Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

Tuesday 24 February 2009

 

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

24 February 2009

 

 

 

 

 

 

17 February 2009

 

 

 

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 24 February 2009 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 16 December 2008

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

Mayoral minutes (if any) will be issued and listed in a supplementary agenda.

 

Urgent Business

 

Director City Planning Reports

CP1/09      10-14 Duke Street, Kensington (Deferred)

CP2/09      165A-167B Maroubra Road, Maroubra

CP3/09      Council's Arts and Cultural Advisory Panel - commencement

CP4/09      Reporting variations to Development Standards under State Environmental Policy No. 1 (SEPP 1)

CP5/09      State Environmental Planning Policy (Exempt and Complying Development Codes) 2008

 

General Manager's Reports

GM1/09     Acquisition of land to be incorporated into Arthur Byrne Reserve, Maroubra Beach

GM2/09     Randwick City Council Quarterly Report - December 2008

GM3/09     2009 LGMA National Congress and Business Expo

GM4/09     Affixing of the Council Seal

GM5/09     Internal Audit Committee - Proposed Structure and Functions

GM6/09     Randwick City Council Family Day

 

Director City Services Reports

CS1/09      McNair Avenue, Kingsford - Proposed Footpath

CS2/09      Pioneers Park Expression of Interest

 

Director Governance & Financial Services Reports

GF1/09      Local Government Amendment (Legal Status) Bill 2008 - Implications for Council

GF2/09      Investment Report - November 2008

GF3/09      Investment Report - December 2008

GF4/09      Investment Report - January 2009

GF5/09      2008-09 Budget Review as at 31 December 2008

GF6/09      Disclosure of Interest Returns

GF7/09      Councillor Attendance at Information Sessions, Seminars and Training Courses

GF8/09      Report on planning and tender matters where council has overturned staff recommendations

GF9/09      Review of Delegations of Authority  

 

Petitions

 

Motion Pursuant to Notice

NM1/09     Motion Pursuant to Notice by Cr Belleli - Reducing Pollution from stormwater debris in our Oceans and Beaches

NM2/09     Motion Pursuant to Notice by Cr Belleli - Improving water quality for our beaches

NM3/09     Motion Pursuant to Notice by Cr Belleli - Installation of Traffic Lights corner of Beachamp Road and Perry Street, Matraville

NM4/09     Motion Pursuant to Notice by Cr Belleli - Congwong Beach - funds for cleaning

NM5/09     Motion Pursuant to Notice by Cr Bowen - Allocation of portion of Commonwealth Stimulus Funding toTAFE - Randwick

NM6/09     Motion Pursuant to Notice by Cr Bowen - Announcements re: Alcohol Consumption on Coogee Beach

NM7/09     Motion Pursuant to Notice by Cr Matson - Grant Reserve Pocket Park

NM8/09     Notice of Motion by Cr Matson - Replacement Guttering Complying with the Building Code of Australia

NM9 /09    Notice Pursuant to Notice by Cr Matson - Community Reaction to Last Australia Day Event

NM10/09    Motion Pursuant to Notice by Cr Matson - New Dump of Fill Material on Bundock Street Site

NM11/09    Motion Pursuant to Notice by Cr Matson - Water Bubblers on Coastal Walkway  

 

Confidential

CS3/09      Coastal Walkway Upgrade Clovelly Car Park

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

CS4/09      Footpath Sweeper - Tender T015/08

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

CS5/09      Tender for the provision of building services

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

GF11/09    SSROC Tender for the Provision and Coordination of Temporary Staff

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

  

Notices of Rescission Motions

Nil

 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

24 February 2009

 

 

 

Director City Planning Report No. CP1/09

 

Subject:                  10-14 Duke Street, Kensington

Folder No:                   DA/506/2004/B

Author:                   David Ongkili, Coordinator Major Assessment     

 

Introduction

 

A Section 96(2) Application to modify the approved development (DA No. 506/2004) by creating an additional ground floor apartment, adding loft bedrooms to units 12, 13, 16 and 17, and re-orientating the units 14 and 15 to face east-west, at 10-14 Duke Street, Kensington, was considered by the Council on 25 November 2008. At the meeting, Council resolved that:

 

“this application be deferred to the next council meeting for mediation if possible between the applicant and objectors and to allow councillors to be informed of the overshadowing impact of deleting in whole, or in part, conditions 2 and 3.”

 

Issues

 

A mediation session was held on 18 December 2008 between the objectors and the applicant where the issues of overshadowing and privacy were discussed. The Mediator has advised in a letter to Council that these issues of concern were successfully mediated to the extent that, following the meeting, the parties to the mediation session reached, and executed, an agreement in relation to two areas of concerns as follows:

 

1. “that the applicant is prepared to modify unit No. 12, offending unit, in such a way that it will delete additional shadow effect, which is currently proposed at 10am.”

 

2.       “that highlite windows to the western side of the upper floor bedrooms be installed, as well as privacy screens to be installed to balconies of the upper floors.”

 

Notwithstanding the outcome of the mediation, the applicant has further advised Council in an e-mail on 29 January 2009 that the amendments to the new top floor in the proposal (that is the additional loft bedrooms to units 12, 13, 16 and 17, and re-orientation of the units 14 and 15 to face east-west) are no longer being sought and, accordingly, withdrawn from the Section 96 application. This advice of 29 January 2009 from the applicant essentially eliminates two primary concerns relating to the Section 96 application as raised in the report to Council on 25 November 2008 which are as follows:

 

1.  It removes the concern that the proposed modifications are substantially different from that originally approved where the proposed additional floor level would have resulted in an excessively high building that would have been visually intrusive in the context of existing adjoining and surrounding development and in overshadowing of the adjoining property.

 

2.  It removes the concern that the proposed east-west re-orientation of Units 14 and 15 will result in overlooking of 16 Duke Street from the second floor balconies of these re-orientated units.

 

Additionally, the applicant has requested that Council proceed to assess and determine the remaining (internal) modifications to the Section 96 (that is, the proposed conversion of the ground floor three bedroom dwelling Unit No. 1 into two one-bedroom dwelling units). An assessment of this internal modification to unit No.1 indicates that the changes are reasonable and acceptable for the following reasons:

 

·      The changes to unit No. 1 will not increase the approved footprint or envelope of the proposed development which therefore will not alter the overall approved floor area of the development.

 

·      The changes to unit No. 1 involve minor reconfiguration of existing approved windows on the ground level with no new windows being introduced. As such, there will be minimal amenity impact in terms of privacy.

 

·      The new dwellings, Unit 1 and 1A, will have floor areas of approximately 70.2 sqm and 63.5 sqm respectively with access to individual courtyard areas which are consistent with the provisions for dwelling sizes under the Residential Flat Design Code.

 

·      The changes to unit No. 1 will not increase the approved footprint or envelope of the proposed development and are confined to the ground floor so that no additional overshadowing impact will arise.

 

·      The carparking shortfall resulting from the additional two bedroom dwelling (2 carspaces inclusive of visitor carparking) is considered minor and acceptable as the shortfall can be readily off-set by the availability of existing public bus services in the locality and will not impinge upon the existing availability of on street carparking in Duke Street and other nearby streets.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:       Excellence in urban design and development.

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

Outcome 11:      A healthy/sustainable environment.

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

Notwithstanding a mediation session between objectors and the applicant, the applicant has withdrawn the portion of the section 96 application relating to the proposed additional top floor level from the subject application. The remaining changes relating to the reconfiguration of Unit No 1 on the ground floor is considered reasonable and acceptable.

 

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

 

In view of the above, it is recommended that the section 96(2) application as amended by the applicant on 29 January 2009 be approved.

 

 

 

 

Recommendation

 

That Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/506/2004 for the demolition of existing buildings on the site and construction of a new 4 storey multi unit housing development comprising 10x1, 6x2 and 1x3 bedroom dwellings and basement carparking for 24 cars at 10-14 Duke Street, Kensington, in the following manner:

 

1.         Amend Condition  No. 1 to read:

 

1.       The development must be implemented substantially in accordance with Revision C of the plans numbered Job No. 0343 and drawing numbers C01-C09, dated 01/12/04 in the amendments box and stamped received by Council on 1 December 2004, the application form and on any supporting information received with the application, as amended by the Section 96 plans dated 23 September 2005 and received by Council on 13 September 2006, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, and as amended by the Section 96(2) plan, Sheet No. 2A, Job No. 0532, dated 23/09/2005 received by Council on the 28 April 2008 only in so far as they relate to the modifications highlighted on the Section 96 plan and detailed in the Section 96 application, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

24 February 2009

 

 

 

Director City Planning Report No. CP2/09

 

Subject:                  165A-167B Maroubra Road, Maroubra

Folder No:                   DA/503/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a 7-storey mixed use building comprising 22 x residential apartments, 4 x retail / commercial suites and basement car park for 43 vehicles, site landscaping, fencing and associated works.

Ward:                      Central Ward

Applicant:                Fox Johnston

Owner:                         Dealruby Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Ordinary Council Meeting for determination as it has an estimated total development cost of more than $2 million.

 

The subject application is for demolition of the existing structures on site and construction of a 7-storey mixed use building comprising 22 x residential apartments, 4 x retail/commercial suites and basement car parking for 43 vehicles, site landscaping, fencing and associated works.

 

The subject site has dual frontages to Maroubra Road and Robey Street with a land area of 752.8m2. The site is currently occupied by a single-storey retail complex consisting of 4 shops with car parking at the rear.

 

The subject application was advertised and notified from 6 to 20 August 2008 in accordance with the Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. The application was re-advertised and re-notified from 19 November to 19 December 2008 following the receipt of amended plans. A total of 19 submissions (11 support and 8 object to the proposal) were received at the conclusion of the above public consultation procedures. The issues raised in the submissions are in relation to streetscape, building height, bulk and scale, solar access, privacy, traffic congestion and reduction in property values.

 

The site is identified as being within Zone No. 3A (General Business Zone) and the Maroubra Junction Town Centre under Randwick Local Environmental Plan (RLEP) 1998. The proposal is consistent with the zoning objectives and aims of the LEP.

 

The proposal has a height of 7 storeys and 22.45m as measured from the ground level to the underside of the ceiling of the topmost floor, and exceeds the numerical standard stated in RLEP 1998. The applicant has submitted an objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the breach will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed and is supported.

 

The Maroubra Junction Town Centre Development Control Plan specifies detailed built form, setbacks, landscaping, privacy and solar access controls for developments within the Town Centre precinct. The proposal does not comply with the maximum building envelope prescribed in the DCP. However, the development scheme has a height and scale, which are compatible with the emerging character of the Town Centre. The design has also incorporated appropriate measures to minimise the visual scale and bulk of the structures, despite the deviations from the required building envelope.

 

The expected shadows generated by the proposed development are commensurate with those of the previous Development Consent No. 1210/2002 for the site. The breaches against the building height standard and maximum envelope are not considered to significantly exacerbate the extent of shadowing, which Council previously established as being acceptable.

 

The proposed car parking provision within the development complies with the controls contained in Council’s Parking DCP.

 

The proposed works will require a de-watering permit under Part V of the Water Act 1912 from the NSW Department of Water and Energy for the basement construction. General Terms of Approval have been granted by the Department pursuant to the Integrated Development provisions of the Environmental Planning and Assessment Act 1979.

 

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

 

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

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 12 in DP 844529, No. 165A – 167B Maroubra Road, Maroubra. The site is located at the south-eastern corner of the junction between Maroubra Road and Robey Street, and presents a trapezium shape in plan view. The site has a flat terrain with a cross fall of approximately 1.16m (from RL 26.47m at the south-eastern corner to 25.31m at the north-western corner). The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, Maroubra Road boundary

18.1m

 

Western, Robey Street boundary

44.425m

 

Street corner splay

1.14m

 

Eastern, side boundary

38.745m

 

Southern, side boundary

17.905m

 

 

 

752.8m2

 

At present, the site is occupied by a single-storey retail complex consisting of 4 shops with at-grade car parking to the rear accessible from Robey Street.

 

The site is adjoined to the east by a double-storey retail and office building of brick construction (Nos. 169 and 171 Maroubra Road). Immediately adjoining the site to the south are two single-storey detached dwellings of fibro and tiled roof construction (Nos. 1 and 3 Robey Street). Further to the south is an Energy Australia sub-station (No. 5-17S Robey Street). At the south-western corner of the Robey Street and Maroubra Road junction is a single storey detached dwelling of brick and tiled roof construction (No. 2 Robey Street), which is classified as a heritage item under Randwick Local Environmental Plan 1998 (Inventory No. 382 – post-war style residence). To the south of the above property is a double-storey attached dual occupancy of rendered brick and tiled roof construction (Nos. 4 and 4A Robey Street).

 

Maroubra Road contains a mixture of retail, commercial and multi-unit residential developments. Areas to the east and south of the site on the southern side of Maroubra Road are predominantly characterised by lower density detached and semi-detached dwelling houses. The locality is currently under transition where the older building stock along Maroubra Road is being replaced by high-rise mixed use developments.

 

 

Figure 1 The existing development on the subject site as viewed from the opposite side of Maroubra Road

Figure 2 The rear parking area of the existing development on site

 

Figure 3 The local heritage item at No. 2 Robey Street

Figure 4 The Robey Street elevation of the existing building on site; the more recent Pacific Square mixed commercial and residential development is seen in the background

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of all existing structures on site.

 

·      Construction of a 7-storey mixed residential and commercial / retail building comprising 22 apartment units, basement car parking for 43 vehicles, site landscaping, fencing and stormwater infrastructure.

 

·      A description of the floor by floor land use is provided below:

 

Basement level 3:     car parking for 17 vehicles and storage for 7 bicycles

Basement level 2:     car parking for 13 vehicles and storage for 7 bicycles

Basement level 1:     car parking for 13 vehicles, storage for 7 bicycles and garbage room

Ground level:                   4 x commercial / retail suites (total floor area of 322m2), amenities and landscape podium

Level 1:                          1 x 3-bedroom unit, 3 x 2-bedroom units and landscape courtyard

Levels 2 – 5:           1 x 3-bedroom unit and 3 x 2-bedroom units

Level 6:                  1 x 3-bedroom unit, 1 x 1-bedroom unit and communal rooftop terrace

 

4.      Site History

 

4.1    Plan amendments

On 22 September 2008, a meeting was held between the applicant and Council’s assessment officers to discuss issues relating to the proposal, including building height, bulk and scale, setbacks, communal open space provision, car parking and loading facilities.

 

The application included a Preliminary Geotechnical Investigation report, project number 45675, dated July 2008 and prepared by Douglas Partners. The report did not provide conclusive information for determining whether the proposed excavation works relating to the basement car park would have an impact on the ground water underneath the site. This is due to the fact that thorough bore hole testing cannot be undertaken until such time when the existing building structures are demolished.

 

Any de-watering activity as part of the construction works may render the proposal an Integrated Development under Section 91 of the Environmental Planning and Assessment Act 1979 and the licensing provisions contained in Part V of the Water Act 1912. It was therefore advised at the meeting that the amended development scheme would need to be re-advertised and re-notified as an Integrated Development, and referred to the Department of Water and Energy for comments.

 

On 14 October 2008, the applicant was requested to submit shadow diagrams in both plan and elevation views to depict the anticipated impacts on a probable redevelopment at Nos. 1 and 3 Robey Street on the winter solstice. The requested documentation was received on 15 October 2008.

 

On 16 October 2008, a further request was sent to the applicant to require a comparative study between the potential impacts generated by the current proposal and the previous approved development scheme. The requested information was received on 21 October 2008.

 

Revised drawings were submitted to Council on 7 November 2008, which included the following key design amendments:

 

·      Reduction of the floor plate of level 6 (top level), where the proposed southern 3-bedroom unit is reconfigured to a 1-bedroom unit, with the south-eastern section being converted to a communal terrace.

 

·      Increase of southern setbacks for the typical residential floors (except the top floor level) from 6.5m – 9m to 7.5m – 10m.

 

·      Reconfiguration of the car park access ramp to allow a future branch off to form a right of carriageway benefiting the adjoining properties to the east.

 

The above amended scheme forms the subject of this assessment.

 

4.2    Previous development consent relating to the site

1210/2002

Demolition of the existing single-storey commercial premises on site and construction of a 7-storey mixed commercial and residential building comprising 3 x shops fronting Maroubra Road and 1 x commercial suite fronting Robey Street at ground level, 21 x apartments and basement car parking with access from Robey Street.

 

The application was refused by Council at its Health, Building and Planning Committee meeting on 10 August 2004.

 

An application pursuant to Section 82A of the Environmental Planning and Assessment Act 1979 was subsequently made to request a review of Council’s decision to refuse the original development proposal. The applicant made the following revisions to the development scheme for the purposes of the review:

 

- Reduction of the building height from 7 to 6 storeys.

- Deletion of the balconies to the rear of the building to increase the southern setback to 10m.

- Reduction of 1 apartment unit and amendments to the dwelling mix.

 

The Section 82A Review application was approved by deferred commencement by Council at its Health, Building and Planning Committee meeting on 9 August 2005.

 

The applicant had submitted additional details, which satisfied the deferred commencement conditions and the consent became operable as of 25 January 2006. No further actions in relation to the consent were undertaken to date.

 

5.      Community Consultation

 

5.1    First notification

The subject application was advertised and notified from 6 to 20 August 2008 to 352 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

Support

·      45/108 Boyce Road, Maroubra

·      102 Garden Street, Maroubra

·      23 Kantrill Avenue, Maroubra

Object

·      3 Robey Street, Maroubra

·      4 & 4A Robey Street, Maroubra (accompanied with a report prepared by Design Collaborative Pty. Ltd.)

·      6 Robey Street, Maroubra

·      8 Robey Street, Maroubra

·      5 Walsh Avenue, Maroubra

 

5.2    Second notification

The application was readvertised and renotified from 19 November to 19 December 2008 as an Integrated Development in accordance with the Development Control Plan following receipt of amended drawings. The following submissions were received at the conclusion of the public consultation process:

 

Support

·      2 x Anonymous submission, address withheld

·      PO Box 396, Maroubra

·      63 Boyce Road, Maroubra

·      102 Boyce Road, Maroubra

·      45/108 Boyce Road, Maroubra

·      99 Hannan Street, Maroubra

·      30/95-97 Mason Street, Maroubra

·      1/2 Unsted Crescent, Hillsdale

Object

·      Anonymous submission, address withheld

·      180 Fitzgerald Avenue, Maroubra

·      4 and 4A Robey Street, Maroubra

 

5.3    Submission Issues

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development will unreasonably overshadow the surrounding residential properties.

 

The proposal will also overshadow the stained glass and clerestory windows of the church building at No. 8 Robey Street and adversely affect the operation of morning worship services.

The expected shadow impacts of the development are considered to be reasonable.

 

It is noted that the proposed development will impact on multiple properties at 9am, 12noon and 3pm on 21 June. However, given the north-south orientation of the subject site, the shadows will be gradually shifted so that the proposal will not impact on the properties to the east (commercial premises fronting Maroubra Road) and west (dwellings and church premises along Robey Street) for more than 3 hours between 9am and 3pm on the winter solstice.

 

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

The proposal will unreasonably overlook the nearby residential properties due to its excessive height, insufficient setbacks and inadequate provision of landscape planting.

It is considered that the proposal has incorporated suitable design measures to minimise privacy impacts on the surrounding properties. Refer to the “DCP” section of this report for details.

The proposal will create a wind tunnel effect in the surrounding streets.

There is no evidence to suggest that the proposed development will significantly increase wind velocity in the surrounding areas.

The proposed development is of an excessive height and bulk, and fails to provide an appropriate transition in scale from the town centre to the lower density residential areas.

The proposal is considered to be of a suitable height and scale.

 

The proposal has a total height of 7 storeys. However, the top floor level is stepped in from the external wall alignments below. The topmost storey has a configuration that resembles habitable roof space and presents a clear contrast from the hard edged block form below. This design treatment will reduce the apparent scale of the building.

 

It is considered that the development scheme has a height and scale, which are compatible with the emerging character of the Town Centre.

 

Refer to the “SEPP 1” section of this report for details.

The DCP envisages a 5-storey building at Nos. 1 and 3 Robey Street to the south of the site. The proposed variations to the height and setback controls on the subject site, combined with the future development on the above mentioned adjoining property, would result in adverse cumulative visual impacts.

The proposal is considered to be of a suitable height and scale. Refer to the “SEPP 1” section of this report for details.

 

The design of a future development on the adjoining site at Nos. 1 and 3 Robey Street will be assessed as part of a separate development application.

The proposal does not provide sufficient communal open space to satisfy the recreational needs of the occupants. There is a lack of deep soil planting to screen the building structures from view from the surrounding properties.

The proposal satisfies the communal open space requirements stipulated in the DCP. The development is considered to have provided adequate landscape planting within the development.

The proposed development has an excessive visual mass and is incompatible with the streetscape.

The proposal is considered to be satisfactory having regard to building scale, massing and streetscape presentation. Refer to the “SEPP 1” and “DCP” sections of this report for details.

The DCP encourages the amalgamation of a development site with the adjoining allotments in order to avoid adverse impacts on the development potential of any nearby properties.

 

The submitted Statement of Environmental Effects indicates that amalgamation with the adjoining site at No. 169-171 Maroubra Road cannot be achieved, as the latter property has been Strata subdivided. An investigation into the land titles records suggests that this is not the case.

 

The applicant has not provided any substantive evidence that an approach has been made to the adjoining property owners for possible amalgamation.

The subject site has dual frontages to Maroubra Road (18.1m) and Robey Street (44.425m). Vehicular access is obtained from Robey Street away from the road intersection. The site has sufficient dimension and size to accommodate the proposed building structures, whilst minimising adverse environmental impacts on the surrounding areas. The proposal therefore satisfies the performance criteria under Section 3.1.1 of the DCP.

The subject site in itself is considered to be suitable for a mixed use development. Refer to the “DCP” section of this report for details.

The proposal will introduce a significant level of traffic to Robey Street. The proposed one-way traffic movements along the basement access ramps will result in cars queuing up on Robey Street, and adversely impact on the safety of pedestrians and vehicles.

The proposed traffic and parking arrangements have been assessed by Council’s Development Engineers, who raised no objections subject to the recommended conditions.

The proposal does not provide sufficient on-site parking and will reduce kerb side parking in the surrounding streets.

The proposal satisfies the car parking requirements stipulated in the Parking DCP.

The application does not address the significance of the heritage item at No. 2 Robey Street.

Due to the extent of spatial separation between the site and the heritage item, and the fine grained articulation of the proposed building, the development is not considered to result in detrimental impacts on the heritage significance of No. 2 Robey Street.

 

The proposal is considered satisfactory having regard to the heritage conservation provisions contained in RLEP 1998.

The proposed development will lead to a large number of garbage bins being left on the street and adversely impact on the streetscape amenity.

The proposed waste management arrangement has been assessed by Council’s Development Engineers, who raised no objections subject to conditions.

The public footpaths adjacent to the site should be upgraded.

The upgrading of the footpaths adjacent to the site will be required via a specific condition of consent.

Insufficient properties have been notified during the public consultation process.

The subject application has been advertised and notified to the neighbourhood in accordance with DCP – Public Notification of Development Proposals and Council Plans.

The proposal contains multiple breaches against Council’s controls in relation to building height, front and rear setbacks, communal open space provision and deep soil planting. The significant departure from the above planning provisions is unjustified.

The proposal is considered to satisfy the objectives and performance requirements of Council’s controls. Refer to the body of this report for details.

Any approval of the subject application will establish an undesirable precedent for similarly scaled developments in the future.

Any future development proposals in the locality will be subject to detailed assessment under separate development applications. The approval of the subject proposal will not establish an undesirable precedent for Council’s assessment of mixed use developments in the area.

The proposal would reduce the market values of the surrounding properties.

Fluctuations in market values of properties are not considered to be a valid objection on planning grounds.

 

6.      Technical Officers Comments

 

6.1    Building Surveyor

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

 

The Proposal

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new 7 storey mixed residential and commercial development.

 

BCA Building Classification

Class        - 5/6 (Retail/Shops)

Class - 2    (Residential units)

Class        - 7a  (Carpark)

 

Background

The existing buildings on site are post war shops bounded by buildings of a similar nature.

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

 

Access for people with a disability:

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 basement car park, the ground floor shops, an adaptable housing unit 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.

 

Standard conditions should be included to address these requirements.

 

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

 

6.2    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 below:

 

Landscape Comments

On Council’s Robey Street nature strip, near the intersection of Maroubra Road, there is one Banksia integrifolia (Coastal Banksia) of approximately 5-6 metres in height, as well as two Cupaniopsis anacardiodes (Tuckeroo’s) of about 4-5 metres in height further to the south, and one Banksia integrifolia (Coastal Banksia) on the southern side of the existing vehicle crossover.

 

All four trees appear in reasonable condition and are deemed to provide a positive contribution to the streetscape as they complement existing plantings of the same species on both sides of this street, and as they are located on Council property, fall under the provisions of Council’s Tree Preservation Order.

 

As such, a relevant condition has been included requiring the applicant to cover Council’s costs for removal, replacement and loss of amenity, as well as the requirement to submit a separate design for both site frontages in accordance with Council’s guidelines for the Maroubra Junction Commercial Centre.

 

Within the site, along the southern boundary, there is a row of three Corymbia maculata (Spotted Gums) varying in height between 8-11 metres, the eastern most tree being the largest, as well as one Castanospermum australe (Blackbean) of approximately 7 metres in height, just to the west of the largest Spotted Gum.

 

All four trees are growing within a narrow garden strip, almost hard up against an existing brick wall which runs along the length of the common boundary with 1 Robey Street, with a concrete carpark occupying the area immediately to the north of these trees.

 

The Blackbean appears in good condition, with its low branching habit providing effective screening between this site and the adjoining residential property to the south, 1 Robey Street, with the three Gums performing more of an amenity function due to their larger size and higher canopy cover which softens the effects of the surrounding built forms.

 

The three Gums are displaying signs of stress (as evidenced by large wounds and sap), due to the damage being caused near their bases by parking vehicles, with the plans showing the southern wall of the proposed excavated basement carpark being constructed a distance of 2-2.5 metres off the southern boundary, within their driplines, and very close to their trunks.

 

Excavation to the required depth at such close proximity would inevitably result in the loss of about 30-35% of each trees root plate, which is regarded as a borderline amount for the retention of these species. Given the presence of the existing wounds and signs of stress the three Gums are already exhibiting, plus the additional impact of this proposed work on all four of these trees health, condition and long term viability, removal is seen as the most practical course of action in this instance.

 

As such, a relevant condition has been included granting consent for the removal of these four trees subject to replacement canopy cover and screen planting being provided in the deep soil zone along the southern boundary of the site.

 

Drainage Comments

 

On site stormwater detention is required for this development.

 

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.

 

Groundwater Comments

Detailed ground water conditions have been included within this report. If any temporary dewatering of the site is required to facilitate construction of any part of the lower basement carpark a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works.

 

The application has been referred to the Department of Water and Energy as integrated development. The Planning Officer is to ensure that all comments/conditions provided by the Department of Water and Energy are incorporated into the development approval.  Note a condition requiring the applicant to obtain a license from the DWE and to comply with the DWE’s General Terms of Approval has been included within this report.

 

Any proposed dewatering of the site that requires discharge into Council’s stormwater system external to the site will require approval from Council under Section 138 of the Roads Act. A condition addressing this issue has been included within this report.

 

Traffic Comments

The expected peak flow volume of approximately 15 vehicles per hour is considered low and no delays should be experienced in Maroubra Road or Robey Street as a result of this development.

 

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 internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

Parking provision –

The applicant proposes construction of 22 units.

The unit mix is as follows:

 

6 x 3 bedroom:   9 spaces

15 x 2 bedroom: 18 spaces

1 x 1 bedroom:   1 space

visitor spaces:           5.5 spaces

 

Retail Area 320 m2:    8 spaces

 

Total Spaces required 42, spaces provided 43 therefore the application complies with relevant provisions of the DCP-Parking

 

Carpark layout -

The internal ramps connecting the ground floor with the basement 1 carpark area and connecting the basement 1 carpark, basement 2 carpark and basement 3 carpark areas are only designed for one way circulation. For any development of this size it would be desirable to have 2 way circulation however the site is relatively tight and the application would comply with the relevant provisions of AS 2890.1-2004.

 

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 Maroubra Road and Robey Street to the underside of the proposed awnings shall be 3.0 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

The minimum clear distance from the existing footpath in Maroubra Road and Robey Street to the underside of any proposed under awning sign shall be 2.6 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.

 

Comments on Future Right of Way into 169 Maroubra Road.

The application identifies a potential future vehicular link into 169 Maroubra Road from the development site. The driveway ramp appears suitable in terms of gradients to provide satisfactory access to the adjacent site however it must be noted that the internal ramps within the development site are only suitable for one way movements and vehicle numbers for any future development within 169 Maroubra Road are unknown at this stage.

 

A condition relating to the structural design of the section of wall that would require removal, should a future vehicular link be provided, has been included within this report.

 

6.3    Randwick Waverley Design Review Panel

The subject application has been referred to the Design Review Panel for assessment. Refer to the “SEPP 65” section of this report for details.

 

6.3    NSW Police – Eastern Beaches Local Area Command

The subject application has been referred to the NSW Police Eastern Beaches Local Area Command for assessment. The development is identified to carry a moderate crime risk under the Crime Prevention Guidelines. The relevant crime prevention measures recommended by the Police have been incorporated in the “Recommendation” section of this report.

 

6.4    NSW Department of Water and Energy

The subject application has been referred to the NSW Department of Water and Energy for assessment pursuant to Part V of the Water Act 1912. The comments provided are extracted below:

 

The Department has determined that a Licence under Part V of the Water Act 1912 is required in relation to this development.  The enclosed attachment is the Department’s General Terms of Approval (GTAs).  They are the conditions under which the Department would, in principle, accept the proposed development activity.

 

Please note that the Department will not allow any proposal that requires permanent or semi-permanent pumping of the groundwater to protect the building.  Therefore any proposal must ensure that the design of the building will not require this style of facility or activity.  To comply with this requirement, the construction of the basement, or any structure that may be impacted by groundwater, will require a water proof retention system (i.e. a fully tanked structure) with an adequate provision for future fluctuations of the watertable level.

 

Some requirements, although not directly related to the issuing of a Water Licence can have impacts upon the proposal, such that the project may need to be modified.

 

The Department recommends that Council give a staged consent to enable the issues identified in the GTAs to be fully investigated and assessed by independent, suitable qualified people in the required specialist fields. It is suggested that consent be structured as two stages:

 

Stage 1, corresponding to the demolition of existing buildings and clearing of the surface of the site.  The Department does not have a role in licensing these activities where they do not impact on groundwater.  However, clearing of the site may be the only means by which access can be gained to install groundwater monitoring bores to address the Department’s GTAs.  The technical documentation required by the GTAs must be provided to the Department prior to the commencement of Stage 2, at the time of application for a Water Licence for temporary construction dewatering.

 

Stage 2, comprising excavation at the site and construction of the proposed development.  The Department recommends that any consent has a condition that requires the proponent to present proof of receiving the Water Licence to the Private Certifying Authority, before any Construction Certificate is issued at the commencement of Stage 2.  The reason for this is that no works that can impact upon groundwater can commence before a licence is obtained.

 

However, if a staged consent is not desirable to Council, then it is strongly recommended that the issues described in the GTAs are addressed by the applicant and assessed by Council before any consent is given.  These issues have the potential to adversely impact upon any proposal and must be adequately addressed.

 

 

Comments:

The Department’s recommendation on staging the consent is incongruous with Council’s legal obligations. The applicant has not sought a staged consent and Council is prohibited from imposing staging by Section 83B(2) of the Environmental Planning and Assessment Act.

 

Nevertheless, an ordinary consent (as recommended) would allow demolition work and the necessary ground water investigations before a Construction Certificate is issued for the excavation and construction. The applicant may wish to enact the consent in this manner.

 

It is the Assessment Officer’s view that the dewatering requirements are not prohibitive to the development. While further exploration of the ground water conditions may result in the need for more expensive engineering in the basement levels, the development could still be carried out as planned.

 

7.      Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 752.8m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The site is identified as being within Zone No. 3A (General Business Zone) and the Maroubra Junction Town Centre under Randwick Local Environmental Plan 1998. The proposal incorporates residential apartments and retail / commercial suites, which are permissible under the 3A zoning with development consent. The proposal is considered to be consistent with the zoning objectives in that:

 

·      The development will reinforce the vibrancy of the Maroubra Junction Town Centre by introducing residential, retail and commercial uses in close proximity to public transport and local services.

 

·      The development will provide activation and casual surveillance of Maroubra Road and the surrounding public domain.

 

·      The development will deliver a mixture of dwelling sizes to satisfy the needs of different households.

 

·      The proposed built form is suitably configured and articulated to minimise adverse amenity and visual impacts on the surrounding properties.

 

The following clauses of the LEP apply to the proposal:


 

Clause

Required

Proposed

Compliance

22 Services

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

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

Complies, subject to conditions

40 Excavation and filling of land

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

 

The proposal requires significant excavation to accommodate 3 levels of basement car park. Specific conditions are recommended to ensure that suitable retaining walls and protection measures are provided during works on the site. The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

Complies, subject to conditions

42D Maroubra Junction Town Centre

(1) Objectives

 

 

 

a) To achieve high quality design in all new developments

The proposal is considered to deliver a high quality built form that improves the streetscape of Maroubra Road and Robey Street.

Complies

 

b) To encourage a vibrant and active town centre

The proposal will introduce residential, retail and commercial uses that provide activation of the town centre precinct.

Complies

 

c) To provide for residential development that complements the primary business function of the town centre

The proposal incorporates ground level retail / commercial suites with apartment units above. The proposed land uses will introduce a resident and employee population that reinforces the vibrancy of the town centre.

Complies

 

d) To encourage a variety of housing forms

The proposal includes 1-, 2- and 3-bedroom units, which will cater for different household needs in the area.

Complies

 

e) To ensure that social and cultural needs are considered

The proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the visual character of the Maroubra Junction Town Centre.

 

Awnings are provided on the Maroubra Road and Robey Street frontages, which will ensure the comfort and amenity of pedestrians.

Complies

 

f) To facilitate the provision of vehicular access

The development has incorporated suitable on-site parking and access facilities.

Complies

 

g) To ensure that public transport is promoted

The proposal will introduce residential and commercial uses in close proximity to public transport services along Maroubra Road and Anzac Parade.

Complies

 

h) To require environmentally sustainable approaches to future development

The proposed design has maximised use of natural lighting and cross-ventilation, and has incorporated features that reduce energy consumption.

Complies

 

i) To improve the overall environmental quality of the town centre

The proposed development is suitably proportioned and articulated and is satisfactory in urban design terms.

Complies

 

(4)-(6) Maximum number of storeys

6 storeys /

21m from ground level to underside of ceiling of the topmost floor

7 storeys / 22.45m

Does not comply, a SEPP 1 Objection was submitted

46 Development in the vicinity of heritage items, heritage conservation areas and known or potential archaeological sites

Council to consider the likely effect of the proposed development on the significance of the heritage item, heritage conservation area or known or potential archaeological site and on its setting.

 

 

 

No. 2 Robey Street is listed as a heritage item under RLEP 1998, Inventory No. 382.

 

The Randwick Heritage Inventory Report provides the following description of the item:

“Outstanding post-war style. Forms good pair with adjoining house on Walsh Avenue. Typical period features are stepped brickwork on gable overhangs, terra-cotta tiling, textured brick and decorative use of brickwork. Of special note is unusual leadlight glazing, simple design with small coloured panes. Virtually intact down to fence and typical front garden.”

 

The subject site is separated from the heritage item by Robey Street, which is a local road of approximately 8.2m in width. The nature strips on either side of the street are approximately 3.7m to 4.5m in width.

 

The proposed development does not share any boundary with the heritage item in question. The facades of the proposed building are suitably articulated and incorporate neutral coloured finishing materials.

 

Given the spatial separation from the heritage item and the fine grained architectural detailing of the building, the proposed development is not considered to detract from the significance of the heritage item or its curtilage.

 

Complies

 

8.2    Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The proposed development is considered to be consistent with the general aims and objectives of the Draft LEP.

 

8.3    State Environmental Planning Policy (SEPP) No. 1 – Development Standards

The proposal seeks to vary a development standard contained within RLEP 1998. A SEPP 1 Objection has been submitted with the development application. In assessing the applicant’s SEPP 1 Objection, the following matters are addressed:

 

8.3.1          Whether or not the planning control is a development standard?

The proposal seeks variation to the following controls contained in RLEP 1998:

·      Clause 42D(4) and (5): Maximum 6 storeys and 21m from ground level to the underside of ceiling of the topmost floor

 

The above provision is a numerical development standard contained in the statutory plan.

 

8.3.2          What are the underlying objectives or purpose of the standard?

The purpose of the development standard is explained in the Objectives for Block 9 under Part 3.2.9 of the Maroubra Junction Town Centre DCP, being:

 

·      Reinforce Maroubra Road as the primary cross street.

·      To encourage a mix of commercial / retail uses within the retail core area.

·      Provide a transition in scale from the town centre along Ferguson Street and Robey Street to the lower scale residential buildings on the periphery.

 

8.3.3          Consistency of the development with the aims of SEPP 1, the local planning objectives for the locality and objects of the Environmental Planning and Assessment Act 1979, as amended

 

The aims and objectives of SEPP 1 are:

 

Clause 3

To provide flexibility in the application of planning controls operating by virtue of development standards in circumstances where strict compliance with those standards would, in any particular case, be unreasonable or unnecessary or tend to hinder the attainment of the objects specified in Section 5(a)(i) and (ii) of the Act.

 

The aims and objects of Section 5(a)(i) and (ii) of the Environmental Planning and Assessment Act 1979 are:

 

“To encourage:

(i)       The proper management, development and conservation of natural and artificial resources, including agricultural land, natural areas, forests, minerals, water, cities, towns and villages for the purpose of promoting the social and economic welfare of the community and a better environment.

(ii)      The promotion and coordination of the orderly and economic use and development of land.”

 

The variations from the aforementioned control are not inconsistent with the aims of SEPP 1 as they would not detract from the objects of the Environmental Planning and Assessment Act embodied in Section 5(a)(i) and (ii). Specifically, the resultant development would promote the orderly and economic use of the land, and would not result in significant adverse environmental or social impacts.

 

The proposal is also consistent with the relevant objectives of Zone No. 3A (General Business Zone) in that the development will deliver a mixed use building of suitable form and configuration, which reinforces the vibrancy of the Town Centre whilst minimising adverse environmental impacts on the surrounding lower density dwellings.

 

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

Pursuant to Clause 42D(4) and (5) of the LEP, the permissible maximum number of storeys and building height are 6 storeys and 21m to the underside of the ceiling of the topmost floor respectively.

 

The proposed development has 7 storeys with a height of 22.45m to the underside of the ceiling of the topmost floor. The proposal will exceed the development standard by 1 storey and 1.45m.

 

It is considered that the proposal is satisfactory and compliance with the development standard is unreasonable and unnecessary based on the following reasons:

·      At present, the streetscape of Maroubra Road is under transition where the older building stock is being replaced by high-rise mixed use developments. In particular, the western-most block of the development at the corner of Maroubra Road and Anzac Parade, commonly known as “Pacific Square”, at No. 142 Maroubra Road, is 10 storeys in height.

 

The subject site is located at the south-western periphery of the Maroubra Junction Town Centre, and is envisaged in the DCP to contain developments with a transitional scale to the nearby low-rise dwelling houses. The proposal is 7 storeys in height, where the topmost floor is stepped in from the external wall alignments below. The topmost storey has a configuration that resembles habitable roof space and presents a clear contrast from the hard edged block form of the levels below.

 

It is considered that the development scheme has a height and scale, which are compatible with the emerging character of the Town Centre. The proposed design has adequately addressed the lower building scale of the residential dwellings to the south and east of the site.

 

·      The design scheme has incorporated appropriate measures to minimise the visual scale and bulk of the structures, despite non-compliance with the building height standard. The facades are highly articulated with recessed balconies, louvre screening devices and a combination of surface finishes on all elevations, which create visual interest. The ground floor awnings extend across both street frontages, which in conjunction with the horizontal emphasis of the window configuration, promote a sense human scale for the building.

 

The Robey Street elevation of the pedestrian entry and lift lobbies above is characterised by clear glazing that splits the solid building mass into two. The above design treatment will minimise the scale of the structures as viewed from the secondary street frontage.

 

Overall, the architectural expression of the proposal is considered to carry satisfactory design merits and should be supported.

 

·      The revised proposal has reduced the footprint of the top floor level (level 6). The original floor space at the south-eastern section of the topmost storey has been deleted and replaced by a landscaped communal terrace.

 

The amended shadow diagrams clearly demonstrate that the expected shadow impacts are commensurate with those of the approved proposal under Development Consent No. 1210/2002. The breaches against the building height standard are not considered to significantly exacerbate the extent of overshadowing, which Council previously established as being acceptable. The 1.45m increase in building height is not considered to result in a material difference in shadow impacts on the surrounding areas.

 

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

 

8.3.5          Is the objection well founded?

 

The key arguments presented in the applicant’s SEPP 1 Objection are extracted as follows:

 

·      The Draft SEPP 1 requests demonstration that the development is a better development due to the height variation. Given that there are no adverse privacy, overshadowing or view loss issues and that the development will significantly improve the streetscape, the proposal is considered to be in the public interest.

·      The proposed development is similar in bulk and scale to previously approved Development Application as the additional level is recessed and is not prominent.

·      The additional storey / 1.45m is not responsible for any adverse streetscape impacts. The Maroubra Road and Robey Street elevations demonstrate that the additional height is provided in a recessed and subservient manner. The metal cladded walls from a roof-like appearance which differentiates them from the more solid masonry walls of the main building form.

·      The additional height is appropriately setback from the southern perimeter to limit the effect of overshadowing associated with the additional storey.

·      The additional height is not responsible for any adverse amenity impacts to surrounding neighbours in regards to overshadowing, privacy, loss of outlook or views.

 

The submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standard, the local planning objectives for the locality and objectives of the Act. As such, it is considered that the objection is well founded.

 

8.4    State Environmental Planning Policy (SEPP) No. 55 – Remediation of Land

SEPP No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been used continuously for retail purposes for a prolonged period and is not considered to carry contamination potential. Accordingly, the site is considered suitable for the proposed land use.

 

8.5    State Environmental Planning Policy (SEPP) No. 65 – Design Quality of Residential Flat Development

SEPP No. 65 applies to the subject proposal. The application is accompanied by a design verification statement prepared by the architect that justifies consistency of the development with the 10 Design Quality Principles under the SEPP. The application has been reviewed by the Randwick Waverley Design Review Panel. The comments provided are extracted below: 

 

Principle 1: Context

 

Relationship to the Context of the Proposal

Although the proposal itself is well described there is little contextual information on the elevations and sections. Continuous street elevations describing the general height and bulk of the surrounding buildings would assist in the assessment of its impacts. As the site is in a prominent location, a montage from Maroubra Road well to the west of the site, showing the proposal in the evolving context of Maroubra Junction, would also be helpful. 

 

The proposed ground floor retail is considered appropriate.

 

Comments:

The submitted site analysis drawings have adequately presented the contextual information relating to building height and scale in the locality. The application has included a photomontage, which clearly models the proposed built form as viewed from Maroubra Road.

 

Principle 2: Scale

 

The Scale of the Proposal

It should be demonstrated that the additional floor being sought does not have any further overshadowing impacts than a 6 storey building on this site.  Generally the scale and proportions of the building are well considered and resolved.

 

Comments:

The applicant has submitted detailed shadow diagrams, which indicate that the expected shadows of the development are commensurate with those created by the previous approved proposal under consent 1210/2002.

 

The application has also included an analysis of the potential shadow impacts on a future mixed-use building at Nos. 1 and 3 Robey Street, in accordance with the permissible building envelope prescribed in the DCP. The analysis demonstrates that the northern elevation of the ground floor areas, which are envisaged for non-residential uses under the DCP, will be completely overshadowed throughout the day on the winter solstice. The northern elevation of the levels above, which are envisaged for residential uses, will generally obtain a minimum of 3 hours of direct sunlight on the winter solstice.

 

Therefore, it is considered that the proposed building envelope will not unreasonably impact on the environmental amenity of any future redevelopment of the adjoining properties.

 

 

 

Principle 3 Built form

 

The Built Form of the Proposal

As the 25% site area for communal open space has not been achieved the Panel suggests that the driveway be covered over (at least in part) in the south-east corner of the site and that this area be terraced toward the boundary and have sufficient tree planting to create privacy, shade and amenity. This garden space should be directly accessible from the existing foyer circulation. Apartment 3 will have to be replanned to accommodate this change.

 

Alternatively the northern penthouse could be replaced by an open common roof terrace. In any case the parapet could be re-profiled and the northern penthouse should be cut back to allow more sun into the lightwell, and allow more view up to the sky.

 

The roof section should be developed to optimize winter sunlight access to the top floor apartments and to the courtyard.

 

Investigate opportunities to open the lightwell to the south or to the west through the common circulation, to admit more daylight and breeze to this very contained space.

 

The inclusion of an exhaust duct for a commercial kitchen in the retail space should be considered.

 

Comments:

·      The revised development scheme includes the construction of a landscaped podium of 5.8m x 10.2m in dimension over the eastern portion of the driveway access ramp. The underside of the podium slab is elevated approximately 600mm above the existing ground level. The podium will be provided with shade tolerant plant and is considered to deliver an improved landscape setting for the development.

 

·      The revised proposal has deleted the floor space in the south-eastern section of the top floor level. The area in question will be replaced by a landscaped rooftop terrace for use by the occupants.

 

·      It is considered that the proposed roof form has a low profile and will not unnecessarily obstruct daylight access to the central courtyard within the building.

 

·      The amended drawings have included an exhaust shaft for any potential commercial kitchen use of the ground floor retail suites.

 

·      The western elevations of the lift lobbies from levels 1 to 6 are characterised by full height glazing, which will provide a degree of ambient light for the central courtyard.

 

Principle 4 Density

 

The Proposed Density

Some reductions in line with the comments contained in this report will need to be considered.

 

 

Comments:

·      The revised proposal has deleted the floor space in the south-eastern section of the top floor level. The area in question will be replaced by a landscaped rooftop terrace for use by the occupants.

 

Principle 5 Resource, energy and water efficiency

 

Resource and Energy Use and Water Efficiency

The proposal has the potential to provide good passive solar design outcomes if the previously noted issues are addressed.  The Panel notes that the planning arrangements have provided natural daylight to the majority of bathrooms which is commended. The planning arrangement with the wide lightwell also has the advantage of providing cross ventilation to all units, and daylight and fresh air to the common areas on all levels.

 

Developing the roof section to obtain winter sunlight will be beneficial.  Top-light can be brought into the corridor spaces of the top floor units.

 

Comments:

The proposal has incorporated a central courtyard that enables cross-ventilation to all apartment units. The courtyard also functions to admit natural lighting to the interior space.

 

A skylight has been added over the bathroom of Unit 21 on the top floor level.

 

The lift lobby is bounded by full height glazing on the western elevation, which in conjunction with the central courtyard, will maximise natural lighting to the common circulation areas.

 

Principle 6: Landscape

 

The Proposed Landscape

The proposed landscape design is a good design and is supported by the Panel.  The inclusion of street trees is strongly commended.

 

Extra outdoor communal space should be created as noted in this report.

 

Comments:

The revised proposal has included a landscaped rooftop terrace and a landscaped podium over part of the driveway ramp.

 

Principle 7: Amenity

 

The Amenity of the Proposal for its Users

This proposal demonstrates good amenity, planning, access to sun, air and privacy to all units.  The apartment are particularly well planned, each taking advantage of orientation and outlook.

 

Comments:

The proposed units provide operable windows on more than one elevation with a separation distance of less than 18m. The dwellings are considered to provide adequate natural cross-ventilation.

 

The Residential Flat Design Code recommends that primary balconies for all apartments to have a minimum depth of 2m. Each of the proposed units has access to a balcony that substantially complies with the above dimensional requirements.

 

With the exception of the south-eastern apartment units, all dwellings within the building have a northern or western aspect towards the street. The orientation and configuration of the above units will maximise solar access to the interior space.

 

In order to compensate for the southern aspect of the south-eastern units, a central courtyard has been incorporated into the design to maximise direct or ambient light to the units. The living rooms of these apartments also have access to a balcony, which has an outlook towards the west and will receive direct sunlight in the afternoon period. The light well design solution is considered to be satisfactory in the light of the elongated configuration of the site.

 

Principle 8: Safety and security

 

The Safety and Security Characteristics of the Proposal

Satisfactory: casual surveillance of all public and communal spaces around the building would be possible. The retail frontage is supported, and the residential entry to Robey Street is well considered.

 

Comments:

The proposed balconies and windows will provide casual surveillance to the public domain. The ground floor commercial / retail suites will maintain activation of the street frontages.

 

Principle 9: Social dimensions

 

Social issues

The size, variety and type of units are considered appropriate for the Maroubra area.  This area has a large proportion of purchasers looking to downsize from houses and yet have apartments of reasonable size.  Public transport is good and the amenity afforded by nearby shops, parks and the beach is high.

 

Comments:

The development includes 1-, 2- and 3-bedroom units. The size and configuration of the apartments will cater for the needs of different households. The proposed development is not considered to result in detrimental impacts on housing affordability in the locality.

 

Principle 10: Aesthetics

 

The Aesthetics of the Proposal

The proposed building, its bulk, scale, proportion, materials and detail, would be a positive contribution to the Maroubra streetscape and apartment building stock. In the Panel’s opinion, the design and articulation of the building are well above the average, and have the clear potential to become an exemplar in the municipality.

 

Comments:

The overall form and detailing of the building, arrangement of open space and landscape design are appropriate for the subject site. The proposed architectural composition, fenestration treatment and external finishes of the building achieve a contemporary design response that is suitable to the Town Centre locality.

 

Summary and Recommendations

The proposal is of a high standard and complies well with SEPP 65 requirements. The Panel will not need to review this project again if the issues raised in this report are satisfactorily addressed.

 

Comments:

Satisfactory.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by BASIX Certificate numbered 204561M. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 

9.      Policy Controls

 

9.1    Development Control Plan – Maroubra Junction Town Centre

The Maroubra Junction Town Centre DCP applies to the subject development. The subject site is identified as being within Block 9 under the DCP. The compliance of the proposal with the block-specific and general controls in the DCP is addressed as follows:

 

9.1.1 Block 9 controls

 

Clause 9

Requirement

Compliance

Part 3 Development Controls

3.2.9

6 storeys building height

7 storeys, does not comply. Refer to the “SEPP 1” section of this report for details.

 

Rear half of the site to be reserved as open space

The building footprint extends across the full length of both the Maroubra Road and Robey Street frontages, with the exception of a driveway and deep soil zone along the southern boundary. Does not comply. Refer to the “SEPP 1” section of this report for details.

 

Provision of a right of carriageway along the southern boundary

The driveway access ramp has been designed to enable a future branch off connecting with the adjoining properties to the east. Satisfactory.

 

Building envelope to be located across Nos. 165A to 171 Maroubra Road

 

The subject site does not include Nos. 169 and 171 Maroubra Road. Notwithstanding, the site has a land area of 752.8m2 and street frontages of 18.1m (Maroubra Road) and 44.425m (Robey Street). It is considered that the site is suitably configured to enable a mixed residential and commercial development. 

 

GFA occupies not more than 70% of the maximum building envelope for residential floors and 80% in the case of commercial / retail floors above the ground floor

The proposal does not comply with the maximum building envelope depicted in Section 3.2.9 of the DCP. Notwithstanding, it has been established in this assessment that the proposed building envelope will not result in unreasonable shadow, privacy or visual impacts on the surrounding areas. The proposal is considered satisfactory.

 

Building use

Along Maroubra Road: 2 floors of commercial with residential above

Along Robey Street: 1 floor of commercial with residential above

The proposal only reserves the ground floor level for retail / commercial purposes and does not comply with the DCP provision. Notwithstanding, the configuration and size of the 4 retail suites are considered to be suitable for a range of shop or small office uses. Given the location of the site at the periphery of the Maroubra Junction Town Centre, the proposal is considered acceptable in this regard.

 

Building depth

Along Maroubra Road:

Commercial / retail floors: maximum 25m (maximum 23m glass line to glass line above ground floor)

Residential floors:

Maximum 22m (maximum 18m glass line to glass line)

 

Commercial / retail floors:

Total building depth 24.8m to 32.8m

Residential floors:

Total building depth 31.9m to 34.0m

 

The proposal does not comply with the building depth numerical provisions.

 

It should be noted that the side boundaries of the site are set at a skewed angle against the Maroubra Road boundary. The site configuration presents difficulties for substantial compliance with this requirement.

 

Furthermore, the proposal incorporates a central courtyard / light well to maximise solar access and natural ventilation for the units, as a measure to overcome the elongated configuration of the site. 

 

Due to the existing site constraints, it is considered that the proposal is acceptable in this regard.

 

Setbacks

Front setback:

Along Maroubra Road 0m

Along Robey and Ferguson Streets minimum 3m

 

Side setback:

Along Maroubra Road 0m

Along Robey and Ferguson Streets minimum 1.5m

 

Rear setback:

Lots fronting Maroubra Road minimum 10m

Lots fronting Robey and Ferguson Streets minimum 6m

 

Front setback:

Maroubra Road 0m

Robey Street 0m

Robey Street represents the secondary frontage of the site and therefore the 3m setback requirement does not apply.

 

Side setback:

0m

Robey Street represents the secondary frontage of the site and therefore the 1.5m setback requirement does not apply.

 

Rear setback:

Residential floors: 7.5m to 10m

Ground floor: 2.2m to landscaped podium, 11.3m to external walls

 

The revised proposal has increased the rear setback for the residential floors from 6.5m – 9m to 7.5m – 10m.

 

The development scheme will provide a deep soil planting zone along the southern boundary (the existing trees along the southern boundary are recommended to be removed due to their proximity to the car park excavation zone. A specific condition is recommended to require adequate replacement planting in this area). This will provide satisfactory screening and visual softening of the lower levels of the building. The southern windows and balconies are provided with slatted privacy screens, which will minimise visual privacy impacts on Nos. 1 Robey Street. In addition, as will be discussed in the following paragraphs, the proposal will not result in unacceptable shadow impacts on the surrounding areas. Therefore, the proposed rear setback is considered acceptable.

 

Deep soil zone + open space

Minimum 25% of total site area (188.2m2) to be provided as communal open space

For lots with frontage to Maroubra Road, minimum 1.5m wide deep soil tree planting strip along rear boundary

276.3m2 (or 36.7% of site area) of communal open space is provided on site. This includes a 2.5m wide deep soil planting zone along the southern boundary of the site. Complies.

 

Vehicle access

Lots fronting Maroubra Road to provide vehicle access via a minimum 6m wide rear right of carriageway

A one-way driveway to the basement car park is provided along the southern boundary of the site. The driveway access ramp has been designed to enable a future branch off to connect with the adjoining properties to the east. Satisfactory.

 

The non-compliance with the building envelope layout and numerical provision of the DCP is considered acceptable based on the following reasons:

 

·      At present, the streetscape of Maroubra Road is under transition where the older building stock is being replaced by high-rise mixed use developments. In particular, the western-most block of the development at the corner of Maroubra Road and Anzac Parade, commonly known as “Pacific Square”, at No. 142 Maroubra Road, is 10 storeys in height.

 

The subject site is located at the south-western periphery of the Maroubra Junction Town Centre, and is envisaged in the DCP to contain developments with a transitional scale to the nearby low-rise dwelling houses. The proposal is 7 storeys in height, where the topmost floor is stepped in from the external wall alignments below. The top floor level has a configuration that resembles habitable roof space and presents a clear contrast from the hard edged block form of the levels below.

 

It is considered that the development scheme has a height and scale, which are compatible with the emerging character of the Town Centre. The proposed design has adequately addressed the lower building scale of the residential dwellings to the south and east of the site.

 

·      The design scheme has incorporated appropriate measures to minimise the visual scale and bulk of the structures, despite non-compliance with the building height standard. The facades are highly articulated with recessed balconies, louvre screening devices and a combination of surface finishes on all elevations, which create visual interest. The ground floor awnings extend across both street frontages, which in conjunction with the horizontal emphasis of the window configuration, promote a sense human scale for the building.

 

The Robey Street elevation of the pedestrian entry and lift lobbies above is characterised by clear glazing that splits the solid building mass into two. The above design treatment will minimise the scale of the structures as viewed from the secondary street frontage.

 

Overall, the architectural expression of the proposal is considered to carry satisfactory design merits and should be supported.

 

·      The revised proposal has reduced the footprint of the top floor level. The original floor space at the south-eastern section of the topmost storey has been deleted and replaced by a landscaped communal terrace.

 

The amended shadow diagrams clearly demonstrate that the expected shadow impacts are commensurate with those of the approved proposal under Development Consent No. 1210/2002. The breaches against the building height standard are not considered to significantly exacerbate the extent of overshadowing, which Council previously established as being acceptable. The 1.45m increase in building height is not considered to result in a material difference in shadow impacts on the surrounding areas.

 

9.1.2 General controls

The relevant general controls of the DCP are addressed as follows:

 

Clause

Requirement

Compliance

Part 3 Development Controls

Amalgamation

Minimum street frontage 20m; or

Have dual street frontage with vehicular access from the secondary street

Maroubra Road frontage: 18.1m

Robey Street frontage: 44.425m

Vehicular access obtained from Robey Street away from the road intersection

Minimum lot widths are to be tested against the desired building types for each block to determine where amalgamation is necessary

The proposal does not comply with the prescribed building envelope under the Block 9 controls. However, the proposed building footprint and form have been configured to maximise amenity for the apartment units, whilst minimising adverse environmental impacts on the surrounding properties. It is considered that the dimension and configuration of the site are suitable for the proposed mixed commercial and residential development.

When development is proposed, sites between and adjacent to developable properties are not to be limited in their future development potential

The proposed driveway access ramp has been designed to allow a future branch off for connection to the adjoining properties to the east. This will allow future vehicular access to Nos. 169 and 171 Maroubra Road should they be redeveloped.

 

The design also incorporates a central courtyard / light well to maximise daylight access and ventilation. It is considered that this treatment can be mirrored for any future redevelopment of Nos. 169 and 171, which would improve amenity for both the subject and adjoining sites.

Building Envelope

Residential floors:

GFA occupies not more than 70% of the maximum building envelope

The proposed residential levels exceed the maximum building envelope prescribed in the DCP. Refer to discussion under Section 9.1.1 above for justifications for the proposed building envelope.

Commercial floors:

GFA occupies not more than 80% of the maximum building envelope for commercial floors above the ground floor

There are no commercial floors above the ground floor level. Not applicable.

Building Height

Prominence of certain street corners should be reinforced by concentrating the tallest portion of the building on the corner

The proposed top floor level (6/F) is stepped in from the external wall alignments below. The topmost floor has a low profile in order to minimise prominence in the streetscape. Satisfactory.

Maximum height on Maroubra Road is 6 storeys

7 storeys, does not comply. Refer to comments under the “SEPP 1” section of this report.

Maximum height to underside of the ceiling of the topmost floor: 21.0m

22.45m, does not comply. Refer to comments under the “SEPP 1” section of this report.

Building Separation

Five to eight storeys / 18m – 27m:

18m between habitable rooms and balconies

13m between habitable rooms and balconies / non-habitable rooms

9m between non-habitable rooms

 

Internal separation:

The proposal has incorporated a central courtyard / light well of 7m x 7m in dimension. The courtyard is designed to allow natural ventilation and daylight access for the bedroom and kitchen windows of the eastern apartment units. Therefore, the separation between habitable rooms is only 7m.

 

Notwithstanding, the landscape plan has indicated the planting of Giant Timber Bamboos within the courtyard, which is capable of reaching 15m mature height. The bedroom windows are also provided with external slatted screens for privacy protection. The above measures are considered to compensate for the non-compliance with the building separation requirements.

 

Given the constraints of the site and the requirement to provide satisfactory cross-ventilation, the proposal is considered satisfactory in this regard.

 

Separation from adjoining properties:

The typical residential floors (except the topmost floor level, which has a wider setback) have a setback of 7.5m to 10.0m from the southern property boundary.

 

The proposal has reserved a 2.5m wide deep soil planting zone along the southern boundary. In addition, slatted privacy screens will be installed for the south-facing balconies and windows. It is considered that the above measures, in conjunction with the rear setback, will ensure adequate privacy and ventilation between buildings.

Articulation

All buildings are to be articulated to a minimum depth of 1m at the rear and the front, above any ground floor commercial / retail

The facades are highly articulated with recessed balconies, louvre screening devices and a combination of surface finishes on all elevations, which will create visual interest. Satisfactory.

Street Setbacks

No setback is required from Anzac Parade and Maroubra Road, in order to maintain an urban street edge on the major streets.

The development is built up to the Maroubra Road boundary. Complies.

Rights of Carriageway

Minimum of 6m wide

Applicants are to negotiate rights of carriageway with adjoining property owners

 

A one-way driveway to the basement car park is provided along the southern boundary of the site. The design of the driveway access ramp allows a future branch off for connection to the adjoining properties to the east.

Part 4 Design Controls

Deep Soil Zones

Deep soil zones should accommodate existing mature trees

The proposal includes a deep soil zone of 2.5m in width. It is recommended that the existing trees along the southern boundary be removed due to their close proximity to the car park excavation zone. A specific condition is recommended to require the provision of suitable replacement canopy tree planting.

 

No car parking structures will be built underneath the deep soil zone.

Deep soil zones are to have pervious surface

Deep soil zones are not to be built upon or have underground parking areas underneath

Fences & Walls

Fences are to be a maximum height of 1.2m

No fencing is proposed along the Maroubra Road and Robey Street frontages.

 

Timber batten fencing of 2.0m in height will be provided along the southern boundary. The above fence will taper to a height of 1.2m near the Robey Street frontage.

 

Timber batten fencing of 2.0m in height as measured from the landscaped podium level will be provided to a portion of the eastern shared boundary. The above fence will taper to a height of 2.0m as measured from the existing ground level to match with the southern boundary fencing.

 

It is considered that the above fencing height is appropriate for security purposes and will not detrimentally impact on the streetscape.

Landscape Design

Developments are to contribute to the streetscape and public domain through landscaping, which visually softens the bulk of large developments

The proposal will provide a 2.5m wide deep soil zone along the southern boundary. A specific condition is recommended to require adequate canopy tree planting in this zone. The above landscape zone will visually soften the driveway facilities on site, and provide screening of the building structures as viewed from the adjoining property to the south.

 

Ensure amenity of private and communal open spaces by: providing shade from the sun and shelter from wind

The proposed landscaped areas are provided with suitable planting and furniture facilities to maximise users’ comfort.

 

Use landscape design to improve the energy and solar efficiency of apartments and the microclimate of open spaces

The proposed planting in the landscaped podium above the driveway and the central courtyard / light well consists of shade tolerant species, which can withstand prolonged overshadowed conditions.

 

Landscape design is to minimise water consumption

Standard conditions are recommended to ensure compliance with the commitments listed on the BASIX Certificate, including the provision of low water use planting.

Open Space

25% of the total site area is to be communal open space

276.3m2 (or 36.7% of site area) of communal open space is provided.

All dwellings are to have access to a private, useable, functional area of open space directly accessible from the main living area.

All proposed units have access to a balcony of generally 2m in width from the main living areas.

Heritage

Developments within proximity of heritage items are to be appropriate in scale, proportion and materials to these items and their context.

Refer to “RLEP” section of this report for details.

Pedestrian Access

High quality safe and accessible routes are to be provided to public and semi-public areas of the building and the site

The building contains windows and balconies that provide suitable casual surveillance of the surrounding public domain and the communal areas.

 

The proposal includes 4 retail units at ground level and will promote activation of the streets.

 

Retail Unit 4 has incorporated window openings on the southern elevation for casual surveillance of the adjacent communal access areas.

Ensure that the main building entrance for apartments is accessible for all from the street and from car parking areas

A specific condition is recommended to require compliance with the equitable access provisions of the Building Code of Australia.

Barrier-free access is to be provided to and within at least 1 in 15 dwellings

Apartment No. 2 is designed and configured as an adaptable unit. Satisfactory.

Vehicle Access

Vehicular access is not permitted from Anzac Parade or Maroubra Road for new developments. Vehicular access to sites fronting these roads is to be provided from secondary streets or via  6m wide rights of way

Vehicular access is obtained via a driveway off Robey Street.

Building Entry

Building entries are to be oriented to, and clearly visible from the street; convenient for pedestrians and clearly identifiable

Satisfactory.

Visual Privacy

Separating communal open space, common areas and access routes from windows of rooms, particularly habitable rooms

The communal landscaped podium over the access driveway will be screened by timber boundary fencing, so that the privacy of the adjoining properties will be protected. Satisfactory.

Offsetting windows of apartments in new development to windows in adjacent development

Those portions of the external windows, which are oriented towards the adjoining properties, are provided with slatted privacy screens, which will minimise overlooking into the adjoining properties. 

Recessing balconies and providing vertical fins between adjacent balconies

The proposed northern and western balconies are recessed into the building facades.

 

The south-facing balconies are provided with slatted privacy screens, which will minimise overlooking into the adjoining properties.

Safety and Security

Ensure that residential flat developments are safe and secure for residents and visitors, and contribute to the safety of the public domain.

Satisfactory casual surveillance for the public domain and communal areas is achieved.

Apartment Layout

Minimum apartment sizes:

- 1 bedroom 50m2

- 2 bedroom 80m2

- 3 bedroom 125m2

1-bedroom units: 72m2

2-bedroom units: 86m2 – 94m2

3-bedroom units: 124m2 – 147m2

Complies

Single-aspect apartments are to have a maximum depth of 8m.

All apartments have dual aspects or window openings onto a central courtyard / light well.

Apartment layouts are to provide suitable amenity for occupants

The layout, configuration and dimensions of the apartment units will maximise solar access to the living areas. The units are of an open plan design allowing flexibility for the placing of furniture and living functions.

Apartment Mix

A mix of studio, one, two, and three or more bedroom apartments is to be provided

The development provides the following dwelling mix:

1-bedroom unit: 1

2-bedroom units: 15

3-bedroom units: 6

The proposal has included a mixture of dwelling sizes, which can cater for different household needs.

Balconies

Each apartment is to have at least one primary balcony.

Each of the proposed apartments has access to a private balcony.

Primary balconies are to have a minimum depth of 2.5m

 

Minimum area of primary balconies is to be as follows:

Studio & 1-bedroom: 6m2

2- & 3-bedroom: 10m2

The proposed balconies have a minimum depth and surface area of 2.0m and 8.0m2 respectively. Although not complying with the numerical standard of the DCP, the balconies are adequately configured and capable of accommodating passive recreational functions.

Balconies are to be designed in response to the local climate and site context

 

The balconies on the northern and western elevations are recessed into the building facades and will maximise shade for users during the summer seasons.

Ceiling Heights

Compliance with the following floor-to-ceiling heights:

 

Ground floor: 3.6m

First floor: 3.3m

All floors above first floor: 2.7m

 

The development proposes the following:

 

Ground floor: 3.0m

First floor: 2.7m

All floors above first floor: 2.7m

 

In relation to the ground floor level, the height between the finished floor level and the underside of the floor slab above is 3.5m. The height as measured to the false ceiling is 3.0m. The 500mm space between the false ceiling and the actual slab can accommodate essential services such as air conditioning and exhaust ducts for commercial and retail uses. It is considered that the proposal achieves substantial compliance with the controls.

 

The floor to ceiling height for the first floor level is 2.7m and does not comply with the 3.3m requirement. It is noted that the subject site is located at the western edge of the “Core Retail Precinct” identified in the Commercial Centre Study – Maroubra Junction, dated April 2001 and prepared by Leyshon Consulting.

 

The site adjoins low density residential areas and is located at the periphery of the identified Retail Core. Given the location of the site at the edge of the Town Centre area, it is considered unlikely that there will be a strong demand for office accommodation on the first floor level.

 

Consideration has been given to the possibility of raising the northern portion of the level 2 floor plate (and the floor plates of all of the levels above), so that the floor-to-ceiling height of Apartments 1 and 4 on level 1 are increased to 3.3m. However, given the shadowing impacts generated by the proposal in its current form, it is considered that the above option is not desirable in this instance.

 

Therefore, the proposal is considered acceptable in this regard.

Corner Building

Buildings are to align and reflect the corner conditions.

The building corner is appropriately articulated by curved balconies finished with metal claddings.

Flexibility

Buildings are to be designed to accommodate future change in building use or configuration.

The proposal includes a mix of dwelling sizes to cater for changes in accommodation demands.

 

Apartment layouts are to be designed to accommodate flexibility in room use.

Satisfactory.

Internal Circulation

Optimise safety and security by grouping apartments to a maximum of 10 around a common lobby.

There are only a maximum of 4 apartments on each floor. The internal circulation design is considered satisfactory in this regard.

Storage

Provide adequate storage for everyday household items within easy access of the apartment

The individual apartment units have sufficient size to accommodate daily household items and furniture.

Provide storage for sporting, leisure, fitness and hobby equipment

The basement levels of the building contain additional storage areas for the residents.

Acoustic Privacy

Ensure a high level of amenity by protecting the privacy of occupants of residential flat buildings, both within the apartments and in private open spaces

A specific condition is recommended to require compliance with the Building Code of Australia in relation to noise separation performance.

 

The ‘wet areas’ (i.e. kitchen, laundry and bathroom) of the dwellings are generally grouped together, away from the bedrooms. This will minimise noise transmission through the plumbing.

 

The proposed balconies are either oriented towards the streets or setback substantially from the boundary.

 

Overall, the development is considered satisfactory in this regard.

Daylight Access

The building configuration is to optimise northern aspect to new residential apartments where possible

Out of the proposed 22 apartment units, 17 are oriented to the north or west, which will enjoy satisfactory solar access.

Communal open spaces are to receive sunlight between March and September and appropriate shading is to be provided in summer

The proposed rooftop terrace will enjoy more than 3 hours of direct solar access throughout the year. Bamboo and shrub planting is proposed to reduce heat in-take in this communal area.

Living rooms and private open spaces for at least 70% of apartments in a development are to receive a minimum of 3 hours direct sunlight between 9am and 3pm in mid-winter, unless existing overshadowing prevents this

A total of 17 apartments (77%) within the development will enjoy direct solar access to the living room windows for a minimum of 3 hours on the winter solstice.

The number of south-facing apartments is to be kept to a minimum

A total of 23% (5 units) of the apartments have a southern orientation. Notwithstanding, a balcony with outlook towards the west will be provided to each of these units, so as to enable solar access to the outdoor recreation area in the afternoon period on the winter solstice.

 

In addition, a central courtyard is provided in order to enable a degree of solar access to the bedroom areas of the south-facing units.

Buildings are to be designed for shading and glare control

Suitable roof overhang and screening devices have been incorporated into the design.

Light wells should not be used as a primary source of daylight to habitable rooms.

The proposed central courtyard / light well will be used for natural lighting and ventilation of the bedroom and kitchen areas, and not the principal living rooms. Given the constraints of the site, this arrangement is considered to be acceptable.

Natural Ventilation

Ensure that all apartments have dual-aspect to allow the direct flow of air from one side of the apartment to the other

All proposed apartments have dual aspect and are cross ventilated. 

Awnings and Signs

Awnings are to complement the height, depth and form of the desired character or existing pattern of awnings; and provide sufficient protection from sun and rain

The proposed awnings are integrated with the design of the building. A specific condition is recommended to ensure the clearance and setback of the awnings are satisfactory having regard to the safety of pedestrians and vehicles.

Facades and Articulation

Facades are to have an appropriate scale and proportion, which respond to building use and desired character

The proposed architectural composition, fenestration treatment, external finishes and detailing of the building achieve a contemporary design response that enhances the streetscape character.

Roof Design

Roof design is to be related to the desired built form. Design solutions include articulating the roof, or breaking down its massing on large buildings, to minimise the apparent bulk or to relate to a context of smaller building forms.

The roof structure has a low profile, which will minimise the height and scale of the building and shadow impacts.

 

Where roofs are used for open space, structures to provide shade and shelter from wind are to be incorporated into the design

The proposed rooftop terrace does not provide any shading structures. The provision of any shading structures would increase the visual bulk of the building and is not considered appropriate in this instance.

Energy Efficiency

Reduce the need for mechanical heating and cooling and minimise greenhouse gas emissions

Standard conditions are recommended to require compliance with the BASIX commitments.

 

9.2    Development Control Plan - Parking

The DCP specifies the following parking rates for multi-unit housing and business premises developments:

 

·      1 space / 1-bedroom dwelling: 1 x 1 = 1

·      1.2 spaces / 2-bedroom dwelling: 1.2 x 15 = 18

·      1.5 spaces / 3- or more bedroom dwelling: 1.5 x 6 = 9

·      1 space / 4 dwellings or part thereof for visitors: 22/4 = 5.5

·      1 car wash bay / 12 dwellings: 22/12 = 1.83

·      1 bicycle space / 3 units, plus 1 visitor space / 10 units: 22/3 + 22/10 = 9.53

·      Business premises: 1 space / 40m2 GFA: 322m2 / 40m2 = 8.05

 

 

Required

Proposed

Resident

28

30

Visitor

6

5

Bicycle

10

21

Car wash bay

2

To be required by condition

Business Premises

8

8

Total

42 car spaces

43 car spaces

 

The proposal complies with the total car parking requirements under the DCP.

 

The application proposes the dual use of the 5 residential visitor spaces as loading bays. It is anticipated that the peak demand for loading activities and residential visitors’ parking would happen during business hours and at night times respectively. Due to the staggered demand for these spaces by different users, the shared use arrangement is considered satisfactory.

 

The proposed loading bays are capable of accommodating small vans or normal private vehicles only. A specific condition is therefore recommended to require the creation of a loading zone in Robey Street, so as to enable the parking and loading of larger delivery vehicles.

 

A specific condition is recommended to require the design and construction of the parking bays and access aisles to be consistent with Australian Standard 2890.1. A further condition is recommended to ensure the provision of adequate bicycle parking facilities in accordance with Australian Standard 2890.3.

 

The proposal is considered satisfactory in this regard, subject to the recommended conditions.

 

9.3    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

0.5%

------

Development cost more than $200000

$7,077,500

1.0%

$70,775

 

10.    Environmental Assessment

 

10.1  Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

The proposal is consistent with the aims and objectives of the draft Randwick LEP 2008 and the draft SEPP: Application of Development Standards 2004.

 

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

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

 

 

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

Not applicable.

 

 

 

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, appropriate conditions of consent are recommended for imposition should this application be considered suitable for approval.

 

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

 

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

 

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

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

 

The proposed development is consistent with the mixed use character of the Maroubra Junction Town Centre. The proposal is not considered to result in detrimental social or economic impacts on the locality.

 

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

The site is located within the Maroubra Junction Town Centre with convenient access to local services and public transport. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

 

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

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

 

 

 

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

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

 

10.2  Overshadowing

The application has included shadow diagrams to indicate the expected shadow impacts on the surrounding properties:

 

9:00 am, 21 June

At 9:00 am, the proposed shadows will fall onto the following properties:

·      The southern portions of No. 2 Robey Street, including approximately half of the private open space and front garden.

·      The majority of Nos. 4 and 4A Robey Street, including the dwelling and open space areas.

·      The dwelling, front garden and approximately half of the rear private open space of No. 6 Robey Street.

·      The entire northern and approximately half of the eastern elevations of the church building at No. 8-16 Robey Street. The open space areas immediately to the north of the building will also be overshadowed.

·      The footpaths and carriageway of Robey Street.

 

12:00 noon, 21 June

At 12:00 noon, the proposed shadows will fall onto the following properties:

·      The entire northern façade and front garden area of No. 1 Robey Street.

·      The majority of the front garden area of No. 3 Robey Street.

·      The footpaths on the eastern side of Robey Street.

 

3:00 pm, 21 June

At 3:00 pm, the proposed shadows will fall onto the following properties:

·      The majority of the northern façade and the entire rear garden area of No. 1 Robey Street.

·      The entire rear private open space of No. 3 Robey Street.

·      The roof areas of the commercial property at No. 169 Maroubra Road.

·      The western portion of the commercial property at No. 181-191 Maroubra Road.

·      The northern portion of the Energy Australia substation.

 

It is noted that the proposed development will impact on multiple properties at 9:00 am, 12 noon and 3 pm on the winter solstice. However, given the north-south orientation of the subject site, the shadows will be gradually shifted so that the proposal will not impact on the properties to the east (commercial premises fronting Maroubra Road) and west (dwellings and church premises along Robey Street) for more than 3 hours between 9 am and 3 pm on the winter solstice.

 

The property that will be most detrimentally affected is the adjoining dwelling to the south at No. 1 Robey Street. The northern façade and the majority of the open space areas will be overshadowed throughout the day, when the existing shadows from No. 169 Maroubra Road are taken into account.

 

Notwithstanding, Nos. 1 and 3 Robey Street are envisaged in the DCP to be redeveloped as a 5-storey mixed commercial and residential building. The application has included an analysis of the potential shadow impacts on a future mixed-use building at Nos. 1 and 3 Robey Street, in accordance with the permissible building envelope prescribed in the DCP. The analysis demonstrates that the northern elevation of the ground floor areas, which are envisaged for non-residential uses under the DCP, will be completely overshadowed throughout the day on the winter solstice. The northern elevation of the levels above, which are envisaged for residential uses, will generally obtain a minimum of 3 hours of direct sunlight on the winter solstice.

 

Furthermore, the shadow diagrams clearly demonstrate that the expected shadow impacts are commensurate with those of the approved proposal under Development Consent No. 1210/2002. The breaches against the building height standard and maximum envelope are not considered to significantly exacerbate the extent of overshadowing, which Council previously established as being acceptable.

 

Therefore, the expected shadow impacts of the proposal are considered to be within a reasonable level.

 

10.2  Integrated Development assessment

The proposed development requires a site dewatering permit from the Department of Water and Energy under Part V of the Water Act 1912. The Department has given their General Terms of Approval (GTA) for such a permit under Section 91 of the Environmental Planning and Assessment Act 1979. They are the conditions under which the Department would, in principle, accept the proposed development activity. The GTA have been included in the “Recommendation” section of this report.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability, excellence in urban design and development, integrated transport and land use.

Direction 4a:      Improved design and sustainability across all development, integrating transport and pedestrian links between town centres and key locations.

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of DCP – Maroubra Junction Town Centre.

 

The SEPP No. 1 Objection lodged with respect to the non-compliance with the maximum building height and number of storeys is considered to be well founded. The proposal will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The proportions, massing, colours, materials and finishes proposed are considered to be satisfactory. The design carries high architectural merits and will be sympathetic to the character of the existing streetscape.

 

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

 

Recommendation

 

A.     That Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 42D of Randwick Local Environmental Plan 1998, relating to maximum number of storeys and maximum building height, on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants Development Consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 503/2008 for demolition of the existing structures on site and construction of a 7-storey mixed use building comprising 22 x residential apartments, 4 x retail/commercial suites and basement car park for 43 vehicles, site landscaping, fencing and associated works, at No. 165A–167B Maroubra Road, Maroubra, subject to the attached conditions of consent:

 

Conditions of Consent

 

Referenced Plans

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

 

Plan Number

Dated

Received

Prepared By

DA02(A)

07/11/08

7 Nov 2008

Fox Johnston

DA03(A)

07/11/08

7 Nov 2008

DA04(A)

07/11/08

7 Nov 2008

DA05(A)

07/11/08

7 Nov 2008

DA06(A)

07/11/08

7 Nov 2008

DA07(A)

07/11/08

7 Nov 2008

DA08(A)

07/11/08

7 Nov 2008

DA09(A)

07/11/08

7 Nov 2008

DA10(A)

07/11/08

7 Nov 2008

DA11(A)

07/11/08

7 Nov 2008

DA12(A)

07/11/08

7 Nov 2008

DA13(A)

07/11/08

7 Nov 2008

DA14(A)

07/11/08

7 Nov 2008

DA15(A)

07/11/08

7 Nov 2008

DA16(A)

07/11/08

7 Nov 2008

DA17(A)

07/11/08

7 Nov 2008

DA18(A)

07/11/08

7 Nov 2008

DA19(A)

07/11/08

7 Nov 2008

DA20(A)

07/11/08

7 Nov 2008

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building must be consistent with the approved drawings and the sample board prepared by Fox Johnston and submitted to Council with the development application on 21 July 2008.

 

Environmental Amenity

 

The following conditions are applied to protect the environmental amenity of the subject development and the adjoining properties:

 

3.       All proposed building structures, including balconies, external walls, floor slabs, sun control devices, privacy screens, planter boxes and etc., with the exception of the awning structures above the ground floor level, shall be contained wholly within all boundaries of the subject site.

 

Amended drawings demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority. A copy of the amended plans shall be submitted to Council for record keeping purposes.

 

4.       The glass balustrades for the balconies on the Maroubra Road (northern) elevation shall be constructed with obscured / frosted / translucent glazing, in order to protect the privacy of the occupants. Details of compliance shall be submitted to the satisfaction of the Principal Certifying Authority prior to issue of the Construction Certificate.

 

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

 

6.       The reflectivity index of external glazing for windows of the proposed development is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application.

 

(Note: The reflectivity index of glazing can be obtained from glazing manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this requirement.)

 

7.       The design, dimension, line-marking, sign-posting and construction of the proposed car parking spaces and access aisles shall be consistent with the provisions of Australian Standard 2890.1: Off-street car parking. Details of compliance are to be included in the Construction Certificate application.

 

8.       A minimum of twenty-one (21) bicycle parking spaces are to be provided within the proposed development. The design and construction of the bicycle parking facilities are to be compliant with Australian Standard 2890.3: Bicycle parking facilities. Details of compliance are to be included in the Construction Certificate application.

 

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:

 

9.       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).

 

10.     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.

 

11.     The use and operation of the premises shall not give rise to an environmental health or public nuisance.

 

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

 

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:

 

13.     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 issue of the Occupation Certificate.

 

14.     Power supply and telecommunications cabling to the development shall be underground.

 

15.     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.

 

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

 

17.     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.

 

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

 

18.     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.

 

19.     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.

 

20.     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 and heating provisions and hot water systems)

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

0.5%

------

Development cost more than $200000

$7,077,500

1.0%

$70,775

 

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

 

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

 

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

 

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

 

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

 

24.     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.

 

25.     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.

 

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

 

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

 

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

 

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

 

iv)      give at least two days notice to the Council, in writing, of the 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.

 

27.     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.

 

28.     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”.

 

29.     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.

 

30.     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.

 

31.     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.

 

32.     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.

 

33.     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:

 

34.     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.

 

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

 

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

 

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

 

36.     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.

 

37.     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       all of 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.

 

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

 

39.     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:

 

40.     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.

 

41.     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).

 

42.     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.

 

43.     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     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.

 

e)     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.

 

f)      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.

 

48.     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.

 

49.     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.

 

50.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     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 condition is applied to provide access and facilities for people with disabilities:

 

56.     Access, facilities and car parking 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, AS4299 & AS2890.1 and relevant Council development control plans for the subject development, to the satisfaction of the Certifying Authority.  Details of the proposed access, facilities and car parking 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:

 

57.     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.

 

58.     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).

 

59.     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.

 

60.     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 adequate provisions are made for the management of waste from the development:

 

61.     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.

 

Security Deposit Conditions

 

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

 

62.     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:

 

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

 

a)   Construct a new heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Robey Street.

 

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

 

c)   Reconstruct any damaged sections of kerb and gutter in both Maroubra Road and Robey Street.

 

d)   Reconstruct a full width footpath along the Maroubra Road site frontage, in accordance with the Urban Design Guidelines for Maroubra Junction.

 

e)   Reconstruct a full width footpath along the Robey Street site frontage, in accordance with the Urban Design Guidelines for Maroubra Junction.

 

f)        Remove the existing street trees in Robey Street and to supply and install 5 x 45 litre Cupaniopsis anacardioides (Tuckeroo’s) along the Robey Street frontage, and 3 x 45 litre (Banksia integrifolia, Coastal Banksia’s) on the Maroubra Road frontage.

 

64.     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.

 

65.     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.

 

66.     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.

 

67.     The driveway at the Robey Street frontage must be a minimum of 5.9 metres wide with a 300mm wide kerb on either side of the driveway, (therefore a total opening of 6.5 metres).

 

68.     The internal driveway must be a minimum 5.90m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a suitable splay to allow the passing to work. The Construction Certificate plans must demonstrate compliance with this requirement.

 

69.     The vehicular access and basement carparking levels (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 plans must demonstrate compliance with this requirement particular attention should be given to the design gradients along the inside/critical edge of any curved sections of the proposed internal ramps.

 

70.     To prevent vehicular conflict on the internal circulation ramp linking the ground floor with basement 1 carpark a signalling system shall be provided. The signalling system shall be designed by a suitably qualified traffic consultant. The plans submitted for the construction certificate shall demonstrate compliance with this requirement and the signalling system must be approved by the Certifying Authority prior to issuing a Construction Certificate.

 

71.     To prevent vehicular conflict on the internal circulation ramps linking the basement 1 carpark with the basement 2 carpark and the basement 2 carpark with the basement 3 carpark a signalling system shall be provided. The signalling system shall be designed by a suitably qualified traffic consultant. The plans submitted for the construction certificate shall demonstrate compliance with this requirement and the signalling system must be approved by the Certifying Authority prior to issuing a Construction Certificate.

 

72.     That section of the ramp wall requiring future removal to facilitate vehicular connection to the sites east of the development site must be suitably designed such that its removal does not adversely affect the structural integrity of any part of the development. Details must be provided to the Certifying Authority for approval and be approved prior to the issuing of a Construction Certificate.

 

73.     The applicant shall meet the full cost for the installation of a “Loading Zone” in Robey Street, fronting the development site. The location and dimensions of the Loading Zone shall be determined by Council’s Manager Integrated Transport and the Randwick Traffic Committee. The Loading Zone must be installed prior to the issuing of an occupation certificate.

 

74.     The applicant shall provide a minimum of one (1) carspace for people with disabilities. The minimum number of carspaces provided onsite shall be 42 carspaces, (this will enable 2 spaces to be combined as/if required to provide the requested disabled parking space). The location of the subject people with disabilities space shall be to the satisfaction of the Certifying Authority and must be approved prior to the issuing of a Construction Certificate.

 

75.     A Works Zone is to be provided 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.

 

76.     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.

 

77.     The minimum clear distance from the existing footpaths in Maroubra Road and Robey Street to the underside of the proposed awnings shall be 3.0 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

78.     The minimum clear distance from the existing footpath in Maroubra Road and Robey Street 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.

 

79.     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.

 

80.     The awning must be constructed to match the height and design of the adjoining awnings and be setback at least 600mm from the kerb line.

 

81.     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:

 

82.     The Council’s Development Engineer has inspected the above site and have determined that the design alignment level (concrete/paved/tiled level) at the property boundary for driveways, access ramps and pathways or the like, shall be:

 

·      Maroubra Road: Match the back of the existing concrete footpath along the full site frontage

 

·      Robey Street: Generally 2.5% above the top of kerb opposite at all points along the Robey Street site frontage.

 

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

 

The design alignment levels at the property boundaries must be strictly adhered to.

 

83.     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.

 

84.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $2575 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

85.     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.

 

86.     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.

 

87.     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.

 

88.     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.

 

89.     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.

 

90.     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.

 

91.     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:

 

92.     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.

 

93.     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.

 

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

 

a)   The underground drainage system in Maroubra Road and/or Robey Street, via a new and/or existing kerb inlet pit; OR

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

 

Notes:

 

a.  All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7.

b.  With the exception of the site discharge pipe, all new pipelines constructed within council’s road reserve shall be minimum 375 mm diameter, spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). Prior to backfilling, all pipelines in council’s road reserve shall be inspected and approved by the Hydraulic Engineer certifying the works and Council.

 

95.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 10 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

For small areas up to 0.5 hectares, determination of the required cumulative storage must be calculated by the mass curve technique as detailed in Technical Note 1, Chapter 14 of the Australian Rainfall and Run-off Volume 1, 1987 Edition.

 

Where possible the detention tank must have an open base to infiltrate stormwater to the groundwater. Note that the ground water and any rock stratum has to be a minimum of 2.0 metres below the base of the tank.

 

96.     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.

 

97.     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.

 

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

 

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

 

100.    The maximum depth of ponding in above ground detention areas (and/or infiltration systems with above ground storage) shall be as follows:

 

a)   300mm in landscaped areas (where child proof fencing is not provided around the outside of the detention area and sides slopes are steeper than 1 in 10)

b)   600mm in landscaped areas where the side slopes of the detention area have a maximum grade of 1 in 10.

c)   1200mm in landscaped areas where a childproof fence is provided around the outside of the detention area

 

Notes:

§ It is noted that above ground storage will not be permitted in basement carparks or in any area which may be used for storage of goods.

§ Mulch/bark must not be used in onsite detention areas

 

101.    Any above ground stormwater detention areas (and/or infiltration systems with above ground storage) must be suitably signposted where required, warning people of the maximum flood level.

 

102.    The floor level of all habitable and storage areas adjacent to the detention area (and/or infiltration systems with above ground storage) must be a minimum of 300mm above the maximum water level in the detention area for the design storm or alternately a permanent 300mm high water proof barrier is to be constructed.

 

(In this regard, it must be noted that this condition must not result in any increase in the heights or levels of the building.  Any variations to the heights or levels of the building will require a new or amended development consent from the Council prior to a construction certificate being issued for the development).

 

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

 

104.    A `V' drain is to be constructed along the perimeter of the property, where required, to direct all stormwater to the detention/infiltration area.

 

105.    A reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

106.    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.

 

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

 

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

b)  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.

 

108.    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 to ensure that the 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.

 

109.    Two covered car washing bays shall be provided for this development.

 

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

 

c)       The car washing bays 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 bays 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 bays.

 

110.    Prior to the issuing of an occupation certificate, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

·      The location of the detention basin with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in the detention areas;

·      The location, diameter, gradient and material (i.e PVC, RC etc) of all stormwater pipes;

·      The orifice size(s) (if applicable);

·      Details of any infiltration/absorption systems; and

·      Details of any pumping systems installed (including wet well volumes).

 

111.    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.

 

112.    As the above site may be present within a fluctuating water table, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

a)  Any subsoil drainage (from planter boxes etc) is to be disposed of within the site and is not to be discharged to Council’s kerb & gutter and/or underground drainage system.

 

b)  Adequate provision is to be made for the ground water to drain around the basement carpark (to ensure that the basement will not dam or slow the movement of the ground water through the development site).

 

113.    A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing the Construction Certificate for excavation of the basement levels, detailing the proposed method of excavation and dewatering process. The approved report must be forwarded to Council (if Council is not the Certifying Authority). This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·        The proposed method of shoring/piling and dewatering.

·        The zone of influence of any possible settlement.

·        The location of any proposed re-injection points in relation to the property boundaries (where re-injection equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Monitoring of fluctuations of the water table during dewatering/construction to be undertaken by consulting engineers to ensure that the conditions of consent and other relevant requirements are satisfied.

·        The location of all proposed monitoring equipment in relation to the property boundaries (where monitoring equipment is to be located on land other than the subject premises, the written consent of the owner must also be provided to Council).

·        Details of any consultation and arrangements made with owners of any potentially affected nearby premises (ie in relation to access, monitoring and rectification of possible damage to other premises).

·        Details of groundwater quality and proposed disposal of any potentially contaminated groundwater in accordance with relevant requirements of the Department of Environment & Conservation, Council and the Protection of the Environment Operations Act 1997, in an environmentally sensitive manner.

·        The location of all pumping equipment in relation to the property boundaries.

·        The proposed method of noise attenuation for all pumping equipment, so as not to be more than 5dB (A) greater than the A – weighted L90 background sound pressure level between the hours of 7am to 10pm within any residential premises and not to be audible at all between the hours of 10pm and 7am within any residential dwelling.

·        Confirmation that the proposed methods of dewatering and excavation are appropriate and in accordance with ‘best practice’ principles and should not result in any unacceptable levels of settlement or damage of the adjoining or nearby buildings within the zone of influence.

 

The dewatering process must be monitored by the consulting Engineer/s to the satisfaction of the principal certifying authority and documentary evidence of compliance with the relevant conditions of consent and dewatering requirements must be provided to the principal certifying authority and the Council.

 

The site conditions and fluctuations in the water table are to be reviewed by the consulting Engineer prior to and during the excavation/construction process, to ensure the suitability of the excavation and dewatering process and compliance with Council's conditions of consent.

 

114.    If any temporary dewatering of the site is required to facilitate construction of any part of the lower basement carpark a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

115.    Prior to lodgement of a Construction Certificate application the applicant must obtain from the Department of Water and Energy, the general terms of approval and any specific requirements for dewatering of the site to facilitate construction of the basement carpark levels. In particular, the applicant must obtain in writing the Department’s general terms of approval for the issuing of a Part V license under the Water Act 1912.

 

The Construction Certificate application must demonstrate compliance with the general terms of approval for a Part V License. No construction certificate is to be issued until such time as the applicant demonstrates to the satisfaction of the Department of Water and Energy and the Certifying Authority that the proposed method for construction of the basement carpark and dewatering of the site is strictly in accordance with the Department of Water and Energy’s requirements and best current engineering practice.

 

No dewatering of the site shall take place until such time as a Part V license has been obtained. A copy of the Part V license must be forwarded to Council prior to the commencement of any dewatering on the site.

 

116.    Details of any proposed connection and / or disposal of groundwater to Council’s external stormwater drainage system must be submitted to and approved by Council’s Development Engineer, prior to commencing these works, in accordance with section 138 of the Roads Act 1993.

 

The subject details must include the following information:

 

·      Site plan

·      Hydraulic engineering details of the proposed disposal/connection of groundwater or site stormwater to Council/s drainage system

·      Volume of water to be discharged

·      Location and size of drainage pipes

·      Duration, dates and time/s for the proposed works and disposal

·      Details of water quality and compliance with the requirements of the Protection of the Environment Act 1997

·      Details of associated plant and equipment, including noise levels from the plant and equipment and compliance with the requirements of the Protection of the Environment Act 1997 and associated Regulations and Guidelines

·      Copy of any required approvals and licences from other Authorities (e.g.  A water licence from the Department of Planning/Department of Water & Energy).

·      Details of compliance with any relevant approvals and licences

 

Waste Management Conditions

 

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

 

117.    The residential waste garbage room area shall be designed to contain a total of 22 x 240 litre bins (11 garbage bins & 11 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

118.    The commercial waste storage area shall be designed to contain a total of 8 x 240 litre bins (4 garbage bins & 4 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

119.    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.

 

120.    The waste storage areas shall be clearly signposted.

 

121.    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.

 

Landscape Conditions

 

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

 

122.    The landscaped areas within the development site shown on plans L01 – L02 Issue D dated 6/11/08 and L03 – L05 Issue C dated 8/7/08 prepared by Jane Irwin Landscape Architecture shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

The plan shall clearly show the position, canopy spread (location of dripline), trunk diameter, height and names of all existing trees upon the site and adjoining sites within 6 metres of the common property boundary which are likely to be affected by the development.

 

b.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with a dense planting of shrubs, accent plants and ground covers within all garden beds so that a continuous planted cover is achieved. Plant spacings are to be clearly indicated for all accent and groundcovers.

 

c.       A planting schedule listing all plants by botanic & common names, plant numbers, plant spacings for groundcovers and accent planting, pot sizes, the estimated size of the plant at maturity (height & spread) and proposed staking methods when applicable.

 

d.       Additional notation showing soil and mulch details, irrigation details, edging, paving, fencing details, surface finishes, retaining wall details, and any other landscape elements in sufficient detail to fully describe the proposed landscape works.

 

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

 

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

 

g.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

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

 

123.    As such, a relevant condition has been included granting consent for the removal of these four trees subject to replacement canopy cover and screen planting being provided in the deep soil zone along the southern boundary of the site, as has been shown on the submitted landscape plans.

 

124.    Approval is granted for removal of the following trees located within the development site, along the southern site boundary:

 

·      3 x Corymbia maculata (Spotted Gums).

·      1 x Castanospermum australe (Blackbean).

 

The applicant must undertake suitable replacement planting and the landscape plan must provide full details of this replacement planting. The applicant must liaise with Council’s Landscape Development Officer, prior to preparation of the Landscape Plan and prior to the issuing of a Construction Certificate, to obtain Council’s requirements for the subject planting.

 

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.

 

Documentary evidence is to be obtained from a suitably qualified Landscape Architect and submitted to the principal certifying authority (PCA) (and the Council, if the Council is not the PCA) prior to the issuing of a final occupation certificate which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

126.    The applicant shall meet all costs associated with upgrading the Maroubra Road and Robey Street site frontages in accordance with Council’s Urban Design Guidelines for the Kingsford Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

A detailed streetscape plan for the Maroubra Road and Robey Street frontages showing proposed paving design, street furniture, street tree planting, grades, finished levels, extent and location of awnings, doors/entranceways, the bus stop and any other details required by Council’s Landscape Architect shall be submitted to, and approved by, Council’s Director of City Services prior to commencement of the streetscape works.

 

The applicant will be required to contact and liaise with Council’s Project Co-ordinator, Mr Paul Lunniss on 9399-0934, prior to preparation of the streetscape plan in order to obtain more detailed, site specific landscape design requirements from the relevant Departments of Council.

 

Following approval of the streetscape plan; and prior to commencement of the streetscape works on Council property, the applicant shall liaise with Council’s Pre-paid Works Designer on 9399-0922, regarding scheduling of work including inspections, supervision fees and compliance with Council’s requirements for public liability insurance.

 

The approved streetscape works 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.

 

127.    To ensure satisfactory maintenance of the landscaped areas, an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways.

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

128.    Any substation required shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications.

 

129.    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 on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

130.    Landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

The following conditions are applied to ensure the safety and security of the subject development and the surrounding areas in accordance with the recommendations provided by the NSW Police – Eastern Beaches Local Area Command:

 

131.    The following design measures stated in the correspondence provided by the NSW Police – Eastern Beaches Local Area Command to Council, reference number D/2008/160004, signed off by Peter McErlain, Superintendent, and received by Council on 1 October 2008, are to be incorporated into the development:

 

(i)     Measures in relation to Lighting under Sections 16 and 17;

(ii)    Measures in relation to Territorial Reinforcement under Sections 18, 19 and 20; and

(iii)   Measures in relation to Access Control under Sections 24, 25 and 26

 

Details demonstrating compliance with the above requirements are to be submitted to the satisfaction of the Principal Certifying Authority, prior to the issue of any Occupation Certificate.

 

The following General Terms of Approval are imposed pursuant to Section 91 of the Environmental Planning and Assessment Act 1979 and Part V of the Water Act 1912, as required by the NSW Department of Water and Energy:

 

In accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 1994 (as amended) the NSW Department of Water and Energy has an approval role in relation to the lodged development application DA/503/2008.

 

Licences under Part V of the Water Act 1912 are required for the works (pumping from an excavation or from spearpoints around the perimeter of the construction site), for purposes of temporary dewatering as part of proposed construction at 165A-167B Maroubra Road, Maroubra.

 

1.      General and Administrative Issues

 

a.   Groundwater shall not be pumped or extracted for any purpose other than temporary construction dewatering.

 

b.   Tailwater shall not be allowed to discharge off-site (eg adjoining roads, stormwater system, sewerage system, etc) without the controlling authorities approval and/or owners consent.

 

c.   The licensee shall allow (subject to Occupational Health and Safety Provisions) the NSW Department of Water and Energy or any person authorised by it, full and free access to the works (excavation or bore/borefield), either during or after construction, for the purpose of carrying out inspection or test of the works and its fittings and shall carry out any work or alterations deemed necessary by the NSW Department of Water and Energy for the protection and proper maintenance of the works, or the control of the water extracted to prevent wastage and for the protection of the quality and prevention from pollution or contamination of the groundwater.

 

d.   If a work is abandoned at any time the licensee shall notify the NSW Department of Water and Energy that the work has been abandoned and seal off the aquifer by such methods as agreed to or directed by the NSW Department of Water and Energy.

 

e.   Suitable documents are to be supplied to the NSW Department of Water and Energy of the following:

·    A report of prediction of the impacts of pumping on any licensed groundwater users or groundwater dependent ecosystems in the vicinity of the site.  Any adverse impacts will not be allowed and the project will need to be modified.

 

·    A report of assessment of the potential for salt water intrusion to occur as a result of the dewatering.  This report is only required for sites within 250m of any marine or estuarine foreshore area.  The generation of conditions leading to salt water intrusion will not be allowed, and the proposal will need to be modified.

 

·    Descriptions of the methods used and actual volume of groundwater to be pumped (kilolitres/megalitres) from the dewatering works, the works locations, the discharge rate (litres per second), duration of pumping (number of days/weeks), the amount of lowering of the water table and the anticipated quality of the extracted water.

 

·    Descriptions of the actual volume of tailwater to be reinjected (kilolitres/megalitres), the reinjection locations, the disposal rate (litres per second), duration of operation (number of days/weeks) and anticipated quality of treated tailwater to be reinjected.

 

·    Monitoring of groundwater levels (minimum of 3 weekly measurements of depth to water at a minimum of 3 locations broadly distributed across the site) beneath the proposed development site prior to construction.  This requirement is only for sites where the proposed structure shall extend greater than one floor level into the existing ground level.

 

2.      Specific Conditions.

 

a.     The design of the structure must preclude the need for permanent dewatering.

 

b.     The design of the structure that may be impacted by any watertable must require a water proof retention system (i.e. a fully tanked structure) with adequate provision for future fluctuations of watertable levels.  (It is recommended that a minimum allowance for a watertable variation of at least +/-1.0 metre beyond any expected fluctuation be provided).  The actual water table fluctuation and fluctuation safety margin must be determined by a suitably qualified professional.

 

c.     Construction methods and material used in and for construction are not to cause pollution of the groundwater.

 

d.     Monitoring of groundwater levels is to be continued at least weekly during the construction stage and at least weekly over a period of at least 2 months following cessation of dewatering, with all records being provided to the NSW Department of Water and Energy on expiration of the licence.  This requirement is only for sites where the proposed structure shall extend greater than one floor level into the existing ground level.

 

e.     Groundwater quality testing must be conducted (and report supplied to the NSW Department of Water and Energy).  Samples must be taken prior to the commencement of dewatering, (and ongoing to the satisfaction of the NSW Department of Water and Energy for both extraction and reinjection activities, if required).  Collection and testing and interpretation of results must be done by suitably qualified persons and NATA certified laboratory identifying the presence of any contaminants and comparison of the data against accepted water quality objectives or criteria.

 

f.      Discharge of any contaminated tailwater that is not to be reinjected, must satisfy all requirements of any controlling authority (i.e. the NSW Department of Environment and Climate Change, Council and Sydney Water).  The method of disposal of excess tailwater (i.e. street drainage to the stormwater system or discharge to sewer) and written advice from the relevant controlling authority, indicating that the proposed/actual quality of tailwater is acceptable, must be presented to the NSW Department of Water and Energy and the consent authority.

 

g.     Discharge of any contaminated tailwater, if reinjection is proposed, must satisfy all requirements of the NSW Department of Environment and Climate Change and the NSW Department of Water and Energy.  The quality of any tailwater reinjected must be compatible with, or improve the intrinsic or ambient groundwater in the vicinity of the reinjection site.  Contaminated groundwater is not to be reinjected into any aquifer.  The following must be demonstrated in writing:

 

·    The treatment to be applied to the tailwater to remove any contamination.

 

·    The measures to be adopted to prevent redistribution of any contaminated groundwater.

 

·    The means to avoid degrading impacts on the identified beneficial use of the groundwater.

 

·    Written advice from the NSW Department of Environment and Climate Change indicating their approval for the methodology of handling and treating the groundwater.

 

h.     Written advice be provided from the Certifying Authority to the NSW Department of Water and Energy to certify that the following ground settlement issues have been addressed in reports submitted by the proponent:

 

·    Assessment by a suitably qualified geotechnical professional that the propos ed dewatering activity does not pose an unacceptable risk of off-site impacts such as damage to surrounding buildings or infrastructure as a result of differential sediment compaction and surface settlement during and following pumping of groundwater.

 

·    Settlement monitoring activities to be undertaken prior to, during and for the required period of time following the dewatering pumping to confirm the impact predictions.

 

·    Locations of settlement monitoring points, and schedules of measurement.

 

3.      Formal Application Issues.

 

a.     An application must be completed on the prescribed form for the specific purpose of temporary construction dewatering and a licence obtained from the NSW Department of Water and Energy prior to the installation of the groundwater extraction works.  A plan drawn to scale will be required with the application clearly identifying the location of the dewatering installations.

 

b.     Upon receipt of an approved development application from Randwick City Council, a fully completed licence application form and all required supporting documentation, NSW Department of Water and Energy will issue a Water Licence under Part V of the Water Act 1912.

 

c.     A licence application under Part V of the Water Act 1912 must be accompanied by a $151.00 fee and must specify the proposed volume of groundwater to be pumped (megalitres).  The licence is also subject to administrative charges as determined from time to time by the Independent Pricing and Regulatory Tribunal (IPART).

 

ADVISORY MATTERS:

 

1.       The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with all of the relevant deemed-to-satisfy provisions of the BCA, in particular, Clause D1.7- Discharge from fire isolated exits.

 

Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

You are 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.

 

2.       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.

 

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

 

Attachment/s:

 

Nil

 

 


Ordinary Council

24 February 2009

 

 

 

Director City Planning Report No. CP3/09

 

Subject:                  Council's Arts and Cultural Advisory Panel - commencement

Folder No:                   F2004/08008

Author:                   David  Briant, Senior Social Planner     

 

Introduction

 

At its Ordinary Meeting of 24 June 2008, Council resolved to establish an advisory panel comprising of local arts and cultural institutions and practitioners to advise Council on its cultural programs and public art initiatives. This report outlines the Terms of Reference for the Arts and Cultural Advisory Panel. These are consistent with those of Council’s other advisory and consultative committees, reflecting its ICARE Values and commitment to community participation.

 

It is recommended that Council:

 

a)  Note the Terms of Reference;

b)  Note that expressions of Interest will be invited shortly from local arts practitioners and institutions for membership of the Arts and Cultural Advisory Panel; and

c)  Proceed to nominate two Councillors to the Arts and Cultural Advisory Panel.

 

Issues

 

Council’s Cultural Plan, ‘A Cultural Randwick City, identifies the need for Council to establish an Arts and Cultural Advisory Panel. The aim of the Arts and Cultural Advisory Panel is to provide an opportunity to assemble key stakeholders in artistic and cultural development within Randwick City to facilitate the sharing of resources, knowledge, facilities, ideas and opportunities; as well as advise Council on its public art, placemaking and cultural initiatives.

 

The roles of the Public Art and Cultural Advisory Panel are defined under the following headings:

 

·      Provide Advice to Council

·      Assist Council with its Public Art Program

·      Support Local Arts Practitioners and Cultural Workers

·      Encourage Collaboration and Participation.

 

Membership

The Panel will comprise of a maximum of twelve (12) members. Membership of the Panel shall consist of no less than five (5) local practising artists and two (2) Councillors. The local practising artists will be sought on the basis of their specific experience and expertise in at least one of the following nominated areas:

 

·      Music

·      Film, video & digital media

·      Performing arts

·      Literature

·      Visual arts/ crafts

·      Indigenous arts, culture and heritage.

 

Representation on this Panel is to be publicly called for, by way of public advertisement and notification to the established arts and cultural groups, organisations and practitioners within the Randwick Local Government Area. Representatives on the Panel will be selected for a two (2) year period or when a new expression of interest process is completed.

 

Procedures and Proceedings

Meetings of the Panel will be held quarterly. Should the need arise, a special meeting to consider additional matters may be held. Council staff will provide support for the Panel including minute taking and other professional support.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A Vibrant and Diverse Community.

Direction 2a:      Maintain a current understanding of our community needs.

 

Financial impact statement

 

There is no direct financial impact for this matter. The servicing of the Committee will require staff time of approximately 1 day per fortnight.