Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 2 December 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

2 December 2008

 

 

 

 

25 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, 2 December 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 - 11 November 2008

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D52/08      55 Dudley Street, Coogee

D53/08      81-85 Frenchmans Road, Randwick

D54/08      195-199 Maroubra Road, Maroubra

D55/08      603-611 Anzac Parade, Kingsford

D56/08      26 Grose Street Little Bay

D57/08      1 Holmes Street, Maroubra

D58/08      7 Darley Road, Randwick

D59/08      110-122 Avoca Street, Randwick

D60/08      32-34 Grosvenor Street, Kensington

D61/08      87 St Marks Road, Randwick

D62/08      120 Alison Road, Randwick

D63/08      215A Anzac Parade, Kensington

 

Miscellaneous Report

M7/08       Coogee Licensed Premises Social Impact Assessment - Recommendation for Deferral    

 

Closed Session

Nil

Notices of Rescission Motions

Nil

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

2 December 2008

 

 

 

Development Application Report No. D52/08

 

 

Subject:                  55 Dudley Street, Coogee

Folder No:                   DA/364/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Demolition of existing building and construction of four storey mixed use development comprising two commercial tenancies, two home offices and 13 carpark spaces at ground level, 13 residential units above, and associated works

 

Ward:                      East Ward

 

Applicant:                Bentom Pty Ltd

 

Owner:                         Bentom Pty Ltd

 

Summary

Recommendation:     Deferred Commencement 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 mixed-use building with 13 apartments, 2 home offices and 2 commercial units. There is a secure car-park at ground level for 13 cars, including 2 spaces reserved for a car-sharing scheme.

 

The site has 3 street frontages; north to Havelock Ave; west to Asher Ln; and south to Dudley St. The eastern boundary adjoins a 3m wide drainage reserve and pedestrian-way. The site is 20m wide, 36m long and 726.5m2.

 

Commercial use of the site dates to at least 1965 with a building approval for a shop-front. Most recently in 2001, Council approved a change of use for a therapeutic massage and nutrition centre.

 

The proposal was exhibited in accordance with Council policy. There is a petition of 127 signatures collected from the medical practice at 16 Asher St. Objections were received from 26 addresses.

 

The proposal is permissible under existing use rights and satisfies the Land and Environment Court planning principle for merit assessment of existing use rights development.

 

A deferred commencement approval is recommended. The deferred commencement conditions deal with potential site contamination and roof height.

 

2.    The proposal

 

The proposal is for a 4 storey mixed-use building with 13 apartments, 2 home offices and 2 commercial units. There is a secure car-park at ground level for 13 cars, including 2 spaces reserved for a car-sharing scheme. There are 2 x 1 bedroom units, 5 x 1 bedroom and study units, and 6 x 2 bedroom units.

 

The proposal was amended in response to the Assessing Officer’s preliminary assessment in the following manner.

 

·      lower overall building height by 650mm

·      increase top floor setback to the western boundary from 1.59m to 2.49m

·      increase parapet height by 200mm, better concealing the top level

·      increase the depth of podium landscaping beds by 250mm to 1m

·      introduce 2 exclusive-use share-cars for occupants to off-set parking demand.

 

The scope and extent of the revisions are minor and tend only to reduce the impact of the development. For this reason they were not re-exhibited. Figure 1 shows a photomontage of the (revised) proposal from Havelock Ave.

 

Figure 1 – A photomontage of the development in Havelock Ave

 

3.    The subject site and surrounding area

 

The site has 3 street frontages; north to Havelock Ave; west to Asher Ln; and south to Dudley St. A 3m wide pedestrian-way flanks the eastern boundary. The site is 20m wide, 36m long and 726.5m2.

 

On the site there are 2 single storey shops facing Havelock Ave and a single storey dwelling behind. Residential 2C is the local zoning, although Havelock Ave has a mixed-use commercial character reflecting its historical association with a tram-stop. Figure 2 shows an aerial photograph of the site.

 

4.    History

 

Commercial use of the site dates to at least 1965 with a building approval for a shop-front under the County of Cumberland Planning Scheme Ordinance 1948. Aerial photographs show that dwelling existed before 1942.

 

Most recently in 2001, Council approved a change of use to the shop for a therapeutic massage and nutrition centre.

 

This present development proposal was the subject of Council’s pre-lodgement service. Council’s main pre-lodgement issues are dealt with in this report and are summarised here.

 

·      the development application must establish existing use rights

·      floor space ratio, height, landscaped area, view sharing, building form, setback and design should be addressed

·      solar access, cross-ventilation, privacy, accessibility, parking, utilities and services should be addressed

·      a preliminary site contamination investigation must be carried out

·      developer contributions will apply

 

Figure 2 – An aerial photograph of the site

 

5.    Community Consultation

 

The proposal was exhibited in accordance with Council policy. There is a petition of 127 signatures from the medical practice at 16 Asher St. Objections were received from the following addresses.

 

·      4 Asher St

·      4/59 Dudley St

·      10 Asher St

·      59-61 Dudley St

·      8 Asher St

·      63A Dudley St

·      16 Asher St

·      3/78a Dudley St

·      11/10 Alexander St

·      5/78a Dudley St

·      18/10 Alexander St

·      80 Dudley St

·      33/10 Alexander St

·      88 Dudley St

·      4/47-53 Dudley St

·      94 Dudley St

·      9/47-53 Dudley St

·      27/10 Dudley St

·      11/47-53 Dudley St

·      5/126-128 Brook St

·      12/47-53 Dudley St

·      96 Dudley St

·      13/47-53 Dudley St

·      6/96A Dudley St

·      57 Dudley St

·      Neighbour to 13/47-53 Dudley Street; address unspecified

 

Table 2 outlines the issues that were raised and provides comments from Council’s Assessing Officer.

Table 2 – Consideration of issues raised in submissions from the public

Issue

Assessing Officer

The proposal is out of character with the local streetscape. Height and FSR are excessive and there are inadequate setbacks and landscaping. Many building elements are aesthetically unpleasing.

The height, scale, mass and placement of the building is compatible with the local urban character. This is discussed under Section 7. Materials and finishes are a mix of traditional (facebrick, corrugated iron, natural concrete) and modern (vitra-panel, render, pre-cast concrete with ceramic inlay, metal and glass). The building is sensitive to older buildings in Havelock Ave and Dudley St and aesthetically inoffensive.

There is inadequate on-site car-parking impacting on the availability of street-parking. Access via Asher St is dangerous because it is a small lane.

There are 10 resident spaces, 2 share-cars and 1 visitor space; adequately servicing the calculated demand of 21 spaces. Access to the site is discussed by Council’s Development Engineer under section 6.

There is potential for overcrowding and use of the premises for back-packers, leading to unruly and anti-social behaviour.

Short-term or high-occupancy letting tends not to occur in new residential buildings unless they are specifically designed for it. The returns are generally too low.

The ramp and stair entry arrangement will ruin the look and feel of Council’s recent Havelock Ave upgrades.

The shop floor was lowered in the revised plans, which reduced the extent of ramping in Havelock Ave. An elevated floor level is required because of flooding. The shop entry arrangements are well enough resolved in the circumstances.

The proposal does not account for the heritage significance of the shops and dwelling already on the site.

The existing buildings are not identified in Council’s heritage inventory or listed as heritage items in the LEP.

The courtyard garden will not have adequate sunlight for deep-root trees.

There is an olive tree, an ornamental plum tree and a fig and these species are tolerant of a wide range of site conditions including shade.

View loss from:

27/10 Alexander St

18/10 Alexander St

9/47-53 Dudley St

12/47-53 Dudley St

80 Dudley St

View sharing is considered under Section 8 and is found to be acceptable. There is view loss from the apartments at 47-53 Dudley St. The sight lines over the subject site make this view-loss inevitable. There is a condition in the recommendation that requires a lower roof, making view-loss from other properties minor.

Loss of privacy to the roof terraces:

57 Dudley St

59-61 Dudley St (Alternately 11-13 Havelock Ave)

There is reciprocal overlooking between the roof terraces at 57 Dudley St and the proposed balconies on the top level. Privacy screens would restrict ocean views from the northern balcony and district views from the southern balcony. Roof terraces often enjoy broad district and ocean views because they are highly exposed. Some reciprocal overlooking is expected and in this case, it is acceptable.

Loss of sunlight to:

4/47-53 Dudley St

9/47-53 Dudley St

Some overshadowing will occur on the east facing windows of apartment 4 at 9am during the winter solstice. Direct sunlight returns soon after and is maintained until the sun crosses the alignment of the east facing window. The proposed development does not affect direct sunlight to north facing windows of apartments 4 and 9.

6.    Technical Officers Comments

 

The application has been referred to the following relevant technical officers.

 

Development Engineer

The Officer’s recommended conditions are included in the recommendation. Comments are reproduced below.

 

Drainage Comments

On-site stormwater detention is not required for this development however the stormwater discharge from the site is not to exceed 25 litres per/second for the 1 in 20 year storm.

 

The Planning 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.

 

The subject site is located adjacent to a localised low point and overland flowpaths. The applicant has submitted a flood study for the area and the key findings of the study, (i.e. top water levels), have been adopted. Conditions relating to protection of openings have been included within this report.

 

The Development Engineer is of the opinion that the proposed development effectively increases the width of overland stormwater flow along the eastern edge of the development and the existing laneway. A condition requiring the applicant to create an easement over the proposed pathway along the eastern edge of the development has been included within this report.

 

Traffic Comments

The average traffic generation for the proposed residential development consisting of 13 residential units, (2 with home office), and 2 commercial units/shops will be in the range of 60 to 70 vehicle movements per day.

 

The expected peak flow volume of approximately 7 vehicles per hour is considered low and no delays should be experienced in Asher Lane or surrounding streets as a result of this development.

 

Conditions relating to the dedication of land to Council for road widening have been included within this report. The Assessment Planner is advised that, given the requirement within this report for dedication of land along the Havelock Avenue site frontage, the development Engineer would support the encroachment over the new Havelock Avenue’ boundary (post dedication) of the proposed balconies.

 

Vehicular Access

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 driveway opening at the Asher Lane frontage must be a minimum of 3.6 metres wide. The internal driveway shall be in general accordance with AS 28090.1, (3 metres clear opening with 2 x 300mm kerbs). The entry/exit point is in Asher Lane and it is recommended that the driveway be constructed as wide as possible at the kerb line without increasing the number of Asher Lane’ parking spaces lost (if possible). The relevant Australian Standards would allocate 6.2 metres for a parallel parking space and the Development Engineer is of the opinion that this is the minimum width required for the kerb opening of the driveway. Note: the full extent of the driveway would be 6.2 metres made up of 2 x 500mm wings on the layback and 5.2 metres between the wings. Conditions relating to the submission of turning manoeuvres have been included within this report.

 

Parking provision

The Assessment Planner is advised that the Development Engineer has an issue with the proposed parking provision. The development application is for construction of 13 residential units, 2 commercial shops and 2 home offices. The Development Engineer has calculated a parking demand using Council’s DCP-Parking of 21 spaces. There will be a loss of parking in Asher Lane of 1 space minimum and potentially 2 spaces following assessment of turning manoeuvre templates for entry/exit movements. The applicant has provided 13 spaces and 2 of these spaces are designated small car-spaces. The application is therefore significantly deficient in parking provision and has proposed the use of a “GoGet” service, (2 vehicles provided), to alleviate/offset some of the deficiency. The Development Engineer has not had any involvement in the discussions with GoGet and therefore is fully reliant on the Assessment Planner to include appropriate conditions to ensure that the GoGet service (or an equivalent service), is available as a long term option for the residents of the proposed development. The Development Engineer recommends that Council’s solicitors be requested to deal with the implementation and long term presence of the GoGet service[1]. The applicant’s traffic consultant, (based on data provided by GoGet), estimates that the provision of 2 GoGet cars equates to 10 spaces. The Assessment Planner is advised that the Development Engineer considers this estimate to be highly inflated, particularly given the high rate of car ownership in the subject development area, (the figure provided of 5 spaces per GoGet car would be more likely in the inner city area). The Assessment Planner is requested to include a condition requiring the GoGet service vehicles to be allocated to the 2 proposed small car spaces, (should support for the GoGet cars be given).

 

The subject development site is close to public transport which would support a minor departure from the DCP-Parking provision. It should also be noted that the existing site has no off-street parking provision.

 

Carpark layout

The vehicular access and ground level carparking (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

Service Authority Comments

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

 

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

 

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

 

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

 

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

 

Awning Comments

The minimum clear distance from the existing footpath in Havelock Avenue to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

The minimum clear distance from the existing footpath in Havelock Avenue to the underside of any proposed under awning sign shall be 2.60 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

Landscape Technician

The Officer’s recommended conditions are included in the recommendation. Comments are reproduced below.

 

The only vegetation outside the property that may be affected by this application was observed to be one 4 metre tall Eucalyptus robusta (Swamp Mahogany) within the bitumen footpath on Dudley Street, near the corner of Asher Lane, with several others of the same species and similar sizes located further to the west.

 

However, this is a poor example of the species due to previous storm damage/vandalism being sustained to its crown, resulting in unsightly and poorly attached sucker growth, and as it is not considered to have any long-term prospects, Council requires that the applicant remove this tree as part of reconstructing the public footpath, and must also meet Council’s costs in providing a new tree in its place.

 

Beyond the northern site boundary, the Havelock Avenue frontage consists of an overhead awning almost to the back of the kerb, with decorative paving across the full width of the footpath. Despite no works being shown here, a monetary bond as security will still need to be held should damage occur to Council’s infrastructure during the course of the works and need to be repaired.

 

Vegetation exists around almost the entire perimeter of the site, with those along the western boundary comprising from south to north, one small and insignificant Acacia species (Wattle) of about 5 metres in height, one Morus nigra (Mulberry Tree) of approximately 6 metres, and one Musa species (Banana Tree), near the southwest corner of the existing commercial buildings which face Havelock Avenue.

 

As the Wattle and Banana are too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), and the Mulberry is recognised as an environmental weed, all shall be removed as part of this application.

 

In accordance with a request from the assessing officer, the need to provide replacement planting which will afford screening and privacy between this proposal and the existing unit block to the west, on the other side of Asher Lane, but is also appropriate for the space available, has also been included in this report.

 

The various shrubs/small trees within the front yard, and along the front (southern) boundary, such as the Murraya and Hibiscus, are all too small for the TPO, with no objections raised to their removal.

 

Right in the southeast corner of the site, fronting Dudley Street, there is one Jacaranda mimosifolia (Jacaranda) of around 8 metres in height which is covered by the TPO, and is easily recognised as the most established vegetation at this property due to a combination of its size and prominent location.

 

Despite appearing in reasonable health, a closer inspection revealed that co-dominant leaders emerge from ground level, and may actually be an included junction, which is a structural defect that carries a higher rate of failure than properly formed branch unions, and is a major consideration when assessing this tree’s suitably for retention, particularly given the existing and future ‘target area’.

 

The southern stem rises vertically, with the northern part (which contains the majority of foliage and branch structure) leans excessively to the northwest, occupying almost the entire front portion of the property, and already overhangs the existing dwelling.

 

Removing this northern leader so as to facilitate the reasonable development of this property would not be in the long term interests of this tree as it would not only severely affect its form and habit, but would also leave the remaining portion susceptible to wind burn and wind throw, and if retention was pursued, the area required by this tree both above and below ground would require that the whole proposal be completely reconfigured.

 

In light of the above issues, there is seen to be justification for its removal, even irrespective of proposed building works, with approval included in a relevant condition in this report.

 

Further to the north, about halfway along the length of the eastern boundary, fronting the existing public walkway, there is also one 5 metre tall Plumeria acutifolia (Frangipani), which despite being a desirable species, is an insignificant specimen, and can be removed to accommodate the proposed works as shown.

 

To its north, there is one large Acer negundo (Box Elder) of around 10 metres in height which despite offering a visual buffer or screen between the subject site and neighbouring unit block to the east, Dudley Street, its whole southern aspect is dead, and appears to be in decline, making it unsuitable for retention.

 

Further, this species is widely recognised as a weed due to its ability to germinate from seed and invade areas of native bushland, with several areas existing in the Coogee area, and as such, Council requires that this tree be removed in order to eliminate the threat it poses to the environment.

 

Growing through the northern aspect of the tree described above are two Brachychiton acerifolius (Illawarra Flame Trees), being one 4m tall specimen close to the eastern boundary, and another larger one of around 6 metres in height, close to the eastern edge of the existing dwelling.

 

Despite being one of the most attractive native trees due to their impressive and highly prominent flower displays during early summer, it would not be physically possible to proceed with construction while still retaining either of these trees; and as such, approval is granted for their removal, but is subject to two replacements of the same species being provided in this area of the site, as has been shown, as this will directly compensate for their loss, and will also assist in maintaining a ‘link’ to these trees as existing site features.

 

Building Services Officer

The Officer’s recommended conditions are included in the recommendation. Comments are reproduced below.

 

The Proposal

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new 4 storey mixed residential and commercial development.

 

BCA Building Classification

Class      -      6      (Retail/Shops)

Class      -      2      (Residential units)

Class      -      7a    (Carpark)

 

Background

The existing building on site is a post war single storey brick dwelling with 4 shops attached to the front at the Havelock Ave alignment bounded by buildings of a similar nature.

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

Access for people with a disability:

The proposal appears to demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Access for people with a disability is required to be provided to the ground floor shops and sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

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

 

Recommendation

Should the approval be granted to the application, the following conditions should be included in the development consent.

 

Environmental Health Officer

The Officer’s recommended conditions are included in the recommendation. Comments are reproduced in italics below.

 

Further to the Environmental Health request for additional information (dated 3 June 2008) which has not been submitted, there was insufficient information provided with the application to determine whether the previous land use was used for an activity listed in Table 1 (Managing Land Contamination Planning Guidelines 1998). As the development application has been lodged, any contamination identified onsite cannot be dealt with as Category 2 remediation.

 

The application has been further reviewed and the key issues discussed, it has been determined between Kerry Kyriacou (Manager Development Assessments), Roman Wereszczynski (Manager Health Building & Regulatory Services) & myself that the proposal can be approved with the provision and use of Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979. In this regards, the key issues will be addressed and any requirements will be incorporated in the consent.

 

The consent does not become operative until the applicant has satisfied the requirements listed in Schedule ‘A’ of the consent. Upon compliance with the issues under Schedule ‘A’ and written confirmation from Council to that effect, then the consent shall become operative from a ‘date of endorsement’ subject to the conditions listed in Schedule ‘B’ and any additional conditions arising from the requirement of Schedule ‘A’.

 

The proposal

The existing site subject 55 Dudley Street, Coogee consists of a single storey residential building which backs on to four (4) single storey commercial buildings. The proposal involves demolition of the existing development and the construction of a mixed use residential and commercial development compromising thirteen (13) residential apartments, two (2) ground floor home offices, two (2) commercial premises, thirteen (13) car spaces and a central courtyard.

 

Randwick/Waverley Design Review Panel

The Panel’s comments are reproduced in italics below.

 

Philip Thalis declared an interest and was absent from the discussion subsequent to his presentation.

 

Relationship to the Context of the Proposal 

The context of this proposal and the flooding regime affecting the site are very clearly described in the application.  Care has been taken in developing the design to achieve a good fit with the context.

 

The site is at present occupied by a single storey house and small block of shops that are inconsistent with most of the surrounding development.

 

The Scale of the Proposal

As illustrated in the street elevations and photomontage provided, the proposed building is in scale with the streets and buildings surrounding it.

 

The Built Form of the Proposal

The building is aligned in a consistent manner with surrounding structures on Dudley St and Havelock Avenue.  Set backs proposed at street level from the eastern and western site boundaries would permit widened footways and improved drainage

 

As seen from the street it would read as an extension of the mixed-use development to its east.  The proposed central courtyard would ensure good cross ventilation for the proposed apartments and protect the amenity of the side windows to the buildings on the eastern side of the widened drainage easement/lane.

 

Setback eaves on the north, south and west frontages and the lift overrun exceed the height limit by slightly over a metre.  It is unclear whether this exceedence would have any adverse shadowing effects on habitable rooms in the new apartment building on the western side of Asher Street.

 

It is unlikely to impact on views from building to the west of the site, however this may need to be confirmed.

 

‘Through’ kitchens and small Juliet balconies could be considered for the Dudley Street façade to improve street connection and passive surveillance.

 

The need to raise the ground floor level to avoid flooding is regrettable and it would be preferable if shopfront at street level could be achieved for at least a proportion of the retail.  The ramp and stair solution for the Havelock Avenue frontage is well handled.

 

The Proposed Density

The density appears to the Panel to be suitable for this location

 

Resource and Energy Use and Water Efficiency

All dwellings would enjoy excellent solar access and cross ventilation.  Most bathrooms and kitchens would benefit from natural light and ventilation.  The car park is naturally ventilated and there would be space for the outdoor drying of laundry.  Provision is made for the retention of stormwater. 

 

The window operation of the large areas of glazing on the top floor should be indicated on the drawings to enable assessment of cross ventilation.

 

Some daylighting could be introduced into the corridor of the southern penthouse.

 

The Proposed Landscape

A landscape strategy has been well integrated in to the overall design.

The site provides little opportunity for deep soil planting, however the establishment of six trees in Asher Street and the drainage lane would considerably enhance the area surrounding the site.  The proposed plantings in the courtyard would benefit the occupants of the building and the neighbours to the east.

 

The Amenity of the Proposal for its Users

The proposed apartments would provide a high standard of amenity.

 

The Safety and Security Characteristics of the Proposal

BCA compliance of the windows within 3m of the lane boundary should be confirmed.

 

Social issues

The diversity of unit types and inclusion of shops is very satisfactory.

 

The Aesthetics of the Proposal

Facades and massing are well resolved and lively.  The integration of artwork with the building fabric is commended.  The building would be an improvement to the neighbourhood.

 

Summary And Recommendations

It is the Panel’s view that this is an excellent proposal.  Subject to confirmation that the height exceedance, resulting largely from the need to raise the ground floor above flood level, does not have undue impacts, it is commended in its entirety to Council.

 

7.    Relevant Environmental Planning Instruments

 

The development application relies on existing use rights conferred under Part 4 Division 10 of the Environmental Planning and Assessment Act 1979 and Part 5 of the Environmental Planning and Assessment Regulations 2000.

 

Existing Use Rights

A site has existing use rights where the existing use was approved, but later prohibited by an Environmental Planning Instrument. In this case, the shops have a 1965 approval (and were probably in existence before then) and were later prohibited when the land was zoned Residential 2C by the Randwick LEP 1998.

 

A use with existing use rights may be expanded or rebuilt with development consent from Council. Any provision of an environmental planning instrument that detracts from existing use rights (including a development standard) does not affect a proposed existing use rights development.

 

Section 94A Contributions Plan

In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, the monetary levy shown in table 3 must be paid to Council.

 

Table 3 - Section 94A Contributions

Category

Cost

Applicable Levy

Contribution

Development Cost

More than $200,000

$4,623,029.00

1.0%

46,230.29

 

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.

 

Merit Assessment under the Land and Environment Court planning principle for existing use rights development.

Existing use rights prevent Council from applying the development standards in an environmental planning instrument. The Court’s planning principle requires that an existing use rights development be acceptable as a matter of good planning and design. This planning principle is outlined by SC Roseth at para 17 in Fodor Investments v Hornsby Shire Council (2005) 141 LGERA 14. The planning principle is considered here as 4 questions.


Principle 1 - How do the bulk and scale (as expressed by height, floor space ratio, [landscaped area] and setbacks) of the proposal relate to what is permissible on surrounding sites?

 

The proposed building is 12.5m high (12m max); external wall height is up to 11.17m (10m max); floor space ratio is 1.55:1 (0.9:1 max); and landscaped area is 36% (50% min). The proposed development is in breach of the LEP development standards that would ordinarily apply on surrounding sites.

 

Nevertheless, the proposed building is comparable with the mass, scale and placement of extant building forms in Havelock Ave and Dudley St. Points of comparison include:

 

·      Height – the dominating building element in Havelock Ave and Dudley St is a face-brick super-structure at levels 1 and 2. This element approximates the appearance and form of older buildings in the street resulting in a superior streetscape fit. This can be seen in the extended street elevations in figures 3 and 4 and is best demonstrated by the photomontage in figure 1.

 

The overall height is to be lowered to 12m by way of a deferred commencement condition. This is will ensure the building s no higher than future buildings on nearby lots and will improve view sharing over the site as discussed in section 8.

 

·      Floor space – the top level (responsible for 36% of the overall floor space) is setback at least 2m from all 3 street frontages so that it cannot be seen by an observer immediate to the site.

 

It is also constructed of different materials. From more distant vantage points, it would appear as a diminutive form and not visually connected to the street below. This is also demonstrated in the photomontage in figure 1.

 

·      Setback – to Havelock Ave and Dudley St is comparable to buildings to the east. Footpaths and awnings are a continuation of the established streetscape.

 

·      Landscaping – The podium courtyard includes 1m deep planter boxes and these are adequate to support medium sized trees. There is an olive tree, an ornamental plum tree and a fig. There are also 2 flame trees in deep-soil adjacent to the eastern boundary and space for native palm trees in deep soil adjacent to the western boundary.

 

The western boundary landscaping, in particular, introduces de-facto street trees to Asher Ln where space limitations in the road reserve would ordinarily restrict new street trees. The extent and quality of landscaping is comparable to sites to the east and is acceptable.

 

Figure 3 – An extended street elevation in Dudley St

 

Figure 4 – An extended street elevation in Havelock Ave

 

What is the relevance of the building in which the existing use takes place?

This question is generally concerned with site or building conditions (such as height, floor level or parking) that are to be preserved in the redevelopment. As the existing buildings are to be demolished, they have no relevance to the proposal.

 

What are the impacts on adjoining land?

The building is comparable to a non existing-use rights development. It generally satisfies the performance requirements in Council’s Multi-unit Housing DCP for solar access, privacy, view-sharing, safety and security. Specifically:

 

·      Overshadowing impacts are assisted by generous buffer distances to nearby dwellings. There is 3m to the east, 22m to the south, and 9m to the west. No north facing windows, outdoor living spaces or solar collectors are affected.

 

·      Balconies are typically separated from other living spaces by at least 10m. The north facing balconies for apartments 5, 10 and 13 require a privacy screen on the eastern aspect. This is included as a condition in the recommendation.

 

·      View sharing is considered under Section 8 and is found to be acceptable. There is some view loss from the new apartments at 47-53 Dudley St. Sight lines over the subject site make this view-loss inevitable. There is a condition in the recommendation that requires a lower roof, making view-loss from other properties negligible.

 

·      Casual surveillance of communal areas is good. There are no entrapment or concealment areas. Access to the building is secure. Communal and private outdoor spaces are well delineated. Pedestrian and vehicular movement corridors are clear and unambiguous.       

 

What is the internal amenity?

The building is comparable to a non existing use rights development. It generally satisfies the performance requirements in Council’s Multi-unit Housing DCP for solar access, private open space, services and facilities, and parking. The building also satisfies BASIX requirements for water and energy efficiency, and thermal comfort. Specifically:

 

·      Solar performance is assisted by generous buffer distances to other buildings. 8 of 13 apartments enjoy an excellent northerly orientation. A further 3 apartments are aligned to receive morning and afternoon sun. Operable shade-screens protect living spaces from the worst of the afternoon sun. Only 2 of 13 apartments have less than ideal solar access and this is acceptable.

 

·      Each unit enjoys a private outdoor balcony of at least 10.5m2 and it is connected directly to an internal living space. There is a podium courtyard providing a communal landscaped space.

 

·      All apartments have dual aspect. Apartments are compact and laid out efficiently. Cross ventilation is good.

 

·      There are 10 resident spaces, 2 dedicated share-cars and 1 visitor space, adequately dealing with a calculated demand for 21 parking spaces. Provision and maintenance of the share-cars would be a positive covenant on the title and this matter is included as a condition in the recommendation.

 

·      Bin storage is accessible to all units and the street. Dedicated storage is limited although there are built-in wardrobes in each bedroom, and generous kitchen storage areas. There are conditions in the recommendation that require external services and facilities such as down-pipes and television aerials to be concealed from view.

 

Summary of merit assessment findings

The building is compatible with the scale of buildings in the locality. Height is to be restricted by a deferred commencement condition so that it is no higher than any future development on nearby land. A number of design elements make the building sensitive to the architectural form of older buildings in Havelock Ave and Dudley St, resulting in a superior streetscape fit.

 

External impacts and internal amenity are comparable to a building that satisfies the requirements of Council’s Multi-Unit Housing DCP, SEPP 65 – Design Quality of Residential Flat Buildings, and SEPP: BASIX. The proposed building is meritorious and satisfies the Land and Environment Court’s planning principle for existing use rights development.

 

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 roof terrace at 12/47-53 Dudley St and the front balcony at 80 Dudley St. These photomontages are shown in Figures 5 and 6.

 

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

There are views over the site toward the Ocean and Coogee Beach from many dwellings to the west and south-west of the site.

 

Council’s Assessing Officer visited the homes of the 5 objectors’ who raised an issue with view loss. Table 4 shows photographs of the main balcony or terrace view from each home (taken while standing). There are additional views from internal living spaces although these are of lesser quality.

 

As can be seen in the photographs, the views are typically distant toward the ocean and horizon. They are not panoramic. Views toward the coastline are heavily obstructed and there are no iconic elements.

 

The views are incidental to the layout and orientation of the homes with the exception perhaps of the roof terrace at 12/47-53 Dudley St. Views from the balconies at 47-53 Dudley Street are through a normal building envelope on the subject site and cannot be protected. While valued by the landowners, the views are not highly valuable.

 

Assess the extent of the impact

View-loss would be sustained by 4 of the 5 homes inspected by Council’s Assessing Officer.

 

·      80 Dudley St would lose a substantial portion of the ocean and horizon view from its front balcony. This can be seen in the photomontage in figure 5

·      9/47-53 Dudley St would lose the whole of its view of the ocean and horizon

·      27/10 Alexander St would lose part of its ocean view, but retain its horizon view

·      12/47-53 Dudley St would lose a substantial portion of its ocean view from the balcony, but retain its partial view of the coastline and the whole of its view from the roof terrace. A photomontage showing the proposed building in the roof terrace view can be seen in figure 6

·      18/10 Alexander Street would retain its partial view of Coogee Beach

 

Assess the reasonableness of the proposal that is causing the impact

The building is compatible with the scale of buildings in the locality. A number of design elements make the building sensitive to the architectural form of older buildings in Havelock Ave and Dudley St, resulting in a superior streetscape fit. External impacts and internal amenity are comparable to a building that satisfies the requirements of Council’s Multi-Unit Housing DCP, SEPP 65 – Design Quality of Residential Flat Buildings, and SEPP: BASIX. The proposed building is meritorious and satisfies the Land and Environment Court’s planning principle for existing use rights development.

 

The overall height of the building is to be reduced to 12m by way of a deferred commencement condition. This will ensure the building is no higher than any future development in the area and will improve views over the site from 80 Dudley St and 27/10 Alexander St. There are no other reasonable modifications that will improve view sharing from the balconies at 47-53 Dudley Street. The proposed view sharing is acceptable.

 


 

Table 4 – Main views from objector’s properties

18/10 Alexander St - Balcony

80 Dudley St - Terrace

9/47 Dudley St - Balcony

27/10 Alexander St - Balcony

12/47-53 Dudley St – Roof terrace

12/47-53 Dudley St - Balcony

 

Figure 5 – View-loss analysis from the front balcony, 80 Dudley St

 

Figure 6 – View-loss analysis from the roof terrace, 12/47-53 Dudley St

 

 

 

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.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is for a 4 storey mixed-use building with 13 apartments, 2 home offices and 2 commercial units. There is a secure car-park at ground level for 13 cars, including 2 spaces reserved for a car-sharing scheme.

 

The site has 3 street frontages; north to Havelock Ave; west to Asher Ln; and south to Dudley St. The eastern boundary adjoins a 3m wide drainage reserve and pedestrian-way. The site is 20m wide, 36m long and 726.5m2.

 

Commercial use of the site dates to at least 1965 with a building approval for a shop-front. Most recently in 2001, Council approved a change of use for a therapeutic massage and nutrition centre.

 

The proposal was exhibited in accordance with Council policy. There is a petition of 127 signatures collected from the medical practice at 16 Asher St. Objections were received from 26 addresses.

 

The proposal is permissible under existing use rights and satisfies the Land and Environment Court planning principle for merit assessment of existing use rights development.

 

A deferred commencement approval is recommended. The deferred commencement conditions deal with potential site contamination and roof height.

 

Recommendation

 

That Council, as the responsible consent authority, grant deferred commencement development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/364/2008 for demolition of existing buildings and construction of 4 storey mixed use development comprising 2 commercial tenancies, 2 home offices and 13 carpark spaces at ground level, 13 residential units above, and associated works at 55 Dudley Street, Coogee subject to the following conditions:

 

Deferred Commencement Conditions

 

The consent is not to operate until the following documentation has been submitted to the satisfaction of Council’s Director, City Planning:

 

Deferred Commencement Condition D1

 

A)       A Preliminary Investigation shall be carried out in accordance with the requirements of the NSW EPA Guidelines and is to be undertaken by a suitably qualified consultant. The Preliminary Site Contamination Investigation is to identify any past or present potentially contaminating activities and must be provided to Council, in accordance with the Council’s Land Contamination Land Policy. The Preliminary Site Contamination Investigation report is to be submitted to the satisfaction of Council’s Director, City Planning.

 

B)       The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land. 

 

C)       A written statement is to be provided to the Council from an independent DECC Site Auditor, which confirms that the Site Investigation Report and the Remediation Action Plan / Strategy satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

              

Deferred Commencement Condition D2

 

A)       Should the report referred to above in Deferred Commencement Condition (D1) identify that the land is contaminated, a Detailed Site Investigation & Remediation Action Plan (or strategy) must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on the details and extent on land and ground water contamination and the likely hood of offsite migration of any contamination from the site and details of how the site is to be remediated. 

       

B)       The reports are to be prepared generally in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and also as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land.

 

The detailed site investigation report is to assess the nature, extent and degree of contamination on the land.  The detailed site contamination report must be sufficiently detailed.

 

Should the Detailed Site Investigation Report demonstrate that the land and groundwater is not contaminated, the conclusion to the report must clearly state that ‘the land is suitable for its intended land use, posing no immediate or long term risk to public health or the environment and is fit for occupation by persons, together with clear justification for the statement.  The report must demonstrate that any site contamination satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

C)       A Remediation Action Plan or strategy is required to be submitted to and approved by Council prior to the commencement of this application. The Plan/Strategy must be generally in accordance with the NSW Environmental Protection Authority Guidelines for Consultants Reporting on Contaminated Sites and include procedures for the following:

 

·           Removal and disposal of contaminated soil,

·           Management and containment of contaminated soil,

·           Cross contamination between un-remediated land and remediated land or other land (including during remediation and construction work),

·           Excavation of Hydrocarbon-contaminated soil,

·           Procedures for unexpected finds,

·           On-site treatment by land farming,

·           Ground water remediation, monitoring and validation,

·           Validation sampling and analysis, proposed validation strategies, Site Audit Statement / Reports and EMP to be provided to Council.

 

Deferred Commencement condition D3

 

A written statement is to be provided to the Council by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor, which confirms that the Detailed Site Investigation & Remediation Action Plan (or strategy) (as required) satisfy the legislative guidelines and requirements and this deferred commencement condition and that the land is able to be remediated and/or is suitable for the intended use.

 

The detailed investigation, Remediation Action Plan (or strategy) and the written statement by the auditor shall be submitted to the Council to the satisfaction of Council’s Director, City Planning prior to this consent becoming operative. The written concurrence of Council must be obtained before the deferred commencement condition is satisfied.

 

Deferred Commencement condition D4

 

The roof over the top level must be lowered so that it does not exceed RL 40.1 Design details must be submitted to Council for approval.

 

Upon satisfaction of the deferred commencement conditions, the following conditions apply:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA101-105, DA200-201, DA300-302, dated 27 October 2008 and received by Council on 3 November 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:

 

Car sharing scheme

 

2.       In order to ensure satisfactory parking provision is made for the development, prior to the release of an Occupation Certificate (including any interim Occupation Certificate) for the developed premises, the application shall establish a car sharing scheme. The scehme shall include the provision of two on site car parking spaces and two motor cars wither by (a) delivery of two purchased vehicles or (b) the entering into a prepaid/secured lease for two cars for a duration of at least 24 months and delivery of the leased vehicles.

 

The vehicles and car spaces shall be made available under the scheme for the joint communal by residents of the developed premises only.

 

Ongoing costs for the cars including petrol, other fuel, maintenance, repairs, registration, insurance, replacement or new leases shall be borne by the owner (or the Owners Corporation in the event that a strata plan is established) who may make appropriate arrangements to recover such costs from the residents of the developed premises.

 

3.       In order to ensure that satisfactory parking provision for the development is achieved by way of continued operation of the car sharing scheme, a positive covenant shall be created and registered on title prior to the release of an Occupation Certificate (including an interim Occupation Certificate) over Lot 5 in Deposited Plan 668607 requiring the ongoing management of the car sharing scheme by the owner, (or the Owners Corporation in the event that a strata plan is registered). The ongoing management shall include provision for:

 

·      Two vehicles being available for joint communal use by residents only of the developed premises;

·      Maintenance of two on site parking spaces with exclusive use for the purpose of the scheme. The parking spaces are not be sub-let or sold, nor used by visitors. A sign shall be erected and maintained identifying the parking spaces as being “Authorised Vehicles Only – Reserved for parking of vehicles designated as part of the Residents’ Car Pool Scheme” or similar.

·      Maintenance of each vehicle including the payment of necessary petrol/other fuel, repairs, registrations, insurance and/or leases.

 

Randwick City Council shall be named in the Covenant as the authority able to modify, vary or release the covenant.

 

The positive covenant must be drawn to the satisfaction of Council and its lawyers. The Applicant shall be responsible to pay Council’s legal costs of and in respect to the positive covenant.

 

Evidence that the covenant has been registered with the Department of Land and Property Information is to be provided to Council prior to release of the Occupation Certificate (including any interim Occupation Certificate).

 

Note: To ensure the proper management of the car sharing scheme, in the event that an application is lodged for Strata subdivision of the development Council shall require that:

 

·      The car spaces dedicated to the car sharing scheme form part of the common property; and

·      Any by-laws made under a future Strata plan must be consistent with this condition of development consent and the terms of the positive covenant created and registered pursuant to this condition.

 

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

 

4.       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.

 

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

 

6.       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.

 

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

 

8.       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.

 

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

 

10.     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.

 

11.     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.

 

12.     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.

 

13.     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.

 

14.     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.

 

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

 

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

 

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

 

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

 

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

 

·             Stormwater management (i.e. rainwater tanks)

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

·             Landscaping provisions

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

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

 

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

 

19.     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

Contribution

Development Cost

More than $200,000

$4,623,029.00

1.0%

$46,230.29

 

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.

 

Security Deposit Conditions

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

 

20.     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:

 

a)   $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.

 

Traffic conditions/Civil Works Conditions

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

 

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

 

a)  Construct a heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Asher Lane. The dimensions of the vehicle crossing shall be determined following consideration of turning manoeuvre swept paths.

 

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

 

c)  Remove the existing sandstone kerb and gutter and construct new kerb and gutter for the full site frontage in both Dudley Street and Havelock Avenue.

 

d)  Carry out a full depth, minimum 1.5 metre wide, road construction in front of the new kerb and gutter in Dudley Street and Havelock Avenue.

 

e)  Remove the existing asphalt footpath along the Dudley Street and Asher Lane and construct new footpaths along both frontages to Council’s specification.

 

f)   Reconstruct the existing kerb inlet pit in Dudley Street. It is noted that the kerb inlet pit shall be constructed in general accordance with Council’s standard drawing SD7.

 

22.     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.

 

23.     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.

 

24.     A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

25.     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.

 

 

26.     The driveway opening at the Asher Lane frontage must be a minimum of 3.6 metres wide at the Asher Lane site boundary. The internal driveway away from the street alignment shall be a minimum of 3 metres wide, (clear opening), with 300 millimetre wide kerbs on either side. The Construction Certificate Application must demonstrate compliance with this requirement.

 

27.     Prior to the lodgement of a Construction Certificate application the applicant must submit to Council for approval, and have approved, detailed turning manoeuvre diagrams showing movements into and from the development site. The turning manoeuvres must be prepared based on the B85 and B99 vehicle templates in AS 2890.1-2004. The width of the vehicle crossing at the Asher Lane kerb line shall be determined following consideration of the turning manoeuvre diagrams/swept paths. The applicant must meet the full cost for any alterations to, or additional sign posting required in Asher Lane as/if required to ensure the provision of suitable vehicle entry/exit movements.

 

28.     The vehicular access and ground level carparking (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate Application must demonstrate compliance with this requirement.

 

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

 

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

 

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

 

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

 

31.     Prior to the issuing of an occupation certificate the applicant must dedicate, at no cost to Council, the following portions of land for road widening purposes:

 

·      A strip of land approximately 1.7 metres wide along the full Havelock Avenue site frontage.

 

·      A 1.2 metre by 0.9 metre splay corner at the intersection of Havelock Avenue and Asher Lane, (this dedication is to be based on the Havelock Avenue boundary post dedication of the above referenced 1.7 metre strip of land).

 

·      A 1.0 metre by 1.0 metre splay corner at the intersection of Dudley Street and Asher Lane.

 

32.     The minimum clear distance from the existing footpath in Havelock Avenue to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

33.     The minimum clear distance from the existing footpath in Havelock Avenue to the underside of any proposed under awning sign shall be 2.60 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

34.     All new awnings shall be set back a minimum of 600mm from the face of kerb. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

35.     Upon completion of the construction of the awning, certification of the structural adequacy of the awning must be provided to the Council.

 

Alignment Level Conditions

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

 

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

 

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

 

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

 

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

 

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

 

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

 

41.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $870.00 calculated at $44.00 (inclusive of GST) per metre of site frontage to Havelock Avenue. This amount is to be paid prior to a construction certificate being issued for the development.

 

 

 

Service Authority Conditions

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

 

42.     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.

 

43.     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.

 

44.     Documentary evidence from the relevant public utility authorities confirming that their requirements have been satisfied, must be submitted to the certifying authority prior to a construction certificate being issued for the development.

 

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

                                         

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

 

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

 

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

 

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

 

48.     A Section 73 Compliance Certificate under the Sydney water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

The Notice must be issued to the Principal Certifying Authority prior to the construction certificate being issued.

 

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development.

 

Drainage Conditions

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

 

Protection from flooding

 

49.     All habitable areas, storage areas and openings (such as vents, windows etc), fronting or adjacent to Dudley Street shall be suitably waterproofed up to a minimum level of RL 28.80 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

50.     All habitable areas, storage areas and openings (such as vents, windows etc), fronting or adjacent to Havelock Avenue shall be suitably waterproofed up to a minimum level of RL 28.50 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

51.     The rear/southern portion of the shops and the area between the proposed shops shall be suitably waterproofed up to a minimum level of RL 28.80 metres AHD. The construction certificate application must demonstrate compliance with this requirement.

 

52.     The proposed internal driveway from Asher Lane must be designed with a high point at least 150 mm above determined 1 in 100 year flood level (i.e. designed with a high point a minimum of RL 28.65 metres AHD) and in such a manner as to minimize the potential for stormwater overland flow to enter the carpark. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

53.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level (i.e. a minimum RL of 28.80 metres AHD).

 

54.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Development Manual (New South Wales Government, April 2005). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

It is noted that this requirement does not necessitate the development being flood proof/water tight up to the PMF event, rather the requirement is to ensure that the development will not be structurally damaged in manner that could endanger lives during the PMF event.

 

Internal Drainage

 

55.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (ie. above the 1 in 20 year storm) to the proposed drainage system.

 

d)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

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

 

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

 

57.     All site stormwater must be discharged (by gravity) to either:

 

·       The kerb and gutter in Havelock Avenue, fronting the development site;

 

AND/OR

 

·       The underground drainage system located within the laneway, immediately east of the development site. The connection point shall be at the northern extent of the laneway, (or within Havelock Avenue near the intersection with the laneway).

 

AND/OR

 

·       A suitably sized infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

58.     The internal stormwater drainage system must be suitably designed such that stormwater discharge from the consolidated site for all storms up to the 1 in 20 year ARI event does not exceed 25 litres per second. The Construction Certificate plans/application must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator regarding the design of this system prior to lodging the construction certificate.

 

NOTES:

 

Restricting site discharge to 25 litres per second for all storms up to the 1 in 20 year ARI event is likely to require the provision of a suitably designed  onsite stormwater detention system or an infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

59.     Should stormwater be discharged to an infiltration system, the infiltration area shall be  sized for all storm events up to the 1 in 20 year storm event with provision for a formal overland flow path to Council’s Street drainage system.

 

Should no formal overland escape route be provided for storms greater than the design storm, the infiltration system shall be sized for the 1 in 100 year storm event.

 

60.     Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

61.     Any detention area/infiltration system must be regularly cleaned and maintained to ensure it functions as required by the design.

 

62.     Any onsite detention/infiltration systems shall be located in areas accessible by residents of all units.

 

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

 

64.     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

65.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working. The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

66.     A sediment/silt arrester pit must be provided:-

 

·       within the site at or near the street boundary prior to the site stormwater discharging by gravity to the kerb/street drainage system; and

 

·       prior to stormwater discharging into any absorption/infiltration system.

 

The sediment/silt arrester pit shall be constructed in accordance with the following requirements:-

 

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

 

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

 

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

 

·      A galvanised heavy-duty screen located over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

 

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

 

·      A child proof and corrosion resistant fastening system provided for the access grate (e.g. spring loaded j-bolts or similar).

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

67.     One covered car washing bay shall be provided for this development.

 

a)       The car washing bay must be drained to sewer to the requirements of Sydney Water and proof of compliance is to be submitted to the certifying authority, prior to an occupation certificate being issued for the proposed development.

 

b)       The car washing bay must be located outside any required/approved stormwater detention system.

 

c)       The car washing bay may be located within the visitor parking spaces provided they are signposted with Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

d)       The car washing bay must be constructed with a minimum 20mm bund around the perimeter of the car washing bay/s (or equivalent)

 

e)       A water tap shall be located adjacent to the car washing bay.

 

68.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system complies with the conditions of development consent. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

69. The applicant shall meet the full cost for the creation of a drainage easement along the full extent of the eastern property boundary. The width of the drainage easement will vary between approximately 1.4 metres at the southern boundary and 1.8 metres at the northern boundary. The new drainage easement shall be created in favour of Randwick City Council and must be registered prior to the issuing of a Final Occupation Certificate for the development. The drainage easement widths and length relate to the site boundaries post dedication of the 1.7 metre wide strip of land along the Havelock Avenue frontage.

 

70.     Subject to there being an onsite detention/infiltration system constructed within the site, and prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E of the Conveyancing Act 1919) shall be placed on the title of the subject property. The "restriction on the use of land” and “positive covenant" are required to ensure that any onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

 

a.       The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

b.       The works as executed drainage plan and hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

Waste Management Conditions

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

 

71.     The garbage room area for the residential waste bins must be designed so as to be able to contain a total of 14 x 240 litre bins (7 garbage bins & 7 recycle bins) whilst providing satisfactory access to these bins. An additional 2 x 240 litre bins (1 garbage bin and 1 recycle bin) must be provided for the proposed shops, (preferably in a separate area). Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

72.     The waste storage areas are to be provided with a tap and hose and the floor is to be graded and drained to the sewer to the requirements of Sydney Water.

73.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

75.     If the Detailed Site Investigation Report (as requested in deferred commencement condition D2) identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following condition applies and shall be complied with:-

 

a)  A Remediation Action Plan (RAP) is required to be prepared and be submitted to Council prior to commencing remediation works.  The RAP is also required to be reviewed by an independent NSW Department of Environment and Conservation (DEC) Accredited Site Auditor.

 

b)  The RAP is to be prepared in accordance with the relevant Guidelines made or approved by NSW Department of Environment and Conservation (DEC), including the Guidelines for Consultants Reporting on Contaminated Sites.

 

c)  This RAP is to include procedures for the following:

 

·      Excavation of Hydrocarbon-contaminated soil,

·      Validation sampling and analysis,

·      Prevention of cross contamination and migration or release of contaminants,

·      Site management planning,

·      Ground water remediation, dewatering, drainage, monitoring and validation,

·      Unexpected finds.

 

d)  Prior to commencing any remediation works, a written statement is to be provided to the Council by the Site Auditor, which confirms that the Remediation Action Plan satisfies the relevant legislative guidelines and requirements and that the land is able to be remediated to the required level and be suitable for the intended development and use.

 

e)  The applicant is to engage a NSW Department of Environment and Conservation Accredited Site Auditor, accredited under sections 49 & 50 of the Contaminated Land Management Act 1997. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council and must verify that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within any Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and Council must be consulted with prior to the development of the EMP.

 

The Site Audit Statement must be submitted to Council, prior to the commencement of above ground works.

 

f)   Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Department of Environment and Conservation and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

g)  The site remediation including ground water must fully comply with all relevant Commonwealth and State Legislation, Regulations and Standards.

 

h)  Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as defined within the NSW EPA ‘Environmental Guidelines; Assessment, Classification and management of Liquid and Non-Liquid Wastes. 1999’.

 

i)   A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. A copy is to be forwarded to Council. The Site Remediation Management Plan shall include measures to address the following matters:

 

·      general site management, site security, barriers, traffic management and signage

·      hazard identification and control

·      worker health & safety, work zones and decontamination procedures

·      cross contamination

·      site drainage and dewatering

·      air and water quality monitoring

·      disposable of hazardous wastes

·      contingency plans and incident reporting, and

·      details of provisions for monitoring implementation of remediation works including details of the person/consultant responsible.

 

j)   Remediation must be completed to the satisfaction of the Accredited Site Auditor and the written concurrence of Council is to be obtained prior to the issuing of the construction certificate.

 

k)  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).

 

76.     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).

 

77.     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

 

78.     A report prepared by a suitably qualified and experienced consultant in acoustics, who is member of the Association of Australian Acoustical Consultant shall be engaged to prepare an acoustic report to be submitted to Council prior to a construction certificate being issued for the development. This report shall demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

      The report is to include (but not be limited) to;

 

·      Noise emissions from the proposed development (Identification of all noise sources including all plant and equipment i.e. air conditioning units, mechanical ventilation etc);

·      Noise emissions from the use and operation of the development;

·      Noise emissions from the proposed common roof deck provide on both east & west wings of the building;

·      Noise emissions into the proposed development from the surrounding environment;

·      Miscellaneous operational and other noise emissions, which may result in an offensive noise, disturbance or nuisance to residents of the area;

·      Road traffic noise intrusion (in accordance with the NSW Environmental Guidelines, Environmental Criteria for Road Traffic Noise and AS 3671);

·      Interior acoustic privacy (in accordance with Council’s Development Control Plan);

·      Aircraft noise intrusion (in accordance with AS 2021)

 

The report shall also include;

 

·      Relevant recommendations and appropriate noise mitigation methods to ensure compliance with the Protection of the Environment Operations Act 1997 and relevant noise control criteria and guidelines for day time, evening and night time period;

 

·      Recommended monitoring and compliance programs/validation, to ensure compliance with relevant noise criteria.

 

Should this acoustic report identify the need for design changes to the building, the applicant must seek any relevant approvals from the Council prior to the implementation or commencement of any of these works.

 

79.     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).

 

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

 

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

 

81.     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.

 

82.     The residential units are to achieve the following internal acoustic amenity criteria:

 

a)    In naturally ventilated residential units; the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       35 dB(A) between 10pm and 7am in sleeping areas when the windows are  closed;

·       45 dB(A) in sleeping areas when windows are open;

·       45 dB(A) in living areas (24 hours) when the windows are closed, and

·       55 dB(A) in living areas when the windows are open.

 

b)    In residential units provided with mechanical ventilation, air conditioning or other complying means of ventilation, when doors and windows are shut, the repeatable maximum LAeq (1 hour) shall not exceed:

 

·       38 dB(A) between 10pm and 7am in sleeping areas;

·       46 dB(A) in living areas (24 hours).

 

Details of compliance with the relevant criteria is to be included in the construction certificate application and written confirmation of compliance is to be provided to the Council and the Certifying Authority, by the Acoustic consultant, prior to the construction certificate being issued.

 

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

 

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

 

84.     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.

 

85.     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 ensure compliance with Local Government Legislation and Policies of Council:

 

86.     A separate development application and construction certificate or a complying development certificate (as applicable) must be obtained if the premises is to be used at any time for any of the purposes detailed below:

 

·       All food businesses (including premises used for the sale, storage, preparation  and distribution of food and drinks)

·       Hairdressing salons, Beauty salons, Businesses involving Skin Penetration &  Piercing, Massage businesses

·       Licensed premises, places of public entertainment and hotels

·       Places of Shared Accommodation (including Boarding / Lodging Houses, Bed &  Breakfast businesses, Backpackers, Residential Hotels or the like

·       Premises which have a Cooling Tower or Warm Water System

·     Business providing any form of sexual service (i.e. brothel or the like).

Business premises which are used for these purposes must comply with relevant public health and safety legislation and requirements and they must be registered with Council prior to an Occupation Certificate being issued for the development. The relevant registration and inspection fee is also required to be paid to Council in accordance with Council’s adopted Pricing Policy.

 

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

 

87.     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.

 

9.   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.

 

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

 

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

 

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

 

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

 

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

 

ii)       appoint a principal contractor for the building workand 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 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.

 

91.     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.

 

92.     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”.

 

93.     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.

 

94.     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.

 

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

 

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

 

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

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

 

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

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

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

 

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

96.     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.

 

97.     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.

 

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

 

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

 

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

 

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

 

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

 

99.     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.

 

100.    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.

 

101.    A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon  the premises adjoining the subject site.

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovestated premises, prior to the commencement of any works.

 

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

 

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

 

103.    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.

 

104.    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).

 

105.    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.

 

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

 

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

 

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

 

a)     Prior to construction of the first completed 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.

 

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

 

108.    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

 

109.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

112.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

114.    Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted.

 

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

 

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

19.      

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

 

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

 

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

 

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

 

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

 

115.    A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the site which comprise:-

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

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

 

116.    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.

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

b)     A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation). Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

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

 

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

 

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

 

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

 

119.    Access and facilities for people with disabilities must be provided to and within the building in accordance with the relevant provisions of the Building Code of Australia and AS1428.1 to the satisfaction of the Certifying Authority.  Details of the proposed access and facilities for people with disabilities are to be included in the plans / specifications for the construction certificate.

 

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

 

120.    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.

 

121.    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).

 

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

 

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

 

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

 

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

 

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

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

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

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

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

·       Cleaning arrangements, hygiene, safety and amenity.

 

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

 

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

 

124.    Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by Jane Irwin Landscape Architecture, job number 080101, drawing number L01, issue A, dated 16.04.2008, subject to the following additional requirements being included on an amended plan which shall be submitted to, and be approved by, the PCA, prior to the issue of a construction certificate, with a copy of the approved plan to be forwarded to Council, prior to the commencement of site works:

 

·       Deletion of the row of four Banksia integrifolia (Coastal Banksia’s) shown for planting within the Asher Lane footpath, due to their size at maturity, the narrow width of the footpath, and a general lack of available space for their future growth in this location, with all planting to be contained wholly within the site.

 

NOTE: While Council would support the provision of a narrow garden bed along the western boundary containing low growing, low maintenance native plants that would not encroach onto the footpath, any boundary fence or wall would need to be suitably setback.

 

·       The provision of traditional broad canopied trees along the western boundary to afford screening and privacy between the subject site and adjoining unit block to the west, 47-53 Dudley Street, there is insufficient space in this area due to the western basement wall and upper floor balconies; and as such, a minimum number of 4 x 100 litre (pot/bag size at the time of planting) native palms which will achieve a minimum height of 7 metres at maturity shall be provided in this area, together with suitable decorative under-planting which will attain a minimum height of 1.5 metres at maturity;

 

·       The planting schedule must include plant quantities, plant spacings where appropriate, and pot sizes at the time of planting.

 

·       Additional details including soil and mulch details, irrigation, edging, paving, fencing, surface finishes, planter box/retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

·       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, and all lawn areas a minimum soil depth of 300mm.

 

·       Position of existing and proposed site services including water, gas, electricity, sewer, stormwater, etc.

 

·       Sectional elevations through the site showing the existing and proposed groundlines, building elevations, and mature height of proposed planting.

 

·       In order to reduce the amount of storm-water generated by the site, as well as to recharge groundwater supplies, porous/permeable paving shall be used in all hard surfacing not over slab.

 

·       To ensure satisfactory maintenance of the landscaping, an automatic drip irrigation system shall be installed throughout all planted areas. Details shall be provided showing that the system will be connected to the sites rainwater tanks, with back-up connection to the mains supply, in accordance with all current Sydney Water requirements.

 

·       All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping.

 

·       Location of easements within the site and upon adjacent sites (if any).

 

·       Any substation required shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

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

 

126.    Prior to the issue of a final occupation certificate, documentary evidence is to be obtained from a qualified professional in the landscape/horticultural industry (must be a registered member of either AILA or AILDM), and shall be submitted to the PCA (as well as Council if not the PCA), which must confirm that the landscape works have been completed in accordance with the approved plans and relevant conditions of development consent.

 

Havelock Avenue Streetscape

 

127.    While no works appear to be shown beyond the northern site boundary, on Havelock Avenue, damage to this recently refurbished public footpath is still likely during the course of the proposed works; and as such, a refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $5,000.00 shall be lodged at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, and is to be held by Council as security.

 

Prior to the commencement of site works, the applicant must adequately document (site survey, photos etc) the existing pattern, style, grade and general layout of the existing paving, including any existing furniture such as the Post Box, to ensure that all elements can be reinstated exactly to their former location and condition upon completion of all works, with Council’s Landscape Architect to be contacted on 9399-0915 should advice be sought regarding this.

 

All works carried out on Council property shall be in accordance with Council’s requirements for Civil Works on public property, with the applicant to liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work, joint inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The repaired/reinstated streetscape shall be completed to the satisfaction of Council’s Landscape Architect and Pre-paid Works Designer, prior to the issue of a final occupation certificate.

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613), with any contravention of Council's conditions to result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

Street Tree Management

 

128.    As part of re-constructing the public footpath along the Dudley Street frontage (refer Civil conditions earlier in this report), the applicant must also remove and dispose of (at their own cost) the existing small Eucalyptus robusta (Swamp Mahogany), which is in poor condition due to storm damage/vandalism, with a new 1m x 1m tree square to be provided at the back of the kerb, an equal distance between the corner of Asher Lane and the existing Teltra phone booth.

 

129.    The applicant shall also submit a payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Eucalyptus robusta (Swamp Mahogany) in the tree square described above, at the completion of all works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least two working weeks notice, to arrange for provision of the replacement street tree upon completion of all site works.

 

Tree Management

 

130.    Approval is granted for the removal of all existing vegetation within the site in order to accommodate the proposed works as shown, subject to full implementation of the approved landscape plan, and includes:

·       Along the western boundary, from north to south, one Musa species (Banana Tree) and one Acacia species (Wattle), due to being too small for the provisions of Council’s Tree Preservation Order (TPO), as well as  the Morus nigra (Mulberry Tree), as this species is recognised as an environmental weed;

·       Those various shrubs/small trees within the front yard, and along the front (southern) boundary, such as the Murraya and Hibiscus, as they were observed to also be too small for the TPO;

·       The Jacaranda mimosifolia (Jacaranda), right in the southeast corner of the site, fronting Dudley Street, primarily due to the presence of structural defects observed with its co-dominant leaders at ground level, as well as an inability to retain this tree while still allowing the reasonable development of this site;

·       Further to the north, about halfway along the length of the eastern boundary, fronting the existing public walkway, one Plumeria acutifolia (Frangipani) due to its small size, and further to its north, one large Acer negundo (Box Elder) due to its whole southern aspect being dead, as well as that this species is recognised as an environmental weed;

·       Two Brachychiton acerifolius (Illawarra Flame Trees), growing through the northern aspect of the tree described above are, being one near the eastern boundary, and another larger one close to the eastern edge of the existing dwelling, in order to accommodate the proposed works as shown.

 

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).

 

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.

 

The applicant and developer is 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/owner 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.

 

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

 

Attachment/s:

 

Nil

 

 


Planning Committee

2 December 2008

 

 

 

Development Application Report No. D53/08

 

 

Subject:                  81-85 Frenchmans Road, Randwick

Folder No:                   DA/599/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Change of use to a veterinary establishment, including surgery and grooming services, with associated alterations and additions to the existing buildings and provision of off-street car parking.

 

Ward:                      North Ward

 

Applicant:                Foran Design Architects

 

Owner:                         Tanert Pty. Ltd.

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is for change of use to a veterinary establishment, including surgery and grooming services, with associated alterations and additions to the existing buildings and provision of off-street car parking. The application is referred to Council’s Planning Committee meeting at the request of Councillors Tracey, White and Procopiadis.

 

The subject site comprises Lots 4, 5 and 6 in DP 259676, Nos. 81-85 Frenchmans Road, Randwick. The site is located on the north-western side of Frenchmans Road, opposite to its intersection with Kemmis Street. The properties at Nos. 75-85 Frenchmans Road (Lots 1-6 in DP 259676) comprise a row of 6 x semi-detached, double-storey terrace buildings with retail services at ground level and shop top housing or ancillary commercial use above. The above properties are under the same ownership. A common car park to the rear services all of the six buildings. The subject site constitutes the 3 eastern most terrace buildings of the above complex.

 

The application was advertised and notified in September 2008 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. A total of twenty-six (26) objections and a petition from sixteen (16) properties were received at the conclusion of the public consultation process. The issues raised are in relation to traffic and parking generation, noise, odour, sanitary condition of surrounding footpaths, inconsistency with the local character, adverse impacts on businesses and property devaluation. The submission issues have been satisfactorily addressed within the body of this report.

 

The site is identified as being within Zone No. 3B (Local Business Zone) under Randwick Local Environmental Plan (RLEP) 1998. The proposed land use is defined as a ‘veterinary establishment’ under the LEP, and is permissible with Council’s consent. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of the 3B Local Business Zone, in that the development will enable the continued occupation and use of the existing buildings for commercial purposes, and reinforce the viability of the Frenchmans Road local business precinct by providing activation and casual surveillance of the public domain.

 

The Randwick Development Control Plan (DCP) requires the provision of 16 car parking spaces within the development. The proposal includes the line-marking of 12 parking bays within the subject site, of which 6 are to be dedicated to the veterinary clinic. The remaining 6 spaces will function as shared parking bays with other existing uses in the adjoining terrace buildings. Therefore, the proposal entails a shortfall of 10 parking bays.

 

The applicant has submitted a Traffic and Parking Assessment Report, which justifies that the proposed parking provision is adequate. The parking survey undertaken by the traffic consultant indicates that the peak parking demand likely to be generated by the proposed development is in the order of 3 to 5 spaces on weekdays, and 1 to 3 spaces on weekends. The proposal will dedicate 5 parking spaces plus 1 parking/loading bay for the exclusive use of the veterinary establishment. The level of parking provision is considered capable of satisfying the anticipated peak parking demand.

 

The veterinary clinic will operate on a by-appointment basis so that the overlapping of customer parking demand will be minimised. The site has convenient access to public transport services, which will serve to minimise staff parking demand. A dedicated loading/parking bay is included in the development scheme to cater for the delivery and waste collection vehicles.

 

A specific condition is recommended to require amalgamation of the six allotments (Lots 1 to 6) into one, in order to ensure proper functioning of the car park if future sales of any of the buildings occur.

 

The proposed facility will rely on air-conditioning and all windows will be kept closed. A specific condition is recommended to ensure that the exhaust ventilation system complies with the provisions of relevant Australian Standards. Accordingly, the operation is not considered to result in unreasonable odour emission.

 

The utilisation of air-conditioning also means that the transmission of noise from the interior space to the adjoining premises will be minimised. A specific condition is recommended to require an acoustic report to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate, in order to ensure that adequate noise attenuation measures are incorporated in the development.

 

The proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. The proposed development satisfies the relevant legislation and local planning controls, and is recommended for approval.

 

2.      The Subject Site and Surrounding Area

 

The subject site comprises Lots 4, 5 and 6 in DP 259676, Nos. 81-85 Frenchmans Road, Randwick. The site is located on the north-western side of Frenchmans Road, opposite to its intersection with Kemmis Street. The combined dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

North-western, rear boundary

19.0m

 

South-eastern, Frenchmans Road boundary

18.5m

 

North-eastern, side boundary

37.7m

 

South-western, side boundary

40.7m

 

Land area

 

Approximately 720.8m2

 

The properties at Nos. 75-85 Frenchmans Road (Lots 1-6 in DP 259676) comprise a row of 6 x semi-detached double-storey terrace buildings with retail services at ground level and shop top housing or ancillary service use above. The above properties are under the same ownership. A common car park to the rear services all of the six buildings. Vehicular access is obtained via a driveway crossing off Roscrea Avenue.

 

At present, there are 1 x restaurant, 1 x food preparation premises and 1 x clothing shop occupying the ground floor level of Nos. 75, 77 and 79 respectively. The buildings at Nos. 81, 83 and 85, which form the subject of this application, were previously used for baby supplies purposes and are currently vacant. The entire complex occupies a land area of approximately 1394m2.

 

The common car park is currently configured as follows:

·      7 x line-marked spaces along the rear boundary

·      4 x line-marked spaces immediately behind Nos. 81-85 Frenchmans Road

·      Approximately 2 x unmarked spaces immediately behind Nos. 75-79 Frenchmans Road.

 

The complex is adjoined by a detached dwelling to the north-west at No. 11 Roscrea Avenue. A pair of double-storey semi-detached dwellings adjoins the site on its north-eastern boundary. The locality is characterised by a mixture of retail and commercial premises and low to high density residential developments.

 

Photos 1 to 4 show the existing developments on the subject and adjoining sites.

 

 

 

 

 

 

 

 

 

 

 

 


Photo 1 Street elevation of the subject buildings at 81-85 Frenchmans Road

Photo 2 Rear elevation of the subject buildings

 

 

 

 

 

 

 

 

 

Photo 3 Existing common car parking area to the rear of the terrace buildings

Photo 4 Existing common car parking area to the rear of the terrace buildings

 

3.      The Proposal

 

The proposed development is for change of use to a veterinary clinic, with associated alteration and addition works and provision of off-street car parking. A similar facility is currently operating in Botany Street, Randwick, which is proposed to be relocated to the subject site.

 

3.1    Land use

The facility will offer the following services:

 

·      Veterinary surgery

·      Overnight boarding for patients following a surgical procedure or treatment

·      Dogs and cats grooming.

 

3.2    Floor space components

The proposed works will create the following floor space components:

 

Ground floor

Reception, office, stores, laundry, examination rooms, pharmacy / laboratory, food preparation areas, grooming areas, dogs ward, doctor’s room, amenities

 

First floor

Staff room, cats ward, office, utility pedestal treatment areas, surgery rooms, X-ray room, stores

 

3.3    Building works

The proposal includes the following building works:

 

·      Installation of a new entry doorway and disabled access ramps on the Frenchmans Road frontage.

·      Construction of a new staircase and enclosure of an existing passageway on the rear elevation of the building.

·      Removal of an existing roller shutter door on the rear elevation and replacement with brick infill.

·      Installation of a new roller shutter door to the proposed waste areas.

·      Construction of internal partitioning and general fit-out works.

·      Line-marking of 12 car parking spaces to the rear of the site, of which 6 spaces will be dedicated to the veterinary clinic.

 

3.4    Hours of operation

The proposed hours of operation are as follows:

 

Veterinary surgery

 

Monday to Friday

7am to 9pm

Saturday

9am to 6pm

Sunday and Public Holidays

9am to 6pm

Grooming

 

Monday to Friday

8am to 6pm

Saturday

9am to 1pm

Sunday and Public Holidays

Closed

 

3.5    Staffing

The level of staffing is anticipated to be as follows:

 

Weekdays

 

Up to 11:30am

Maximum 5

11:30am to 3:30pm

Maximum 10

3:30pm to closing

Maximum 5

Weekends

 

 

Maximum 5

 

3.6    Loading and deliveries

Delivery and loading activities are anticipated to be as follows:

 

General and medical supplies

1 to 2 / week by van, or

2 / month by 3-ton truck

Pathology specimen pick-ups

1 / day by car

Waste collection

2 / week by 3-ton truck

 

4.      Site History

 

4.1    Recent development approvals relating to the site

 

DA/271/1997

Alterations to the rear of the existing building to create additional storage areas, access ramp and car parking, and conversion of the first floor level to residential dwellings.

The application was approved by Council on 31 July 1997.

DA/416/1998

Change of use of the first floor level from residential to commercial storage and administration.

The application was approved by Council on 23 July 1998.

DA/1265/1999

Erection of 7 vertical flag signs on the front façade of the building.

The application was approved by Council on 25 November 1999.

 

4.2    Plan amendments

A request was made by letter dated 26 September 2008 for the submission of amended plans/additional information addressing the following issues:

 

·      It is anticipated that a significant proportion of clients would travel to the veterinary clinic by cars as various pets are not allowed on public transport. The plans are to clearly delineate a suitable proportion between visitor/customer and staff parking, so that pets drop-off and pick-up can be undertaken without adverse impacts on the traffic situation in the area.

 

·      The application is to demonstrate how the proposed loading requirements, in conjunction with those of the existing uses on Nos. 75-79, can be accommodated within the site. Where appropriate, a designated loading bay should be provided within the common car park.

 

·      The application does not clearly explain how the parking spaces will be allocated between the veterinary clinic and other existing uses.

 

·      At present, the 6 allotments of Nos. 75-85 are under the same ownership. Suitable legal arrangements should be in place to allow for any change of ownership in the future. This may be achieved by creating reciprocal rights of way over the 6 allotments, or alternatively, by consolidating the 6 allotments into 1.

 

Amended plans and a Traffic and Parking Assessment Report were submitted to Council on 11 November 2008.

 

5.      Community Consultation

 

The subject application has been advertised and notified by letter dated 3 September 2008 to 19 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 17 September 2008. The following submissions were received at the conclusion of the public consultation process:

 

·      97-99 Albion Street, Randwick

·      51 Clovelly Road, Randwick

·      3/23 Cook Street, Randwick/2 Roscrea Avenue, Randwick (unit number not given)

·      2/62 Frenchmans Road, Randwick

·      8/62 Frenchmans Road, Randwick

·      64 Frenchmans Road, Randwick (unit number not given)

·      14/61A-65 Frenchmans Road, Randwick

·      3/99-105 Frenchmans Road, Randwick

·      99-105 Frenchmans Road, Randwick (unit number not given)

·      110 Frenchmans Road, Randwick

·      38 Gilderthorpe Avenue, Randwick 

·      2/42-44 Gilderthorpe Avenue, Randwick

·      4/42-44 Gilderthorpe Avenue, Randwick

·      8/42-44 Gilderthorpe Avenue, Randwick

·      48 Gilderthorpe Avenue, Randwick

·      A property at Roscrea Avenue, Randwick (street/unit number not given)

·      G1/2 Roscrea Avenue, Randwick

·      206/2 Roscrea Avenue, Randwick

·      5 Roscrea Avenue, Randwick

·      7 Roscrea Avenue, Randwick

·      9 Roscrea Avenue, Randwick

·      11 Roscrea Avenue, Randwick

·      10/16 Roscrea Avenue, Randwick

·      2 x properties at 16 Roscrea Avenue, Randwick (unit numbers not given)

·      ABC Planning Pty. Ltd. on behalf of residents of Frenchmans Road, Kemmis Street and Roscrea Avenue

·      Petition from 16 properties in the locality.

 

The issues raised in the submissions are addressed below:

 

Issues

Comments

The proposal would generate a significant amount of additional traffic from clients, staff and deliveries, and would reduce on-street parking spaces in the locality.

 

The proposed use, in conjunction with the existing food premises, shops and hardware supplies in the area, would result in significant cumulative traffic impacts.

 

The issue of traffic and parking generation is addressed under the “DCP – Parking” section of this report.

 

The relative high volume of traffic along Frenchmans and Clovelly Roads is attributed to the mixed commercial and residential nature of the locality. It is considered unreasonable to attribute traffic congestion to a single land use, which is proposed within an established local retail precinct.

 

The application is unclear as to whether the proposed car parking spaces are shared with other existing uses within the block of terrace buildings.

 

The traffic report and amended drawing have clearly explained the functioning of the common car park behind the subject buildings. Refer to the “DCP – Parking” section of this report for details.

 

The proposal does not comply with Council’s car parking controls.

 

This matter is addressed under the “DCP – Parking” section of this report.

There are no pedestrian crossings or traffic lights in the vicinity of the site. The local traffic condition may create safety issues for clients carrying pets. 

 

There is insufficient nexus between potential pedestrian safety issues and the proposed veterinary establishment.

The proposal would lead to more unauthorised parking in the surrounding areas.

 

There is insufficient nexus between unauthorised parking and the proposed development.

Roscrea Avenue should be closed at the Frenchmans Road intersection or converted to a one-way street in order to minimise traffic conflicts. Additional metered parking should be introduced to the area.

 

This matter is not directly related to the proposed development.

The proposed facility, in particular the overnight kennelling and animal walking services, will result in significant noise emission that adversely impacts on the residential amenity.

 

The proposal does not include any animal walking or general kennelling / boarding services. A specific condition is recommended to only allow boarding of animals following treatment or surgery at the subject clinic.

 

The proposed facility will generate odour from animals, chemicals and waste materials. It is likely that animal defecation would be left on the surrounding footpaths when the premises is in operation.

 

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

Signage should be installed within the premises to ensure that the clients will keep their pets on leashes.

 

A specific condition is recommended to require suitable signage to be installed to request proper control of dogs by owners.

There is sufficient supply of veterinary clinics, pets grooming parlours and pets boarding centres in the locality. The proposed facility will result in commercial competition with the existing establishments.

 

Commercial competition is not considered to be a valid objection on planning grounds.

The proposal is not consistent with the character of the Frenchmans Road local shopping precinct, which contains a range of café and restaurant uses.

 

The proposed facility is located within an established local retail precinct. The site is considered suitable for the proposed development. Refer to the “RLEP 1998” section of this report for details.

 

The proposed facility will employ up to 10 staff and essentially functions as a veterinary hospital, and not a clinic as such. Therefore, the proposed use is not suitable to the 3B Local Business zoning. Additionally, the scale of the operation is not appropriate for the site as it adjoins low density residential 2A zones.

 

The proposed development is defined as a “veterinary establishment” and is a permissible use under RLEP 1998. The proposal is considered to satisfy the relevant provisions of the LEP.

The application does not provide any details relating to the proposed signage.

 

A specific condition is recommended to require a separate approval for any business identification or advertising signs, with the exception of those that fall within the ambit of Council’s Development Control Plan – Exempt and Complying Development.

 

The proposal would lead to decrease in clientele for the local businesses and devaluation of the surrounding properties.

 

These matters are not considered to constitute a valid objection on planning grounds.

The application was not adequately notified to the affected residents and businesses.

 

The subject application has been advertised and notified in accordance with Council’s Development Control Plan – Public Notification of Development Proposals and Council Plans.

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

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

 

Landscape

The only vegetation within the site was observed to be two specimens at the rear, growing within the existing bitumen car park, comprising one Olea europaea (European Olive), of about 10 metres in height which appears in poor health and condition, against the northeast corner of 85 Frenchman’s Road, and one 5-6 metre tall Archontophoenix cunninghamiana (Bangalow Palm), against the northwest corner of 81 Frenchmans Road.

 

Neither are covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location inappropriately close to the existing building, and as such, can be removed as has been shown, in order to maximize the amount of parking spaces available, which is a major component of the proposal.

 

Beyond the front of the site, within Council’s Frenchmans Road footpath, there are two recently planted Magnolia grandiflora ‘Little Gem’ (Dwarf Magnolia’s), of only about 2 metres in height, comprising one near the western boundary of 81 Frenchman’s, and another one in line with the common boundary of 83-85 Frenchman’s.

 

Both the trees and paved footpath were provided as part of a formal strategy to improve the streetscape of this commercial centre, and while all works are restricted to wholly within the site, there is still potential for damage to be sustained to both items during the course of the works, and as such, minimal but appropriate conditions (as well as a monetary bond for compliance), have been included in this report.

 

Parking

There is an existing carpark at the rear of the property that is also shared with shops at 75-81 Frenchmans Road that includes a restaurant. As the proposal will alter the line marking of the existing spaces behind 81-85 Frenchmans Road a plan showing the whole carpark and the proposed new parking spaces & allocation should be submitted. Concern is expressed that the competing demand of these shops have not been considered and the carpark should be considered more holistically.

 

Currently all 6 shops (77-85 Frenchmans Road) are owned by one owner but as the application will likely represent a more intense use of the carpark it will be necessary to formalise the parking arrangements. This is to allow for future change of ownership of any of the six lots. This may be done by creating reciprocal rights of ways over all 6 lots or alternatively consolidating the 6 lots into one. The applicant will need to address this issue to enable adequate assessment of the application.

 

The Gross Floor Area (GFA) of the proposal is 625sqm. Under Councils DCP-Parking 16 car spaces would be required to satisfy the expected parking demand. The proposal will create 12 spaces within the site of 81-85 Frenchmans Road. The deficiency of 4 spaces can be argued to be existing as there is virtually no change in the GFA therefore a parking credit could be applied. A lot of the areas will also be used for storage.

 

Although the area is well served by public transport it is likely that most customers of the proposed veterinary clinic will arrive by car especially for those people with dogs. For this reason it is recommended that more parking than the proposal suggests be allocated to customers. It is suggested that 5-7 spaces be set aside for customer parking while the remainder will be for the staff.  This should however be considered in the context of the initial concern about the adjoining shops competing demands.

 

Additional parking comments

Development Engineering requested more information on the 26th September 2008 regarding the shared parking arrangements for the 6 lots. We are now in receipt of a Parking and Traffic Assessment by Varga Traffic Planning Pty Ltd. This is considered adequate to complete our assessment of the application

 

Development Engineering concerns over the parking arrangements in the application have been addressed in the submitted parking and traffic assessment report and accepts most of its conclusions. A condition that required the clear labelling of the carspaces for the exclusive use of the Veterinary Clinic was included in the memo dated 16th September from Development Engineering. It is also recommended that a sign also be placed at the Frenchman’s Road frontage indicating that parking is available from Roscrea Avenue at rear.

 

On the memo dated 26th September it was suggested to formalize the parking arrangements by creating either reciprocal rights of way over the six lots or alternatively creating a new single lot incorporating all of the six lots by way of a Survey Plan of Consolidation.

 

Conditions have been included in this report requiring this prior to the issue of an Occupation Certificate. There are no other objections from Development Engineering