MINUTES OF Planning Committee Meeting of the Council of the City of Randwick HELD ON Tuesday,

10 February 2009 AT 6:05 p.m.

 

Present:

 

The Mayor, Councillor B Notley-Smith (East Ward)

 

North Ward                                           -  Councillors K. Smith, P. Tracey &

M. Woodsmith

 

South Ward                                          -  Councillors R. Belleli & A. White

 

East Ward                                            -  Councillors T. Bowen & M. Matson

                                                             (Deputy Chairperson)

 

West Ward                                           - Councillors B. Hughes, S. Nash (Chairperson) & J. Procopiadis

 

Central Ward                                        -  Councillors A. Andrews (from 6.23pm)

                                                             & T. Seng

 

Officers Present:

 

General Manager                                             Mr R. Brownlee

Director City Services                                      Mr J. Frangoples

Director City Planning                                       Ms S. Truuvert

Director Governance & Financial Services             Mr G. Banting

Manager Development Assessment                     Mr K. Kyriacou

Manager Administrative Services                        Mr D. Kelly

Media Officer                                                  Ms A. Power

Manager Sustainability                                     Mr P. Maganov

Manager Transport                                          Mr T. Lehmann

 

The meeting was adjourned at 6.05pm and was resumed at 6.06pm.

 

Apologies/Granting of Leave of Absences 

 

Apologies and written requests for leave of absence were received from Cr Matthews (from 10th February, 2009 to 24th March, 2009) and Cr Stevenson (from 10th February, 2009 to 24th February, 2009).

PL1/09

RESOLUTION: (Mayor, Cr B. Notley-Smith/Belleli) - that the apologies and requests for leave of absence received from Crs Matthews and Stevenson be accepted and leave of absence be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 2 December 2008

PL2/09

RESOLUTION: (Belleli/Woodsmith) that the Minutes of the Planning Committee Meeting held on Tuesday 2 December 2008 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

(a)         Cr Tracey declared a significant non pecuniary interest in item D3/09 as he knows the objector. Cr Tracey did not take part in debate or voting on the matter.

(b)    Cr Belleli declared non significant non pecuniary interests in items D11/09 and         D12/09 as some of the objectors and supporters gave out how to vote         information at the last election and the owner of the building in D11/09 gave         him his preferences at the 2004 election.

(c)    The Mayor, Cr B. Notley-Smith and Crs Belleli, Nash, Seng and Smith declared         non significant non pecuniary interests in item D10/09 as the applicant has         previously sponsored a Liberal Party luncheon.

(d)    Cr Procopiadis declared a non significant non pecuniary interest in item D5/09 as         he knows the owner and a non significant non pecuniary interest in item D10/09         as knows the developer.

(e)    Cr Nash declared a non significant non pecuniary interest in items D11/09 and         D12/09 as his grandparents own property in the vicinity of the development.

(f)    Cr Andrews declared a non significant non pecuniary interest in items D4/09,         D11/09 and D12/09 as he knows the applicants through living in the City of         Randwick.

 

Address of Council by Members of the Public

Prior to consideration of the Agenda by the Committee, deputations were received in respect of the following matters:

 

D1/09       112 - 124 Anzac Parade, Kensington

 

For                      Mr Anthony Betros

 

D2/09       201-203 Beach Street, COOGEE NSW 2034

 

Against               Ms Farina Khan

 

For                      Mr Anthony Betros - on behalf of applicant

 

D3/09       58 BEACH Street, COOGEE

 

Against               Ms Jenny Pepper

 

For                      Mr Erol Ozdirik - on behalf of applicant

 

D5/09       15 Moira Crescent, Coogee

 

For                      Mr Sergio Reinofo

 

D6/09       23 Division Street Coogee

 

Against               Mrs Janette Milston

 

For                      Mr Tom Ferguson

 

D9/09       54 Coogee Bay Road, Randwick

 

For                      Mr Spiro Stavis - on behalf of applicant

 

D10/09      80 Middle Street and 133 Botany Street, Randwick

 

For                      Ms Genevieve Slattery - on behalf of applicant

 

D11/09      36 - 38 Goorawahl Avenue, La Perouse

 

Against               Mr James Maitland

 

For                      Ms Helen Kaman

 

D12/09      Section 96 - 36 - 38 Goorawahl Avenue, La Perouse

 

Against               Mr James Maitland

 

For                      Ms Helen Kaman

 

D13/09      Section 96 Modification - Proposed Music Festival at Randwick Racecourse - 77-97 Alison Road, Randwick

 

Against               Mr Paul Chilcott

 

For                      Mr Brett Morrison

 

The meeting was adjourned at 7.38pm and was resumed at 8.03pm.

 

The Mayor assumed the chair to move the miscellaneous item on the Victorian bushfires. Cr Nash then reassumed the Chair.

 

Urgent Business

 

Nil.

 

Development Application Reports

 

D1/09        Development Application Report - 112 - 124 Anzac Parade, Kensington (DA/736/2008)

PL3/09

RESOLUTION: (Procopiadis/Woodsmith)

 

That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No 736/2008 for demolition of existing structures and construction mixed use development up to 7 storeys with ground floor retail, 59 residential units and basement parking for 76 vehicles at 112-124 Anzac Parade, Kensington subject to the following conditions.

 

1.       The development must be implemented substantially in accordance with the plans numbered DA08B to DA24B, received by Council on 27 January 2009, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Fixed privacy screens must be installed to a height of at least 1.5m on the easterly aspect of the balconies for apartments numbered 1d, 7d, 13d, 12a and 20a. The privacy screens may be operable above a height of 1.5m.

 

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

 

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

 

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

 

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

     

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

 

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

 

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

 

8.       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.

 

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

 

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

 

10.     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.

 

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

 

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

 

12.     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.

 

13.     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.

 

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

 

·      Stormwater management (i.e. rainwater tanks)

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

·      Landscaping provisions

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

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

Contribution

Development Cost

More than $200,000

$12,173,469.00

1.0%

$121,734.69

 

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

 

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

 

Security Deposit Conditions

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

 

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

 

·      $2000.00    -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

Traffic conditions/Civil Works Conditions

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

 

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

 

·      Construct a heavy-duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site in Ascot Street.

 

·      Remove all redundant concrete vehicular crossings and layback and to reinstate the area with footpath and integral kerb and gutter to Council's specification.

 

·      Reconstruct the kerb and gutter along both site frontages except opposite the vehicular entrance to the site (including associated roadworks as required).

 

·      Reconstruct the existing Council footpath along both site frontages in accordance with Council’s Urban Design Guidelines for the Kensington Commercial Centre.

 

19.     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.

 

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

 

21.     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.

 

22.     To prevent vehicular conflict on the internal circulation ramp linking the basement 1 carpark and the basement 2 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.

 

23.     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.

 

24.     The driveway opening at the Ascot Street frontage must be 5.50 metres wide and located at least 1.5 metres clear of the side property.

 

25.     A Works Zone is to be provided in the vicinity of the site 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.

 

26.     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.

 

27.     To improve visibility at the intersection of Anzac Parade and Ascot Street, a minimum 3.0 metre x 3.0 metre splay corner shall be provided at ground level. There shall be no walls or planting higher than 600mm located within the splay corner.

 

28.     The minimum clear distance from the existing footpaths in Anzac Parade and Ascot Street to the underside of the proposed awning shall be 3.00 metres. The plans submitted for the construction certificate shall demonstrate compliance with this requirement.

 

29.     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.

 

30.     Upon completion of the construction of the awnings, certification of the structural adequacy of the awnings 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:

 

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

 

·      match the back of the existing footpath along both the Anzac Parade and Ascot Street site frontages.

 

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

 

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

 

33.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $1715 calculated at $44.00 (inclusive of GST) per metre of site frontage to Ascot Street. This amount is to be paid prior to a construction certificate being issued for the development. Change to ascot street only

 

Service Authority Conditions

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

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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 release of the plan of subdivision.

 

Drainage Conditions

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

 

40.     The floor level of all ground floor habitable and storage areas shall be at a minimum of 300mm above the calculated critical 1 in 100 year flood level for both the Anzac Parade and Ascot Street site frontages. The Construction Certificate plans must demonstrate compliance with this requirement. The critical 1 in 100 year flood levels for this site, based on the flood analysis prepared by Worley Parsons (dated 7/10/08) and submitted with this application are as follows:

 

·      The critical 1 in 100 year flood level for the Anzac Parade frontage at the northern boundary is 26.88 metres (AHD).

 

·      The critical 1 in 100 year flood level for the Anzac Parade frontage at the southern boundary (intersection of Anzac Parade and Ascot Street) is 26.68 metres (AHD).

 

·      The critical 1 in 100 year flood level for the Ascot Street frontage at the eastern boundary is 27.15 metres (AHD).

 

·      The critical 1 in 100 year flood level at the intersection of Ascot Street and Anzac Parade has been taken as 26.68 metres (AHD).

 

The applicant must contact Council’s Development Engineer to discuss Council’s requirements for protection of openings and habitable floor levels prior to lodgement of the Construction Certificate application.

 

41.     The proposed internal driveway must be designed with a high point at a minimum of 150mm above the calculated critical 1 in 100 year flood level for Ascot Street. The Construction Certificate plans must demonstrate compliance with this requirement. The critical 1 in 100 year flood levels for this site at the vehicular crossing, based on the flood analysis prepared by Worley Parsons (dated 7/10/08) and submitted with this application are as follows:

 

·      The critical 1 in 100 year flood level for the Ascot Street frontage at the eastern edge of the driveway opening is approximately 27.08 metres (AHD).

 

·      The critical 1 in 100 year flood level for the Ascot Street frontage at the western edge of the driveway opening is approximately 27.02 metres (AHD).

 

The applicant must contact Council’s Development Engineer to discuss Council’s requirements for protection of the basement carpark and the design of the internal driveway prior to lodgement of the Construction Certificate application.

 

42.     All windows, vents and other openings into the basement carpark (excluding the driveway opening) must be located at least 300 mm above the determined 1 in 100 year flood level. The Construction Certificate plans must demonstrate compliance with this requirement.

 

43.     All structural walls on the ground floor level shall be designed to structurally withstand hydrostatic pressure/stormwater inundation from floodwater during the probable maximum flood (PMF) event as defined in the Floodplain Management Manual (New South Wales Government, January 2001). Structural Engineering certification confirming that this condition has been complied with shall be submitted to the certifying authority prior to the issuing of a construction certificate.

 

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

 

44.     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 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.

 

·      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. 

 

·      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 (i.e. above the 1 in 20 year storm) to the proposed drainage system.

 

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

 

o  Roof areas

o  Paved areas

o  Grassed areas

o  Garden areas

 

·      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.

 

·      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.

 

·      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.

 

45.     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.

 

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

 

·      The underground drainage system in Anzac Parade, via a new and/or existing kerb inlet pit; OR

 

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

 

Notes:

 

·      All new kerb inlet pits shall be constructed in general accordance with Council’s standard drawing SD7a.

 

·      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.

 

47.     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.

 

48.     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.

 

49.     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.

 

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

 

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

 

·      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)

 

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

 

·      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

 

52.     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.

 

53.     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).

 

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

 

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

 

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

 

57.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

59.     Three covered car washing bays shall be provided for this development.

 

·      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 a construction certificate being issued for the proposed development.

 

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

 

·      The car washing bays must be signposted with ‘Exclusive Carwash Bay Use Sat 2:00pm – 5:00pm and Sunday 10:00am – 2:00pm, Visitor parking at other times’

 

·      The car washing bays must be constructed with a minimum 20mm bund around the perimeter of the car washing bays (or equivalent)

 

·      A water tap shall be located adjacent to the car washing bays.

 

60.     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).

 

61.     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.

 

62.     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:

 

·      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.

 

·      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.

 

63.     As the above site will encounter groundwater within the depth of the basement excavation, the basement carpark is to be suitably tanked and waterproofed. A Structural Engineer/Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard and a copy of the certification is to be forwarded to Council.

 

Notes:

 

·      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.

 

·      Adequate provision is to be made for the groundwater 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).

 

64.     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 (i.e. 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.

 

65.     Prior to lodgement of a Construction Certificate application the applicant must obtain from the Department of Natural Resources, 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 Natural Resources 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 Natural Resources’ 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.

 

66.              There shall be no disposal of groundwater to Council’s external stormwater during dewatering unless it is demonstrated to Council that the reinjection of all water during excavation and construction is not feasible. Should it be necessary to dispose of groundwater to Council’s drainage system, details 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:

 

67.     The residential waste storage area/s shall be sized to contain:

 

·      a compactor (with safe working area);

·      a total of 14 x 240 litre garbage bins; and

·      a total of 28 x 240 litre recycling bins.

 

The compactor shall be managed by a caretaker and shall be located in an area that is not accessible to residents. The plans submitted for the construction certificate shall demonstrate compliance with these requirements.

 

68.     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.

 

69.     The waste storage areas shall be clearly signposted.

 

70.     The commercial waste storage area shall be sized to contain a minimum total of 6 x 240 litre bins (3 x garbage bins and 3 x recycling bins) whilst providing satisfactory access to each of these bins.

 

71.     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; and details of any proposed compactor unit.

 

Landscape Conditions

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

 

72.     Detailed landscape drawings and specifications, (prepared in general accordance with the Landscape Concept Plans prepared by 360 Degrees), shall be submitted to, and be 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), and will include:

 

·      A site plan at an appropriate scale showing existing site boundaries, the existing street tree on Anzac Parade clearly shown for removal, 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, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

·      A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting, with all plants to be drawn at their mature size with a suitable mixture of appropriately selected and located groundcovers, plants, shrubs, accent or feature specimens and canopy trees.

 

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

 

·      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.

 

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

 

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

 

73.     The applicant shall meet all costs associated with upgrading the Anzac Parade and Ascot Street site frontages in accordance with Council’s Urban Design Guidelines for the Kensington Commercial Centre. All works carried out on Council property, shall be in accordance with Council’s requirements for Civil Works on Council property.

 

74.     A detailed streetscape plan for both the Anzac Parade and Ascot Street frontages showing proposed paving design, street furniture, 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.

 

Although Council has prepared a suburb-wide preliminary design for the upgrading of all footpath areas in the Kensington Commercial Centre, the applicant will still be required to liaise with Council’s Landscape Architect on 9399-0915, prior to preparation of the streetscape plan to obtain more detailed, site specific landscape design requirements.

 

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.

 

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

 

The applicant will be required to demonstrate that the system will be connected to the sites rainwater tanks, with backup connection the mains supply, in accordance with all current Sydney Water requirements.

 

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

 

77.     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.

 

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

 

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

 

79.     Prior to issuing a construction certificate for the development, a detailed site contamination investigation must be undertaken by an independent appropriately qualified environmental consultant in order to provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site.

     

The report is to be prepared in accordance with Council’s Contaminated Land Policy 1999 and relevant Guidelines made or approved by the NSW Department of Environment and Conservation (formerly EPA), including the Guidelines for Consultants Reporting on Contaminated Sites and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999.  Also, as detailed in the Planning Guidelines to SEPP 55 – Remediation of Land, the report is to assess the nature, extent and degree of contamination upon the land.  The detailed site contamination report must be sufficiently detailed and be submitted to and accepted by Council’s Manager of Health, Building & Regulatory Services prior to issuing a construction certificate for the development.

 

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

 

The written concurrence of Council must be obtained before a construction certificate is issued for the development.

 

·      Should the Detailed Site Investigation Report identify that the land is contaminated and the land requires remedial works to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999, the following matters must be complied with:

 

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

 

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

 

o  This RAP is to include procedures for the following:

 

§ Excavation of Hydrocarbon-contaminated soil,

§ Validation sampling and analysis,

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

§ Site management planning,

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

§ Unexpected finds.

 

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

 

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

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and Council must be consulted with prior to the development of the EMP. The presence of any EMP may be required to be included on the certificate of title.

 

The Site Audit Statement must be submitted to Council, prior to the issuing of a construction certificate for the development.

 

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

 

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

 

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

 

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

 

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

§ hazard identification and control

§ worker health & safety, work zones and decontamination procedures

§ cross contamination

§ site drainage and dewatering

§ air and water quality monitoring

§ disposable of hazardous wastes

§ contingency plans and incident reporting, and

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

 

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

 

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

 

o  The Environmental Consultant and Auditor, in their assessment of appropriate soil investigation levels, must take into account all environmental concerns (for example, the potential effects on wildlife) and the protection of ground and surface water.

 

o  Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works, and

 

o  Should any underground tanks be discovered they shall be removed in accordance with relevant NSW DEC/EPA Guidelines; Australian Institute of Petroleum’s (AIP) Code of Practice for the Design, Installation and Operation of Underground Petroleum Storage Systems (CP4-1998); and WorkCover NSW requirements. In the event of conflict between AIP Code of Practice and WorkCover requirements the latter shall prevail.

 

o  Any odours from excavated materials shall be mitigated by the use of an odour suppressant, such as Biosolve, and shall not give rise to an offensive odour as defined in the Protection of the Environment Operations Act 1997. Stockpiles shall also be covered and dampened down to reduce odour and dust impacts.

 

On-site land farming of contaminated soil is not permitted, except with the written approval of Council’s Manager of Environmental Health & Building Services.

 

o  All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

o  Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

o  Remediation work shall be conducted within the following hours:

 

§     Monday – Friday 7am – 5pm

§     Saturday             8am – 5pm

§     No work permitted on Sundays or Public Holidays

 

o  A sign displaying the contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access. This sign shall be displayed throughout the duration of the remediation works.

 

o  Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

 

In this regards, the written concurrence from Council’s Manager Health Building & Regulatory Services accepting the changed status and proposed actions regarding land contamination & groundwater contamination shall be obtained prior to finalising remediation works and/or an occupation certificate being issued.

 

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

 

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

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

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

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

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

 

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:

 

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

 

82.     Development consent is required to be obtained in relation to the specific ‘use’ of commercial tenancies/occupancies and ‘shop fit outs’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

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

 

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

 

85.     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.

 

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

 

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

 

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

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

·      Licensed premises, places of public entertainment and hotels

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

·      Premises which have a Cooling Tower or Warm Water System

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

 

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

 

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

 

88.     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.

 

89.     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.

 

90.     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.

 

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

 

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

 

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

 

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

 

·      give at least two days notice to the Council, in writing, of the person’s 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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

94.     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.

 

95.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

100.    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.

 

101.    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 s 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.

 

102.    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.

 

103.    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.

 

104.    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:

 

105.    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.

 

106.    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).

 

107.    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.

108.      

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.

 

109.    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 s 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.

 

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

 

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

 

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

 

111.    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

 

112.    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.

 

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

 

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

 

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

 

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

 

·      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.

 

·      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.

 

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

 

·      A 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:-

 

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

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

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

 

114.    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.

 

115.    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.

 

116.    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.

 

117.    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.

 

118.    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.

 

119.    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.

 

120.    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

122.    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:

 

123.    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.

 

124.    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).

 

125.    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.

 

126.    Sanitary facilities for employees, plus wash hand basin and paper towel dispenser or hand dryer and appropriate signage in accordance with Part F2 of the BCA, must be provided to the satisfaction of the Certifying Authority and details are to be provided in the Construction Certificate Application.

 

127.    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.

 

Waste Management

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

 

128.    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.

 

In accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 1994 (as amended) the Randwick has an approval role in relation to the lodged development application 112 - 124 Anzac Parade, Kensington.

 

129.    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 Planning Committee - 10 February 2009.

 

130.    General and Administrative Issues.

 

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

 

·      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.

 

·      The licensee shall allow (subject to Occupational Health and Safety Provisions) the Randwick 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 Randwick 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.

 

·      If a work is abandoned at any time the licensee shall notify the Randwick that the work has been abandoned and seal off the aquifer by such methods as agreed to or directed by the Randwick.

 

·      Suitable documents are to be supplied to the Randwick of the following:

 

o  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.

 

o  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.

 

o  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.

 

o  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.

 

o  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.

 

131.    Specific Conditions.

 

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

 

·      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.

 

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

 

·      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 Randwick 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.

 

·      Groundwater quality testing must be conducted (and report supplied to the Randwick).  Samples must be taken prior to the commencement of dewatering, (and ongoing to the satisfaction of the Randwick 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.

 

·      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 Randwick and the consent authority.

 

·      Discharge of any contaminated tailwater, if reinjection is proposed, must satisfy all requirements of the NSW Department of Environment and Climate Change and the Randwick.  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:

 

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

 

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

 

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

 

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

 

·      Written advice be provided from the Certifying Authority to the Randwick to certify that the following ground settlement issues have been addressed in reports submitted by the proponent:

 

o  Assessment by a suitably qualified geotechnical professional that the proposed 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.

 

o  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.

 

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

 

132.    Formal Application Issues.

 

·      An application must be completed on the prescribed form for the specific purpose of temporary construction dewatering and a licence obtained from the Randwick 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.

 

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

 

·      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).

 

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

 

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

 

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.       Construction cranes may be required to operate at a height significantly higher than that of the proposed controlled activity and consequently, may not be approved under the Airports (Protection of Airspace) regulations.

 

Sydney Airport Corporation Ltd advises that approval to operate construction equipment (i.e. cranes) should be obtained prior to any commitment to construct.

 

MOTION: (Procopiadis/Woodsmith) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D2/09        Development Application Report - 201-203 Beach Street, COOGEE NSW 2034 (da/510/2008)

PL4/09

RESOLUTION: (Andrews/Belleli)

 

That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/510/2008 for new balconies at the rear elevated ground and first floor levels of the building and re-instating a bay window on the northern side of the building at 201-203 Beach Street, COOGEE NSW 2034 subject to the following conditions:-

 

1.       The development must be implemented substantially in accordance with the plans numbered 28/08, dated 17 September 2008 and received by Council on 24 September 2008, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

ENVIRONMENTAL AMENTITY:

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

2.       The colours, materials and finishes of the external surfaces to the proposed deck, balcony and associated structures are to be compatible with the existing building & adjacent development to maintain the integrity and amenity of the building.

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

3.       A 1.6m high privacy screen shall be provided to the southern edge of the upper level balcony. The screen shall be configured and design with louvres/slates which are fixed at an angle in order to restrict outlook into the habitable living areas of the neighbouring properties to the south. Details of compliance are to be provided in the Construction Certificate plans.

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

4.       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.

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

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

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

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

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

Tree Management

8.       Irrespective of this application, the applicant must remove the Schefflera actinophylla (Umbrella Tree), located within the front yard, against the southern boundary, in the southwest corner of the site fronting Beach Street, as this species is recognised as an environmental weed in the Randwick LGA due to the ability of its seeds/berries to be consumed and spread by birds, and invade areas of native bushland.

9.       Approval is granted for removal of the following trees should the applicant wish, but will be subject to the planting of a replacement screen/hedge, along the length of the eastern boundary, selecting a more desirable and decorative evergreen species which will attain a minimum height of 3 metres at maturity, and is to be clearly nominated on the plans submitted for the construction certificate:

a)       Two Olea europaea (European Olives) in the rear yard, along the rear (eastern) boundary, in the northeast corner of the site.

NOTE: Should the applicant elect to retain the existing trees described above, then this condition will not apply.

10.     Permission is granted for the selective pruning of only those 2nd and 3rd order branches attached to the end of the southern most co-dominant leader from the Eucalyptus piperita (Sydney Peppermint), which is located in the rear yard of the adjoining property to the north, 199 Beach Street, in order to provide a satisfactory clearance between the tree and proposed works, both during the course of construction and upon completion.

11.     This approval does not imply any right of entry onto a neighbouring property nor does it allow pruning beyond a common boundary, with all pruning only to be undertaken by an Arborist who holds a minimum of AQF Level III in Arboriculture, and who is also a registered member of a nationally recognised organisation/association, with all pruning to be performed to Australian Standard AS 4373-1996 'Pruning of Amenity Trees.’

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

12.     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.

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

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

A copy of the construction certificate, the approved plans 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

15.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:-

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

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

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

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

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.

16.     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.

17.     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”.

18.     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.

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

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

20.     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.

21.     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.

Structural adequacy

22.     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 structural adequacy of the external decks, balustrading and stairways.

Construction site management

23.     Demolition work and the removal, storage, handling and disposal of building materials 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 Codes of Practice and Guidelines

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

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

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

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

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

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

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

d)     Asbestos waste must be 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.

e)     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.

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

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

25.     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.

26.     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.

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

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

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

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

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

e)       During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

f)       Public access to demolition/building works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

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

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

If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s 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.

g)       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.

h)       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.

i)        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, 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 container or other article.

Fire safety

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

1)       Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

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

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

4)       All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

5)       All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

29.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council (from the Principal Certifying Authority) which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

ADVISORY CONDITIONS

A1      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.

MOTION: (Andrews/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D3/09        Development Application Report - 58 Beach Street, Coogee (DA/1093/2007/A)

 

Note: Cr Tracey, having previously declared his interest, left the chamber and took no part in the debate or voting on this matter.

 

PL5/09

RESOLUTION: (Andrews/White)

 

A.        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/1093/2007/A for permission to undertake a Section 96(2) modification to enlarge the previously approved rear ground floor unit of the existing residential flat building at 58 Beach Street, Coogee in the following manner:

 

Amend Condition No 1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 0024/07 sheet 1 to 0024/07 sheet 3, dated 22/11/2007 and received by Council on 14 December 2007, the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered 0024/07 sheet 1 “issue A” to 0024/07 sheet 3 “issue A”, dated 22/11/2007 and received by Council on 27 October 2008, only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

Add Condition 43 to read:

 

The area above the proposed dining room shown as “turf area over new slab” must be non-trafficable and separated from the existing tiled balcony by a minimum height balustrade in accordance with BCA requirements. This area must be planted with a non-trafficable ground cover rather than turf. A suitable species shall be submitted to and approved by Council’s Director of City Planning prior to the issue of a construction Certificate.

 

MOTION: (Andrews/White) CARRIED - SEE RESOLUTION.

 

The DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Smith

Councillor Belleli

Councillor Woodsmith

Councillor Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Nash

 

Councillor Notley-Smith

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor White

 

 

 

Total (10)

Total (2)

 

 

D4/09        Development Application Report - 23 McKeon Street, Maroubra (DA/226/2008)

PL6/09

RESOLUTION: (Andrews/Belleli)

 

A.       That the Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 32 of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio, on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

and

 

B.       That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. 226/2008 for construction of two additional one bedroom units attached to the rear of an existing residential flat building at 23 McKeon Street, Maroubra, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans No. 1198/08, with sheet numbers 1, 2, 3, 4, 5 and 6 all dated April 2008, and received by Council on 1 December 2008, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the proposed addition are to be consistent with the colour and materials of the existing residential flat building.  Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3.       The windows linked to the dining room and kitchen in the north-west (W15 and W16) and south-east elevation (W20 and W21) shall be designed such that these windows have fixed opaque/translucent glazing to minimise the privacy impacts on the adjoining northern property. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       All existing windows shall remain intact and unchanged and shall be appropriately repaired and maintained as required to match the existing building façade. The proposed new door for the new balcony (to the living area of the existing upper floor dwelling unit facing McKeon Street) shall be constructed in timber and able to be opened in a concertina/foldable format consistent with and matching the overall existing building façade. Details shall be submitted to and approved by Council’s Director City Planning prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       Details of all fencing on site including all entrances and associated structures indicating compliance with Part 3.5 Fences of the Development Control Plan – Multi-unit Housing (page 32) shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

6.       Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" 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.

 

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

 

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

 

8.       External clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia. The external drying facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

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

 

9.       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.

 

10.     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.

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

13.     The consumption of water within the building shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

14.     External timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturer’s details.

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

15.     New hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

16.     A rainwater tank, of sufficient size to provide water for irrigation of all landscaped areas within the development is to be provided to the development in accordance with Council’s Rainwater Tank Policy.

 

The tank is to be located a minimum of 1.5m from the side boundaries and is to have a maximum height of 2.4metres. The tank is to be installed behind the front building line and is to be located at ground level and be incorporated into the relevant construction certificate and landscape plans, to the satisfaction of the Certifying Authority.

 

The noise level from the pump is not to exceed 5dBA above ambient background noise, measured at the property boundary and the pump must not be audible within any dwelling located upon any other premises between 10pm and 8am.

 

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

 

Landscaped areas must include an area and facilities dedicated for onsite composting and porous paving should also be used in all pathways, wherever practicable, to maximise on-site absorption of rainwater and details are to be provided on the landscape plans. Details of the proposed landscaping are to be included with the construction certificate application.

 

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

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development Cost

More than $200,000

$ 180,000.00

1.0%

$ 1,800.00

 

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

 

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

 

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

 

19.     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.

 

 

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

 

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

 

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

 

21.     Detailed drainage plans shall be submitted to and approved by the certifying authority prior to the issue of a construction certificate. The drainage plans shall demonstrate compliance with the conditions of this development approval.

 

22.     Stormwater runoff from the site shall be discharged either:

 

(a)      To the kerb and gutter along the site frontage by gravity (without the use of a charged system); OR

 

(b)      Through a private drainage easement(s) to Council’s kerb and gutter (or underground drainage system); OR

 

(c)      To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site. Infiltration systems shall be located a minimum 2.1 metres from any side or rear boundary and 3 metres from adjoining structures.

 

Prior to the use of infiltration in rear draining lots (where there is no formal overland escape route to Council’s kerb and gutter/street drainage system),  a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

NOTE: Should the applicant be unable to obtain a private drainage easement over properties to the rear of the development site (to facilitate stormwater discharge in accordance with option b)); and ground conditions preclude the use of infiltration (Option c), consideration may be given to the use of a charged system or a pump out system to drain that portion of the site that cannot be drained by gravity to the kerb and gutter at the front of the property.

 

23.     Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

24.     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 required 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 Randwick City Council's Stormwater Code.

25.     All pump out water must pass through a stilling pit prior to being discharged by gravity to the kerb and gutter.

 

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

 

26.     Prior to the credited certifier issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the additional units.

 

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

 

27.     The landscaped areas shown on plan number 2165L dated 28/03/2008 by Cedar Surveying Services shall be the subject of detailed landscape drawings and specifications, which are to be submitted to, and approved by, the Director City Planning, 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) and shall include, but not be limited to, the installation of appropriate mature plantings along the rear south-western boundary to a sufficient height to screen overlooking of the adjoining property to the south-west.

 

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

 

Regulatory

 

28.     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.

 

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

 

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

 

A copy of the construction certificate, the approved plans 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

 

31.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:-

 

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

 

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

                                        

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

 

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

 

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.

 

32.     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.

 

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

 

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

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

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

 

34.     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.

 

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

 

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

 

36.     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.

 

37.     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.

 

38.     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.

 

Structural adequacy

 

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 structural adequacy of the building.

 

Construction site management

 

40.     Demolition work and the removal, storage, handling and disposal of building materials 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

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

·           WorkCover NSW Codes of Practice and Guidelines

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

 

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

 

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

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

d)     Asbestos waste must be 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.

 

e)     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.

 

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

 

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

 

42.     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.

 

43.     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).

 

44.     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.

 

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

 

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

 

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

 

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

 

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

 

e)     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)      Public access to demolition/building works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

i)      If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s 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.

 

j)      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.

 

k)     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.

 

l)      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, 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.

 

Fire safety

 

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

 

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

1)     Provide a self-closing tight-fitting solid-core timber door to the entry of each sole-occupancy unit in accordance with clause C3.11 of the BCA,

 

2)     The ceilings throughout the top-floor level of the building (including stairway and corridor/s) are to be provided with material having a resistance to the incipient spread of fire to the roof space above, of not less than 60 minutes, or alternatively, provide a ceiling having a resistance to the incipient spread of fire to the space below of not less than 60 minutes to the top of the stairway and corridor/s and interconnect the smoke alarms located within the sole occupancy units located throughout the top-floor level and the stairway and corridor/s,

 

3)     Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

4)     Provide emergency lighting system to the common stairway and corridor/s, in accordance with clause E4.2 & E4.4 of the BCA,

 

5)     Provide a portable fire extinguisher adjacent to the electrical switchboard, in accordance with clause E1.6 of the BCA,

 

6)     Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

 

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

 

8)     The main entry/exit door is to be provided with a ‘hold-open’ device, or swing in the direction of egress, to facilitate people seeking egress from  the building in the event of an emergency,

 

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

 

b)     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

c)     All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

48.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

Advisory Conditions

 

A1.     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.

 

MOTION: (Andrews/Belleli) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

D5/09        Development Application Report - 15 Moira Crescent, Coogee (DA/582/2008)

PL7/09

RESOLUTION: (Andrews/Belleli)

 

That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No.DA/582/2008 for permission to undertake alterations & additions to an existing residential flat building to convert the existing 2 units into a total of 5 units and provide 5 parking spaces at 15 Moira Crescent, Coogee subject to the following conditions:

 

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

 

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

 

Title

Dwg. No

Revision Date

Received by Council

Lower ground floor plan

RC280401 – DA200/B

24/10/2008

27 Oct 2008

Ground floor plan

RC280401 – DA201/B

24/10/2008

27 Oct 2008

First floor plan

 

RC280401 – DA202/B

24/10/2008

27 Oct 2008

Roof & site plan

RC280401 – DA203/B

24/10/2008

27 Oct 2008

Elevations

RC280401 – DA300/B

24/10/2008

27 Oct 2008

Elevations

RC280401 – DA301/B

24/10/2008

27 Oct 2008

Sections

RC280401 – DA302/B

24/10/2008

27 Oct 2008

Sections

RC280401 – DA303/B

24/10/2008

27 Oct 2008

 

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

 

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

 

2.       Repointing of mortar joints of the original face and common brickwork is to be carried out in conjunction with the proposed development.  A tradesperson suitably qualified and experienced in such work shall be engaged to oversee the carrying out of repairs.

 

3.       The blocking up of existing windows in the south east side elevation is to be carefully carried out in order to match existing brickwork as closely as possible in terms of brickwork and mortar colour. 

 

4.       The layout of the ground and first floors of the existing building are to incorporate beams projecting below ceiling level, as evidence of the original layout of the building and facilitate retention of existing ceilings.

 

5.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the existing building and surrounding buildings in the heritage conservation area.  Details of the proposed colours, materials and textures (i.e.- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

6.       Details of the proposed paint scheme are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Unpainted surfaces, eg- brickwork/stonework are to remain unpainted.

 

7.       The south-west facing kitchen windows shall be fitted with translucent glass or have their sill heights raised to a minimum of 1.6m above FFL. Details of compliance are to be included in the documentation lodged with the construction Certificate application.

 

8.       Street numbering must be provided to the premises in a prominent position, to the satisfaction of Council.

 

In this regard, prior to occupation of the building, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of an appropriate street number/s to the development.

 

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

 

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

 

11.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost

More than $200,000

$987,250

1.0%

$9,872

 

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.

 

17.     Details of critical stage inspections carried out by the principal certifying authority, together with any other certification relied upon, must be provided to Council or the accredited certifier prior to the issuing of a subdivision certificate.

 

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

 

18.     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.

 

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

 

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

 

A copy of the construction certificate, the approved plans 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

 

21.     Prior to the commencement of any building or fire safety works, the person having the benefit of the development consent must:-

 

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

 

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

                                        

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

 

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

 

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.

 

22.     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.

 

23.     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”.

 

24.     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.

 

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

 

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

 

26.     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.

 

27.     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.

 

28.     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.

 

Structural adequacy

 

29.     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 structural adequacy of the building, including external balconies and balustrading to the external balconies.

 

Construction site management

 

30.     Demolition work and the removal, storage, handling and disposal of building materials 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

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

·           WorkCover NSW Codes of Practice and Guidelines

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

 

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

 

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

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS2601-2001, Demolition of Structures.

 

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

 

d)     Asbestos waste must be 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.

 

e)     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.

 

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

 

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

 

32.     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.

 

33.     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).

 

34.     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.

 

35.     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.

 

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

 

·            excavations for new buildings, additions to existing buildings which are proposed to be located within the zone of influence of the footings of a building located upon an adjoining  premises,

·            excavations for new buildings, additions to existing buildings which are within rock and may result in vibration and or potential damage to any building located upon an adjoining  premises,

·            as otherwise required by the Principal Certifying Authority.

 

The report (including photographs) is required to detail the current condition and status of the relevant building/s located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

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

  

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

 

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

 

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

 

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

 

e)     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by the NSW Department of Housing. Sediment and erosion control measures must be implemented prior to the commencement of any site works and be maintained throughout construction. 

 

f)      Public access to demolition/building works, materials and equipment on the site is to be restricted and a temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

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

 

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

 

i)      If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s 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.

 

j)      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.

 

k)     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.

 

l)      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, 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.

 

 

Fire safety

 

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

 

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

 

1)       Provide a -/60/30 fire door set, with a self-closing device, to the   front entry of each sole-occupancy unit, opening to the internal stairway, in accordance with clause C3.11 of the Building Code of Australia (BCA),

 

2)       The ceilings throughout the top-floor level of the building (including stairway and corridor/s) are to be provided with material having a resistance to the incipient spread of fire to the roof space above, of not less than 60 minutes, or alternatively, provide a ceiling having a resistance to the incipient spread of fire to the space below of not less than 60 minutes to the top of the stairway and corridor/s and interconnect the smoke alarms located within the sole occupancy units located throughout the top-floor level and the stairway and corridor/s, or, each sole-occupancy unit and the common stairway/corridor located in the top-most storey must be separated from each other with material having a -/60/60 fire resistance level (FRL)

 

3)       Install a smoke detection and alarm system throughout the building in accordance with specification E2.2a of the BCA,

 

4)       Provide emergency lighting system to the common stairway and corridor/s, in accordance with clause E4.2 & E4.4 of the BCA,

 

5)       Provide an exit sign to the main entrance doorway , in accordance with clause E4.7 of the BCA,

 

6)       Provide a portable fire extinguisher within the building  adjacent to any electrical switchboard, in accordance with clause E1.6 of the BCA,

 

7)       Remove any timber enclosure located below the common stairway so that it is fully open at all times. Alternatively, the enclosure must be provided with material having a -/60/60 fire resistance level (FRL) and a -/60/30 fire-door set with a self-closing device,

 

8)       Provide a non-combustible enclosure (i.e. a metal cabinet) with seals to prevent the passage of smoke to electricity meters and switchboard located in corridors, exits and within stairways etc,

 

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

 

10)     The floors/ceilings separating the  residential units throughout the building shall be upgraded to achieve reasonable levels of fire separation and sound transmission, having regard to the relevant provisions of the Building Code of Australia and details are to be submitted to and approved by Council prior to commencement of the works,

 

11)     The main entry/exit door is to be provided with a ‘hold-open’ device, or swing in the direction of egress, to facilitate people seeking egress from  the building in the event of an emergency,

 

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

 

a) All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

b) All of the fire safety upgrading works and new building work must be detailed in the Construction Certificate for the development.

 

39.     The fire safety upgrading works must be carried out prior to issuing of an Occupation Certificate for the development and written confirmation must be provided to Council (from the Principal Certifying Authority) which confirms that all of the upgrading works have been carried out in accordance with the conditions of consent.

 

40.     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 EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant adopted acoustic report and s), to the satisfaction of Council.

 

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

 

41.     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.

 

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

 

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

 

a)  Remove the existing vehicular crossing and layback and to construct a new full width concrete heavy duty vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)  Reconstruct the kerb and gutter for the full site frontage except opposite the vehicular entrance and exit points.

 

c)  Carry out a full depth, minimum 1.0 metre wide, road construction in front of the kerb and gutter along the full site frontage.

 

d)  Reconstruct the concrete footpath along the full site frontage.  Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

e)  Regrade/lower the naturestrip in Moira Crescent, immediately adjacent to the drainage reserve/accessway, to direct any stormwater overland flow from the low point drainage pit in Moira Crescent into the drainage reserve.

 

43.     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.

 

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

 

45.     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.

 

46.     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.

 

47.     The driveway opening at the Moira Crescent frontage must be a minimum of 3.6 metres wide and located at least 0.5 metres clear of the side property.

 

48.     A Works Zone is to be provided in Moira Crescent 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.

 

Prior to the issuing of an occupation certificate those sections of the western, (rear) boundary fence and the northern boundary fence that are located adjacent to the vehicle manoeuvre areas, (as shown on drawing DA 200 Issue B) must be suitably strengthened / reinforced so as to minimise the possibility of driver error leading to vehicles going into the reserve or properties fronting Ritchard Avenue, (i.e. 50 and 52-54 Ritchard Avenue). As a minimum the subject reinforced fencing shall extend along the rear boundary from carspaces 01/02 to the reserve; and along the northern boundary from the rear boundary to a suitable point past carspace 04. The reinforced fencing shall be designed by a suitably qualified engineer who shall, at the completion of works, certify that the fencing has been installed in accordance with the design specification.

 

The applicant must liaise with Council’s Development Engineer Coordinator to obtain Council’s requirements for the reinforced fencing prior to lodgement of a Construction Certificate for this development. Details of the proposed strengthened / reinforced fencing must be submitted to the Certifying Authority for approval, and be approved, prior to the issuing of a Construction Certificate.

 

49.     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.

 

50.     The proposed carspaces shall be allocated such that each unit has one carspace.  Prior to the issuing of a construction certificate the applicant shall submit to the Certifying Authority for approval, and have approved, a detailed parking management plan covering the allocation and use of the proposed carstacker units. The parking management plan shall include the following as a minimum:

 

§ Details of the parking allocation;

§ Manufacturer specifications and instructions for operation of the carstackers;

§ Details of manual operation of the carstackers in the event of power/mechanical failure;

§ Maintenance schedules for the carstackers;

§ Waiting and working times for the car stacker and

§ Safety and training requirements for the use of the carstackers.

 

The approved parking management plan must be forwarded to Council, (should Council not be the Certifying Authority), prior to the commencement of any site construction works.

 

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

 

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

 

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

 

52.     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.

 

53.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $400 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

54.     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.

 

55.     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.

 

56.     Mailboxes are to be provided in accordance with Australia Post requirements. Details of compliance are to be shown on the drawings lodged with the construction certificate application.

 

57.     Electrical reticulation is to be underground from the street and in accordance with Energy Australia requirements. Details of compliance are to be shown on the drawings lodged with the construction certificate application.

 

58.     Reticulated gas (if available in the street) is to be supplied to a meter for each unit with service points for heating and cooking in each unit. Details of compliance are to be shown on the drawings lodged with the construction certificate application.

 

59.     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.

 

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

                                         

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

 

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

 

61.     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.

 

62.     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.

 

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

 

63.     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, and 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 (i.e. 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.

 

64.     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.

 

65.     The proposed balcony for Unit 01, (lower ground floor), must be suitably designed to minimize the potential for any stormwater overland flow passing down the driveway to enter the unit. Details of how it is intended to restrict possible stormwater flow into Unit 01 shall be submitted for approval with the Construction Certificate Application.

 

66.     All site stormwater must be discharged (by gravity) to the stormwater drainage pipeline located within the drainage reserve / accessway located to the north of the development site, (i.e. the pipeline located between 11 and 15 Moira Crescent). The applicant must liaise with Council’s Development Engineer Coordinator to obtain Council’s requirements for connection of the internal drainage system to this pipeline prior to the issuing of a Construction Certificate. The Construction Certificate plans must demonstrate compliance with Council’s requirements.

 

67.     Onsite stormwater detention must be provided for the redeveloped portion of the site to ensure that the maximum discharge from the redeveloped portion of the 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.

 

68.     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.

 

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

 

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

 

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

 

a)   150mm in uncovered carparking areas (with an isolated maximum depth of 200mm permissible at the low point pit within the detention area)

b)   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)

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

d)   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

 

72.     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.

 

73.     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).