 

Assessing Officer – Judge Lane is the only viable access to the site because the land falls too steeply from Coogee Bay Road to efficiently service the development. Council’s Development Engineer has reviewed the access arrangements and has not raised an issue with the use of Judge Lane. There are conditions in the recommendation that require kerb layback construction in accordance with Council’s standards.

 

·      Issue - Excavations may impact on adjoining structures.

 

Assessing Officer – Where excavations extend below the level of the footings of a building on an adjoining lot, the developer must adequately secure the adjoining building. There is a consent condition in the recommendation dealing with this matter. A dilapidation report will also be required for affected buildings so that any damage can be monitored.

 

·      Issue - Development may add to the problems of drainage in Gray St.

 

Assessing Officer – There are conditions in the recommendation dealing with drainage from the proposed development.

 

·      Issue - The northern façade breaches maximum height and imposes on the rear yard of Gray St properties. The building breaches maximum FSR and bulk and scale are exacerbated by extensive balconies and decks creating a visual impact on properties in Gray St.

 

Assessing Officer: The rear elevation is setback from the rear boundary to comply with the DCP, and steps further back at higher levels to minimise the physical presence of building mass. Advanced landscaping is now included at the rear of the boundary to assist screening. This aspect of the proposal is considered to be acceptable.

 

·      Issue - The rear setback does not comply and is without landscaping

 

Assessing Officer – The rear setback complies and is at least 4.5m and averages 6m from the rear boundary. There are also advanced planting adjacent to the rear boundary.

 

·      Issue - Further medium rise development will detract from the ambience and amenity currently enjoyed.

 

Assessing Officer – The proposal is compatible with the prevailing medium density character of the area. This is in-line with the 2B medium density residential zone.

 

6.    Technical Officer’s advice

 

Advice from Council’s Technical Officers is shown below.

 

Environmental Health comments

 

There are conditions in the recommendation in-line with the Environmental Health Officer’s comments. The Environmental Health Office’s comments are reproduced here:

 

Land Contamination

Land contamination has been considered. The existing building is residential and has been for an extended period. Residential premises are located on either side of the subject property.

 

The proposed use is not more sensitive in that residential component is consistent and therefore contamination as an issue has not been considered further.

 

No advice has been received reporting the presence of asbestos within buildings as such no additional conditions relating to asbestos have been included. [Assessing Officer: The existing building is very old. It is likely that asbestos products have been used at some point in the building’s history. The assessing officer has included consent conditions in the recommendation that require the developer to carry-out an asbestos assessment before demolition work begins.]

 

Noise

Noise has been considered an issue and appropriate conditions have been included in this report including a requirement for design compliance for Aircraft Noise Australian Standard 2021.

 

Standard conditions have been included in this report requiring compliance with relevant noise criteria.

 

Building Services comments

 

There are conditions in the recommendation that require compliance with the BCA, submission of a Construction Certificate application and construction site management. The Building Services comments are reproduced below:

 

BCA Building Classification

Class -      2      (Residential Units)

Class -      7a    (Carpark)

 

Building Code of Australia (BCA):

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

 

Noise

There is potential for the generation of noise from the proposed development due to the installation of plant and equipment, such as any mechanical exhaust system serving the basement car park. Conditions should be imposed on the consent to address potential noise emissions from the development.

 

Site Management

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

 

Landscape Technician

 

There are conditions in the recommendation in line with the Landscape technician’s comments.

 

A condition requiring the applicant to cover Council’s costs in providing new street trees within the Coogee Bay Road nature strip has been included in this report, as this will not only improve the appearance and consistency of the streetscape, will also assist with the integration of the proposal into the area.

 

There are a variety of existing shrubs along the length of the eastern boundary which afford screening between the private courtyards of the subject site and the adjoining 2-3 storey unit block to the east (40 Coogee Bay Road), all were identified as weeds which will need to be removed and replaced with more desirable species as has been shown on the submitted landscape plans.

 

In the northeast corner of the site, hard up against the western wall of the existing free-standing shed, there is one Cupressocyparis leylandii (Leightons Cypress) of about 10 metres in height which appears in reasonable health and condition, and has actually broken out of the large metal tub it was originally planted in.

 

While a mature example of the species, retention is not practical given the minimal contribution a single specimen makes to the amenity of the site and area, with the new landscape scheme as shown to result in a much more well-furnished setting for occupants.

 

On the opposite (western) side of the site, fronting Judge Lane, there is a group of three environmental weeds, against the southwest corner of the existing garage, comprising one Privet, one Cotoneaster and one Umbrella Tree, which will all need to be removed as part of this proposal.

 

Immediately to the south of the trees described above, about halfway along the length of western boundary, there is one Jacaranda mimosifolia (Jacaranda) of about 6 metres in height with a canopy spread of similar dimensions that appears in reasonable health and condition, and is covered by the provisions of Council’s Tree Preservation Order (TPO).

 

It is effective at performing its main functions of screening, privacy and minimising overlooking from the 5-6 storey unit block to the west (36 Coogee Bay Road), on the other side of Judge Lane, and while the vertical leaders attached near ground level should be monitored into the future to assess their on-going stability, it is considered to be the only existing vegetation at the site which is worthy of retention, which will be possible with the setbacks provided.

 

The additional pruning of some 2nd and 3rd order branches from its eastern aspect will be necessary so as to avoid interference/damage during both the course of construction as well as upon completion, and while excavations associated with the western side of the proposal will be undertaken roughly 2 metres closer than what currently exists, the incursion of its theoretical root-zone will be minimal, only about 5-10% of its entire root plate, which this tree should be able to sustain.

 

However, the restricted nature of the site is seen to pose the main threat to its preservation, in the form of damage caused by site machinery during material delivery, as well as stockpiling around its trunk, combined with constant and repeated vehicular and pedestrian movements which will lead to compaction of the soil profile and a downturn in the tree’s health, with relevant protection measures included in this report in an attempt to manage such impacts.

 

Further south again, growing on the western boundary, there is one Olea europaea subsp. africanna (African Olive), as well as hedge of Bambusa sp. (Bamboo) which while assisting with the screening and privacy as discussed above, will need to be removed from the site given their invasive qualities.

 

Development Engineer

 

A total of 14 spaces are provided to comply with the DCP. The revised proposal shows car-park dimensions to comply with AS 2890. The Engineer’s conditions are included in the recommendation.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Assessing Officer is advised that the submitted drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic Comments

Parking provision – Council’s DCP requires the following:

1.2 spaces per 2 bedroom dwelling (7x2 bedroom dwelling) is 7x1.2 = 8.4

1 space per 1 bedroom dwelling (3x1 bedroom dwelling) is 3x1 = 3

1 visitor space per 4 dwellings is 10x0.25 = 2.5

Total = 13.9 spaces say 14.

 

Carpark layout

It is difficult to determine whether the carpark layout complies as no dimensions are show on the plans. The assessing officer is to determine whether further details are to be submitted prior to issuing Development Consent.

 

7.    Relevant Environmental Planning Instruments

 

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

 

·      Randwick Local Environmental Plan 1998

·      Draft Randwick Local Environmental Plan 2008

·      State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings

·      State Environmental Planning Policy 55 – Contaminated Land

·      State Environmental Planning Policy – BASIX

·      Development Control Plan – Multi Unit Housing

 

Randwick Local Environmental Plan 1998

 

The site is zoned 2B under Randwick Local Environmental Plan 1998 and the proposal is permissible with development consent. The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the use and built form will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality.

 

The proposal is subject to development standards for landscaped area, floor space ratio and height and does not comply. Non-compliance is assessed under State Environmental Planning Policy No 1 after Lloyd J in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 (6 April 2001).

 

State Environmental Planning Policy No.1 – Development Standards

 

What is the underlying object or purpose of the standard?

 

·      Landscaped Area

 

To establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes.

 

·      Floor Space Ratio

 

To establish reasonable upper limits for development in residential, business, industrial and special uses zones through a limit on the amount of floor space that can be provided. This will help to reduce the potential for adverse impact on nearby and adjoining development while still providing for reasonable levels of development and redevelopment.

 

·      Building Height

 

To set upper limits for the height of buildings in residential and business zones that are consistent with the redevelopment potential of land in those zones given other development restrictions, such as floor space and landscaping, and have regard for the amenity of surrounding areas.

 

Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

 

·      Landscaped area – visual impact, urban run-off, open space

 

A minimum of 50% landscaped area is prescribed for buildings in the 2B residential zone. The proposal provides 43%, which is 60m2 below the prescribed amount.

 

The proposed landscaped area is superior in its quality and extent than many surrounding apartment buildings. This can be seen in Table 2, which shows a pictorial comparison of the proposed landscaping with the landscaped area of nearby apartment buildings.

 

The south-eastern corner facing Coogee Bay Road has particularly generous landscaping with a full 65m2 deep-soil zone. The addition of advanced plants in the landscaping scheme improves foreground, context and setting for building completion. Rainwater tanks are provided to reduce run-off and private open spaces comply with the requirements of the Multi-unit housing DCP.

 

The proposed landscaping scheme adequately softens the visual impact of the development, reduces urban run-off and provides adequate areas of open space for recreational areas and satisfies the purpose for the landscaping standard.

 

Table 2 – Comparative analysis of landscaped area between the proposal at 38 Coogee Bay Road and nearby apartment buildings.

Proposed landscaping at no. 38

Landscaping at 36 Coogee Bay Rd

Landscaping at 40 Coogee Bay Rd

Landscaping at 42-46 Coogee Bay Rd

Landscaping at 32 Coogee Bay Rd

Landscaping at 26 and 28 St Luke St

 

·      Floor space ratio – potential for impacts on nearby and adjoining development

 

A maximum 0.65:1 floor space ratio is prescribed for buildings in the 2B residential zone. The proposed floor space ratio is 1:1, which is 302m2 over the prescribed amount.

 

The attic is 36m2 and is within the roof space. The lower ground floor is 305m2 and is below the level of Coogee Bay Road. Omitting these spaces from calculations, the floor space ratio apparent from Coogee Bay Road is 0.60:1.

 

Solar performance complies with the Multi-Unit Housing DCP and is assisted by the steep north-easterly aspect. The only extra overshadowing is to the eastern lot from mid-afternoon. Views over the site are impeded in only a minor way as can be seen in the assessment under the land and environment court principle for view sharing in section 8 of this report. Privacy is maintained by buffer distances over 10m in compliance with the DCP, or in the case of rear balconies there are planter boxes to interrupt downward views to the north. Advanced plantings are proposed for the northern boundary further assisting privacy.

 

The potential for impacts on nearby and adjoining development generally complies with the DCP requirements for multi-unit housing and the proposed floor space ratio satisfies the purpose of the standard.

 

·      Building Height – amenity of surrounding areas

 

A maximum external wall height of 7m and a maximum overall height of 9.5m are prescribed for the 2B residential zone. The highest point of the building (15.5m) is the top-most roof-ridge over the centre of the site. The ground level under this point is 3m below street level. There is a bedroom within the attic space, set-in from the perimeter of the building and its external wall is the highest up to 13.2 m.

 

The building is in the style of a ‘grand-villa’ and has over-sized house like proportions. Figure 4 shows an extended street elevation demonstrating compatibility with the height, size and setbacks of neighbouring buildings. As much of the building is below the level of the street, the apparent wall height and floor space ratio when viewed from Coogee Bay Road is within maximum limits.

 

Figure 4 – An extended street elevation showing compatibility with the street

 

Non-compliance is emphasised as the site falls away from the street. The north facing rear elevation has 2 high points at 9.5m and 11.8m. The higher of the 2 is set-in approximately 2m from the building perimeter reducing the physical presence of this part of the building. This setback can be seen in figures 5 and 6.

 

The proposed building height is compatible with the general amenity of the streetscape and surrounding area and satisfies the purpose of the height standard.

 

Figure 5 - Bird’s eye view of the northern elevation from the north east.

Figure 6 – Bird’s eye view of the northern elevation from the north-west.

 

Would compliance tend to hinder the reasonable development of the land?

 

Compliance could be achieved by omitting the whole of the lower ground floor. This would reduce the FSR by 305m2. There would be 4 fewer apartments, 5 fewer parking spaces and more landscaped area. A single storey would face Coogee Bay Rd and the pitched roof could be replaced with a parapet roof that complies with the maximum height. The overall impact of a smaller building with fewer apartments would be unquestionably less.

 

However, the proposal responds well to complex site topography. Building mass and placement is compatible with the diverse rhythm of building forms in Coogee Bay Rd. Solar performance is assisted by the sharp north-easterly aspect, view-loss is minimal and privacy is adequately protected by buffer distances, or in the case of the rear balconies by planter boxes that interrupt ordinary down-ward views to the north.

 

The proposal is a reasonable, economic and orderly development. The proposed non-compliance generally lacks environmental harm and compliance would result in a building that is smaller than many of its kind in the area. Application of the standards is considered unnecessary and unreasonable for these reasons.

 

Is the objection well founded?

 

The applicant’s case in support of the objection is generally well founded. Key points of the applicant’s argument are paraphrased here:

 

·      Reasonable landscaping is provided to mitigate the bulk and scale.

·      Landscaped area compares with adjoining developments.

·      Private open spaces at ground level are integrated with the landscaping.

·      Rainwater tanks assist with the reduction of stormwater run-off.

·      The density, size and character of the proposed development compares with apartment buildings nearby.

·      The building elevations are well articulated masking bulk and scale.

·      Some accommodation is in the attic space and does not materially contribute to bulk and scale.

·      External impacts on views, solar access and privacy are minimal.

·      Diverse mix of apartment types has positive social impacts.

·      The proposed development is close to transport and significant recreational facilities such as Coogee Beach.

 

Draft Randwick Local Environmental Plan 2008

 

This is an administrative LEP that updates and consolidates the current LEP with all amendments. The proposal is consistent with the relevant provisions of the Draft LEP.

 

State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings

 

The proposal was accompanied by the requisite design verification statement. The applicant revised many aspects of the design in response to comments from the Randwick/Waverly Design Review Panel: Key features of the revisions include;

 

·      Revised internal planning to improve spaciousness without casting aside the ‘grand villa’ character.

·      Internal corridors for the north-eastern apartments now have a smoother configuration.

·      Bay windows are now in the apartments fronting Judge Lane, resulting in a 15m2 increase in floor area.

·      The vestibule and hall to each apartment is now better resolved improving sense of entry.

·      Roof forms are made simpler and more robust by removing re-entrant junctions.

·      Planter boxes, pergolas and advanced plantings contribute to privacy for neighbours to the north and privacy between apartments.

·      Upper level apartments have high ceilings and sky-lights to enjoy the internal volume of the roof.

·      Revised kitchens and bathrooms to include new windows and top-lights to improve natural light penetration.

·      Adjustments to windows to ensure 3m boundary setback and avoid the need for additional fire safety measures.

 

The Panel’s comments in relation to each of the 10 design principles in SEPP 65 are reproduced here:

 

Design Principle - Context

The pre-DA proposal was to retain a substantial amount of the fabric of the existing building. After further investigations by the applicant, the current application seeks approval to demolish the existing and replace it with a new 3 storey building plus basement car-parking for 14 cars and a one bedroom loft.

The existing building was described in the first SEPP 65 reports as “most likely dated from the pre-war period, and has been substantially altered during its life, probably during the inter-war period, when it seems to have been converted to apartments/ a duplex. At present it is in poor condition and is subdivided into four apartments.”

 

As the site falls steeply to the north, much of the accommodation is below the level of Coogee Bay Road, at the level of Judges Lane. The Panel previously suggested the applicant prepare a streetscape elevation and a long n/s section extending through Coogee Bay Road this has not been done however survey information and street photos have been provided.

Generally the proposal would appear to fit well into its context. The additional height proposed is modest and should not impede views or cast additional shadows.

 

Design Principle – Scale

As previously stated the proposed alterations would give the building a stronger presence on Coogee Bay Road, but one that would be well in scale. Given the urban location, if anything, the scale to the street could be further strengthened by consolidating the overall form into fewer, more robust elements.

 

Design Principle - Built Form

The planning arrangements (and therefore the built form) should be reconsidered since the decision to demolish the existing building. The removal of constraints of working with existing fabric should allow quality internal planning. This would allow scope to tidy the elevations, roof edges and balconies to be more resolved. In particular the roof forms are overly complicated, with too many awkward junctions. A more simply resolved roof form should create better accommodation within its volume, and better integrate openings and balconies for the benefit of the future residents.

 

The proposed car parking arrangement is considered more suitable than the pre-DA layout however structural requirements need to be incorporated in the drawings to ensure that their inclusion will not adversely impact on the design.

 

Storage areas within the car park, if any, should be nominated.

 

As previously noted more use could be made of the roof form to introduce light, winter sun and assist in ventilation to internal spaces.

 

Design Principle – Density

The proposed density is satisfactory, particularly given excellent proximity to transport and services.

 

Resources, water and energy - As the building fabric is not being retained, there is now the opportunity for better planning in relation to cross ventilation and natural daylight. The window types (mostly casements) are excellent for capturing breezes and directing them to the interiors. Good weather protection and sunshading have also been provided. Roof ventilation would also be easily achieved with vents in the roof gables. Ceiling fans to the bedrooms are recommended and external clothes drying should be provided.

 

Design Principle - Landscape

The retention of trees and removal of on-grade car parking is an improvement and is commended. The applicant has also indicated that there will be a pergola or such constructed over the driveway as a planting trellis. This would improve the outlook from the apartments and reduce the amount of exposed paved area.

 

Design Principle - Amenity

Generally the interior planning can be improved throughout. The Panel has concern about the poor ventilation and natural light to some kitchens and bathrooms. The internal planning should be improved to optimise the space available, and remove awkward and cramped corners that occur through the building. Single sided kitchens could be considered, and awkward cranked hallways avoided. The overall building envelope may need to increase by a small amount to allow better internal planning.

 

Over viewing from upper balconies to lower balconies could be reduced if roof protection was provided.

 

Good high ceilings have been provided. Raked high ceilings could be employed in the upper floor areas or venting and skylights could be incorporated.

 

Design Principle - Safety and security

An independent BCA report should be sought and fire requirements such as hydrants incorporated into the design.

 

If windows are within 3 metres of the east boundary they will require treatment to meet fire separation requirements.

 

Design Principle - Social issues

This is a good location for the variety of apartment types proposed.

 

Design Principle - Aesthetics

The bulk and form and of the building will change when the internal planning arrangements are reconsidered, however the design intent of the large grand villa is considered appropriate for this location.

 

Any aspects of interest contained in the original building to be demolished should be checked with Council’s Heritage Officer and recorded.

 

Recommendation

The Panel is generally in support of the proposal and if the issues raised in this report are satisfactorily addressed the Panel does not require another review.

State Environmental Planning Policy 55 – Contaminated Land

 

The Council must consider whether the land is contaminated, or if any remediation is necessary to make the site suitable for its intended use.

 

It is likely that asbestos products have been used in the existing building at some time in its 80 year history and there are conditions in the recommendation that require an asbestos survey to be carried out before demolition work begins. There are not likely to be any other contaminants on the site and it is considered suitable for residential use, subject to an asbestos survey.

 

State Environmental Planning Policy: BASIX

 

The development application was accompanied by the requisite BASIX certificate showing that energy/water efficiency and thermal comfort targets have been met.

 

Policy Controls

 

a.    Development Control Plan - Multi-Unit Housing

 

The proposal was assessed under the preferred solutions of the Development Control Plan (DCP) for Multi-unit Housing. Where there is non-compliance with the preferred solutions, the proposal is merit assessed in table 3 against the performance requirements of the DCP. A preferred solution compliance table is shown in table 4.

 

Table 3 – Merit assessment against the performance requirements where the proposal does not comply with the preferred solutions in the DCP – Multi-unit Housing

Building Setback

The proposed street setback is similar to the existing building and lines up approximately parallel with the street, while allowing a rectangular building form. As a result, the building does not sit square on the lot.

The street setback compliments the diverse character of the street as can be seen in the aerial photograph in figure 2 (earlier in this report).

The street setback arrangements also determine the side-boundary setbacks so that the south-western and north-eastern corners are quite close to the boundary and the opposing corners are more distant. The average side setback almost complies and this arrangement better responds to the rhythm of setbacks in the street as can be seen in figure 4.

Landscaping, privacy, view sharing and solar access are adequate and sun-shade devices do not create additional impacts. The proposal compliments the established character of the street and the setbacks are acceptable.

Height

Height is discussed under the SEPP 1 section of this report. The building exceeds the external wall and overall height controls but otherwise responds well to the complex site topography.

The street elevation is 2 storeys and compatible with the streetscape as can be seen in figure 4. The rear elevation is staggered so that the upper levels are set in from the building perimeter reducing the impact of height in this part of the site. The upper-level setbacks can be seen in figures 5 and 6.

Privacy, view sharing and solar access are adequate. The proposal compliments the character of the street and the proposed height is acceptable.

Density

Floor space ratio is discussed under the SEPP 1 section of this report. The proposal exceeds the maximum floor space ratio but otherwise responds well to the complex site topography and diverse street character. External impacts are minor and the proposed FSR is acceptable.

Driveway

The proposed driveway does not include the requisite 1m setback for the first 6m into the site. Nevertheless, the driveway is well integrated with the landscaping and includes a pergola to soften the impact. The non-compliance is considered minor and acceptable.

 

Table 4 – Assessment against the preferred solutions for DCP – Multi-Unit Housing

Performance Requirement

Preferred Solution

Compliance

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Application accompanied by a site and locality analysis. Complies.

P2 Development sites have appropriate areas/dimensions to allow for satisfactory siting of buildings.

S2 Sites are of regular shape with frontages of at least 20m.

Street frontage is 26m. Complies.

Height

P1 Heights of walls, their location and orientation do not cause substantial adverse impacts on streetscape or adjoining properties.

 

The proposal exceeds the maximum external wall height. Does not comply – see assessment in table 3.

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

The building is in the style of a ‘grand-villa’. Proportions are similar to an over-size dwelling house. Facades and the roof form are articulated to give visual interest. Complies.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

4.8m – 6.1m – and consistent with the diverse streetscape. See also discussion in table 3. Complies.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

Average side setback is 3.7m from the western boundary and 3.95m from the eastern boundary.

Minimum side setback is 1.6m from the western boundary and 2.4m from the eastern boundary.

Does not comply – see performance assessment in table 3.

Elevations are amply articulated.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

§ Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

Average rear setback is 6.5m.

Minimum rear setback is 4.5m (a very small portion of a planter box extends to 4.2m)

Rear elevation is adequately articulate.

Complies.

P4  General

Eaves, window hoods and other sun-shading or weather protection pose no significant adverse impact on adjoining properties.

S4 No device may encroach more than 25% of the Preferred Solution.

Pergolas extend into preferred solution. Does not comply. See merit assessment for building setback in table 3.

Density

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The proposed FSR is 1:1 and exceeds the maximum FSR of 0.65:1. Non-compliance is considered under the SEPP 1 heading of this report and found to be acceptable.

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

S1 Solid front fences no higher than 1.2 metres. May increase to 1.8 metres when 50 % transparent.

 

The proposal includes a rendered masonry fence with timber infill. The front gate and pedestrian path are integrated with the proposed landscaping and amply highlight the main entrance to the building. There are conditions in the recommendation that require compliance with the height and transparency controls.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Landscaped areas are adequately sized. Complies.

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

Areas around the building are communal areas and landscaped to soften the mass of the building. There are 5 ground level courtyards. They are discrete and well integrated with the overall landscaping scheme.

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

Private open spaces range in size from 9m2 to 40m2. Many units have multiple courtyards or balconies with different aspects. All private open spaces are directly accessible from the corresponding unit. Units 3 and 4 have courtyards facing the street and these are cohesively integrated with landscaping and the street elevation of the building.

P4 Is located in front of the building only where setback and fence design sympathetic.

 

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

S6 Minimum of 8 m2 and minimum dimension of 2 metres.


 

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

Living rooms maintain a 10m buffer to adjoining buildings. Planter boxes are installed on rear balconies to interrupt casual downward glancing to the north. Privacy arrangements between apartments on the site are also acceptable. Complies.

P2 Private open space design and location ensure privacy.

 

Private courtyards at ground level are adequately protected by fences that are integrated with the landscaping. Balconies are also adequately private. Complies.

P3  Acoustic Privacy

Building layout and design minimises noise transmission of noise. Quiet areas separate noise-generating activities.

 

Acoustic performance is acceptable. Living areas and outdoor recreation spaces are located away from or distance to adjoining bedrooms.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with Building Code of Australia.

Compliance with the Building Code of Australia is required for the Construction Certificate.

View Sharing

P1 Design and location of buildings considers surroundings for assessing impact on views.

 

There are district and ocean views over the site from the apartments at 36 Coogee Bay Road. Some view-loss occurs for the southern-most apartments near Coogee Bay Road. View-sharing is considered under a separate section of this report and is found to be acceptable.

P2 Development minimises effects on views and shows how view loss is minimised.

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

Solar performance is assisted by a steep north-easterly aspect, generous side setbacks and Judge Lane to the west, forming an additional buffer to the apartment building at 36 Coogee Bay Road. Between the hours of 9am and 12 Noon, the proposed building would not generate any additional shadowing on the adjoining lots. There is some additional overshadowing on the eastern lot during the afternoon to 3pm. North facing windows and recreation areas remain mostly unaffected. Solar performance is acceptable.

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The Anthers rating for each dwelling (on a typical unit basis) is provided with the application.

The proposal satisfies BASIX requirements for energy and water efficiency and thermal comfort.

P5 Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

The north facing roof area is ample for the installation of solar collectors.

Safety and Security

P1 Design allows surveillance.

 

There is adequate surveillance of Coogee Bay Road and Judge Lane from living areas and bedrooms. Complies.

P2 Approaches and entries are visible.

 

Entries to the building are visible from the street and overlooked from within the development. Complies.

P3 High walls and structures avoided.

 

There are some high walls for the private courtyard areas, and they are well integrated with the building and landscaping. Complies.

P4 Resident car parking has security grilles or doors.

 

There is a security door for resident parking. Complies.

P5 Visitor parking spaces clearly identifiable.

 

There is a condition in the recommendation that requires visitor spaces to be clearly marked. Complies.

P6 Adequate lighting for personal safety and security provided.

 

There is a condition in the recommendation that requires adequate lighting for safety and to ensure that such lighting does not create a nuisance. Complies.

P7 Adequate lighting is provided in common areas.

 

P8 External lighting does create a nuisance.

 

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

1.2 spaces per 2 bedroom dwelling (7x2 bedroom dwelling) is 7x1.2 = 8.4

1 space per 1 bedroom dwelling (3x1 bedroom dwelling) is 3x1 = 3

1 visitor space per 4 dwellings is 10x0.25 = 2.5

Total = 13.9 spaces say 14.

14 Spaces are provided on the site. Complies.

P1 Garages and parking structures do not dominate the street frontage.

 

The garage and driveways are well integrated with the building and the landscaping. The driveway includes a pergola to soften impact. Complies.

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

There are less than 14 apartments and so no parking spaces for people with a disability are required.

Satisfactory.

P3 Secure storage for bicycles is provided.

 

Each parking space has an area of storage suited to bicycles. Complies

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

The driveway is minimal and integrated with the landscaping. There is a pergola over the driveway Complies.

P2 Vehicles enter/ leave in a forward direction.

S2 Vehicles enter with a single turn and leave in no more than 2 turns.

Manoeuvring complies with AS2890.1. Complies.

P3 Driveways and access roads avoid a ‘gun barrel’ effect.

S3 Long driveways provide passing bays.

The driveway does not require passing bays and does not have a gun-barrel effect. Complies.

P4 Space between boundaries and driveways, access ways and parking spaces enables landscaping and planting.

S4 Driveways have a minimum width of 3 metres and is at least 1 metre from any side or rear fence.

The driveway is 6m wide and is on the rear boundary for the first 6 metres into the property. Does not comply – see assessment in table 3.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The driveway is in sandstone and partially covered by a pergola to soften impact. Complies.

P6 Driveway gradients safe.

S6  Driveway gradients do not exceed 1 in 6 or 1 in 5 for ramps over 20m.

Driveway is approximately level. Complies.

Storage

P1 Accessible and separate storage for each dwelling.

S1 10m2 of storage space is provided for each dwelling. Minimum clearance height of 2.1m. At least 50% of storage space is within dwelling and is readily accessible from either the hallway or main living area. Storage facilities may be in basement areas, or attached to garages.

There are storage cupboards within each dwelling and individual storage units at the back of each car space. Storage does not meet the minimum 10m2 but is adequate to service the development. Satisfactory.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

Utilities and facilities are the subject of conditions in the recommendation. Satisfactory.

P2 Provisions for a single common TV and radio reception device.

 

P3 Electrical reticulation underground and mater boxes placed in positions acceptable to Energy Australia.

 

P4 Reticulated gas to a meter for each dwelling and service points for cooking and heating in units.

 

P5 Water and sewerage provided in accordance with requirements of Sydney Water.

 

P6 Telephone lines provided in accordance with the service provider.

 

P7 Internal laundry to each dwelling, communal clothes drying made available and screened from the street.

 

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

S1 Each kitchen has a waste cupboard for separation of recycling materials, with adequate storage for one day’s waste.

There are adequate facilities in the kitchen to service the waste generation needs of each dwelling. Satisfactory.

P2 Waste storage to be provided in a centralised position that has easy access for moving bins to the street for collection.

 

Waste facilities are located on the secondary street frontage in Judge Lane. Satisfactory.

P3 The location and design of waste facilities does not visually detract from the development or the streetscape.

S3 Waste facilities not to be located between the front building alignment and the road.

 

7.1 Council Policies

 

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the monetary levy shown in table 5 must be paid to Council.

 

Table 5 – Section 94A Developer Contributions

Category

Cost

Applicable Levy

S94A Levy

Estimated Development Cost More than $200,000

$3,850,000.00

1.0%

$38,500.00

 

8.    Environmental Assessment

 

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

 

View Sharing

 

View-sharing is considered here in accordance with the Land and Environment Court planning principle after Roseth SC paras 25-29 in Tenacity Consulting v Waringah [2004] NSWLEC 140. The view loss assessment is assisted by a photomontage of the proposed building in photographs taken from the balconies of apartments 7 and 10 of 36 Coogee bay Road. These photomontages are shown in Figures 7 and 8.

 

Figure 7 – Photomontage of the proposed building from the balcony at 7/36 Coogee Bay Road

Figure 8 – Photomontage of the proposed building from the balcony at 10/36 Coogee Bay Road

 

Assess the views to be affected, and consider from what part of the property the views are obtained

 

There are district and ocean views from the apartments at No 36. The views are to the east from kitchens, living rooms and balconies. Apartments in the northern part of No 36 may enjoy views toward the northern and southern headlands of Coogee Bay. Apartments in the southern part of No 36 have district and ocean views only.

 

Assess the extent of the impact

 

The photomontages in Figures 6 and 7 show the extent of view loss from the balconies at 7 and 10 of 36 Coogee Bay Road. The proposed building intrudes slightly on the southern extent of the district and ocean views (right side of photos).

 

The proposal does not obscure any significant features in the view like an island, headland or shoreline and so view loss from the balconies of these apartments is minor. Moreover, the proposal is not likely to cause significant view loss to the apartments to the north (further left of the photos).

 

Assess the reasonableness of the proposal that is causing the impact

 

The proposal does not comply with landscaped area, height, floor space ratio and setback controls. Nevertheless, the design responds well to the complex site topography and the diverse rhythm of building forms in the street. Negative impacts on solar access and privacy are within acceptable limits for the 2B medium density zone and the view-loss is minor.

 

An alternate design that retains the whole of the view would interrupt the character of the proposed development without substantial gains and would fail to qualify as more skilful design.

 

The proposal is a reasonable development of the site and the minor view loss is an acceptable impact.

 

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.

Key Action:       Encourage and reward design excellence and sustainability.

 

Conclusion

 

The proposal is for a 4-storey apartment building with 9 apartments and basement parking for 14 cars. Much of the proposed building is below street level because the site falls away steeply from Coogee Bay Road. The building is in the style of a ‘grand-villa’, and has the proportions and roof-form of an oversized dwelling-house.

 

The site is on the northern side of Coogee Bay Road, west of St Luke Street. It is 863m2 in area and has street frontage of 25.88m. Vehicular access is from a side laneway; Judge Lane.

 

The proposal does not comply with height, floor space ratio, landscaped area and setback controls. Nevertheless, the design responds well to the complex site topography and the diverse rhythm of building forms in the street. Negative impacts on views, solar access and privacy are also within acceptable limits for a medium density zone.

 

There are objections to the proposal raising issue with view loss, visual and acoustic privacy, overshadowing, traffic and parking, drainage, excavation and non-compliance. These objections are addressed in the report.

 

The proposal satisfies the performance requirements in Council’s Development Control Plan for Multi-Unit Housing and the Design Principles in State Environmental Planning Policy 65 – Design Quality of Residential Flat Buildings.

 

Approval subject to conditions is recommended.

 

Recommendation

 

That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 301/2008 for demolition of existing buildings on site and construction of a new part 2, part 4-storey multi unit housing development comprising 3x1 bedroom, 4x2 bedroom and 2x2 bedroom plus study dwellings, basement parking for 14 vehicles & associated landscaping works at 38 Coogee Bay Road, Randwick subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered B04 and B05, C01 to C06, D01 and D02, E02-E04, dated 29 September 2008 and received by Council on 1 October 2008 and plans numbered V02-V04 dated 29 October 2008 and received by Council 29 October 2008, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

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

 

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

 

3.       The fence on the street alignment is to be a maximum height of 1.8m and be designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

5.       Any gate openings shall be constructed so that the gates, when hung, will be fitted in such a manner that they will not open over the footway or public place.

 

6.       All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

7.       Street and unit 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.

 

          In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

8.       The enclosure of balconies is prohibited by this consent.

 

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.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

11.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

12.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

13.     In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

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

 

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

 

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

 

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

 

 

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

 

·       Stormwater management (i.e. rainwater tanks)

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

·       Landscaping provisions

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

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost More than $200,000

$3,850,000.00

1.0%

$38,500.00

 

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

 

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

 

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

 

19.     Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·      New South Wales Occupational Health and Safety Act, 2000;

·      The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

·      The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

·      Protection Of the Environment Operations Act 1997 (NSW) and

·      Environment Protection Authority's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).

 

20.     The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

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:

 

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

 

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

 

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

 

23.     Details of design compliance with Aircraft Noise Australian Standard AS 2021 1994 requirements for residential units shall be submitted with the construction certificate.

 

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

 

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

 

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

 

26.     The location and facilities for the collection, storage and disposal of wastes generated within the premises shall be submitted to and approved by Council prior to the commencement of works.

 

The following conditions have been applied to maintain reasonable levels of amenity to the area:

 

27.     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 (excluding plant and equipment during the construction phase) 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.

 

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

 

29.     There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

30.     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.

 

31.     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.

 

32.     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.

 

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

 

·      appoint a Principal Certifying Authority for the building work, and

·      appoint a principal contractor for the building work and notify the Principal Certifying Authority and Council accordingly in writing, and

·      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

·      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.

 

 

34.     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 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.

 

35.     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 license number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours,

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

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

 

36.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building 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.

 

37.     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.

 

38.     In accordance with clause 98 of the Environmental Planning & 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.

 

39.     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.

 

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

 

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

 

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

 

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

 

41.     As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

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

 

44.     A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

45.     Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

Any practices or recommendations specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises or land must be fully complied with and incorporated into the documentation for the construction certificate.

 

46.     The installation of ground or rock anchors underneath any adjoining premises must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public roadway or public place) and where applicable, details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

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

 

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

 

48.     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.

 

49.     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).

 

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

 

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

 

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

 

51.     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.

 

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

 

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

 

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

 

 

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

 

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

 

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

 

·      Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

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

 

·      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 or nature strip or in any public place:-

 

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

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

·       Placement of a waste skip or any other container or article on the road, nature strip or footpath.

 

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

 

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

 

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

 

·      For further information, please contact Council’s Road / Asset Opening Officer on 9399 0691 or 9399 0999.

 

·      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.

 

54.     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:

 

·      Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

·      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.

 

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

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details and methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·      Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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.

 

58.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

·      Australian Standard 2601 (2001) – Demolition of Structures

·      Occupational Health and Safety Act 2000

·      Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·      WorkCover NSW – Guidelines and Codes of Practice

·      Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

·      Details of hazardous materials, including asbestos

·      Method/s of demolition and removal of asbestos

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

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

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

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

·      Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

·      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.

 

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

 

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

 

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

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

62.     To provide reasonable access for persons with disabilities, suitable access ramp/s are to be provided from the entry to the premises and to the building entrance to the satisfaction of the certifying authority and details are to be included in the construction certificate.

 

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

 

63.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

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

 

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

 

·      Relevant Road / Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

·      Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

·      Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

·      Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

·      The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

·      Public and vehicular safety must be maintained at all times and any related directions issued by Council officers must be complied with.

 

·      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

·      All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

·      Not more than half of any road is to be opened up at any one time and excavations must be provided with suitable fencing/ barricades and flashing amber lights if not completed by the end of the day.

 

·      Any necessary approvals must be obtained from NSW Police, Roads & Traffic Authority, State Transit Authority and relevant Service Authorities, prior to commencing work upon or within the road, footway or nature strip.

 

·      All conditions and requirements of the NSW Police, Roads & Traffic Authority, State Transit Authority and Council must be complied with at all times.

 

·      A detailed Traffic Management Plan must be submitted to and approved by Council and relevant Authorities, prior to carrying out any work which results in the closure or partial closure of a State or Regional Road, as identified by the NSW Roads & Traffic Authority.

 

·      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

·      The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

·      Council’s Road / Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

64.     The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; or as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·      $2000.00    - Damage/Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash or cheque with the Council and is refundable upon:

 

A satisfactory inspection by Council that no damage has occurred to the Council assets such as roadway, kerb, guttering, drainage pits footway, or verge; and

Completion of the civil works as conditioned in this development consent by Council.

 

The applicant is to advise Council, in writing, of the completion of all building works and/or obtaining an occupation certificate, if required.

 

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.

 

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

 

65.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

·      Construct a full width concrete (heavy duty) dish gutter crossing opposite the vehicular entrance to the site, if required.

 

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

 

·      Reconstruct concrete footpath along the full site frontage in Coogee Bay Road to match the new pedestrian entrance level.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

66.     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.

 

67.     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.

 

68.     All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

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

 

69.     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 driveways, access ramps and pathways or the like, must be as follows:

 

·      Coogee Bay Road Frontage – pedestrian gate entrance is to be 150mm above the existing Council asphalt footpath level.

 

·      Judge Lane frontage – driveway entrance is to match the existing dish gutter crossing and waste bin area to match Council’s kerb level.

 

70.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the dish gutter crossing/kerb/footpath must be indicated on the building plans for the construction certificate.

 

71.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1,139.00 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

for service authority assets:

 

72.     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.

 

73.     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.

 

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

                                         

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

 

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

 

75.     Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The p