Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 24 March 2009

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

24 March 2009

 

 

 

 

 

 

 

 

 

 

 

 

17 March 2009

 

 

Ordinary Council Meeting

 

 

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

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Ordinary Council Meeting - 24 February 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

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

 

Urgent Business

Director City Planning Reports

CP6/09      16A Melody Street, Coogee

CP7/09      54 Mount Street, Coogee

CP8/09      212 Arden Street, Coogee

CP9/09      13-17 Botany Street, Randwick

CP10/09    32 Cooper Street, Maroubra

CP11/09    508-510 Bunnerong Road, Matraville

CP12/09    Progress Report: Proposed Joint Venture Affordable Housing Project at 64-66 Minneapolis Crescent, Maroubra

CP13/09    LEP Issue Paper for Malabar Headland

 

General Manager's Reports

 

GM7/09     Affixing of the Council Seal

GM8/09     Review of Randwick City Council's Organisational Structure

GM9/09     Update outcomes - Councillors November 2008 workshop

GM10/09    Council Response to ICAC Recommendations Concerning Wollongong Council

GM11/09    Equal employment opportunity policy and plan 2008 - 2009

 

Director City Services Reports

 

Nil

 

Director Governance & Financial Services Reports

 

GF12/09    Investment Report - February 2009

GF13/09    Flying of Flags Policy - Adoption by Council

GF14/09    Draft Economic Development Strategy 2009

GF15/09    Internal Reporting System - Protected Disclosures Act

GF16/09    Request to Allocate Commonwealth Stimulus Funding to Vocational Training  

 

Petitions

 

Motion Pursuant to Notice

 

NM12/09    Motion Pursuant to Notice by Cr Bowen - Anti Social Behaviour - Coogee

NM13/09    Motion Pursuant to Notice by Cr Procopiadis - Support for Aerial Shark Patrol

NM14/09    Motion Pursuant to Notice by Cr Matson - Assessment of Increasing the Degree of Permeable Landscaping Required in Council's LEP

NM15/09    Motion Pursuant to Notice by Cr Matson - Proposed Re-incorporating of Excised Land Area Back into the Randwick Environment Park

NM16/09    Motion Pursuant to Notice by Cr Matson - Reduction of Verge Maintenance Costs Via Low-Impact Plantings  

 

Confidential

 

GM12/09    Application to the Licensing Court for premises at 48-58 Maroubra Road, Maroubra to be known as "1st Choice Liquor Superstore".

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

 

CS6/09      Randwick Branch Library Refurbishment – T19/08

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

  

Notice of Rescission Motion

NR1/09      Notice of Rescission Motion by Councillors Procopiadis, Tracey & White - Ordinary Council Meeting 24 February, 2009 - Director City Services' Report CS1/09 - McNair Avenue, Kingsford - Proposed Footpath  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

24 March 2009

 

 

 

Director City Planning Report No. CP6/09

 

 

Subject:                  16A Melody Street, Coogee

Folder No:                   DA/964/2007/A

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Section 96(2) modification for widening of the garage entry, minor reconfiguration of the window openings and internal floor layout, addition of a spa pool, adjustments to the swimming pool setback, provision of additional timber decking adjacent to the pool, and removal of brick infill and cement rendering of the front fencing.

Ward:                      East Ward

Applicant:                S Willis & D Willis

Owner:                         S Willis & D Willis

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject Section 96 modification application is referred to the Ordinary Council Meeting as the original development proposal was determined by the same meeting in August 2008.

 

The current proposal is made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. 964/2007. The proposal is for widening of the garage entry, minor reconfiguration of the window openings and internal floor layout, addition of a spa pool, adjustments to the swimming pool setback, provision of additional timber decking adjacent to the pool, and removal of brick infill and cement rendering of the front fencing.

 

The original Development Consent No. 964/2007 is for alterations and additions to an existing semi-detached dwelling house, including construction of a new first floor level, rear decks, a single garage and an in-ground swimming pool. The application was approved subject to the deferred commencement condition that requires additional details relating to the parking and access design being submitted to Council’s satisfaction.

 

The application was notified from 15 to 29 January 2009 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received.

 

The site is identified as being within Zone No. 2B (Residential B Zone) under Randwick Local Environmental Plan 1998. The modified proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential B Zone, in that the development will improve the amenity and functionality of an existing semi-detached dwelling.

 

The proposal does not result in any significant changes to the approved built form, envelope, height or landscaped open space provision. The modified development is considered to satisfy the provisions of the Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

The application has included a traffic report and an acoustics assessment statement. It has demonstrated that the design of the turntable and dimension of the garage will enable satisfactory manoeuvring of a standard private vehicle. The proposed parking facility is an improvement to the existing situation where no off-street parking space is provided for the site. Council’s Development Engineer has assessed the revised parking design and raised no objections on engineering or safety grounds.

 

The submitted acoustics statement has justified that the widened garage door and associated motor system would not generate significant additional noise beyond the level expected from the original approved development. Conditions 49 and 51 of the consent stipulate that the operation of all plant and equipment shall not give rise to an offensive noise or vibration nuisance to the adjoining properties. An additional condition is recommended to require further acoustics reporting to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate. This is to confirm that the proposed plant and equipment for the parking facilities comply with relevant industry noise standards. Subject to the above conditions, it is considered that the amenity of the adjoining properties will be satisfactorily protected.

 

The proposed modifications satisfy the matters for consideration under Sections 79C and 96 of the Environmental Planning and Assessment Act 1979, as amended.

 

The proposed modifications satisfy the relevant legislation, State policies and Local planning controls, and are recommended for approval subject to additional and amended conditions to the original consent.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 6 in DP 224982, No. 16A Melody Street, Coogee. The site is located on the western side of Melody Street, between Alison Road and Abbott Street. The land slopes from the north-east to the south-west with a cross fall of 2.31m (from RL 30.38m to RL 28.07m). The dimension and land area of the site are summarised in the table below:

 

Allotment boundary

Length

Land area

Northern, side boundary

56.91m

 

Southern, side boundary

56.915m

 

Eastern, street boundary

6.73m

 

Western, rear boundary

6.68m

 

 

 

379.8m2

 

At present, the site is occupied by a part one- and part two-storey semi-detached residence of brick and tiled roof construction. There is a timber deck attached to the rear elevation of the dwelling.

 

Immediately adjoining the site to the north (No. 16 Melody Street) is a part one- and part two-storey semi-detached dwelling house, which has recently been refurbished and extended pursuant to Development Consent DA/842/1999.

 

The site is adjoined to the south (No. 18 Melody Street) by a single-storey semi-detached cottage. A 2.745m wide right of carriageway has been created, which provides reciprocal rights of access for both Nos. 16A and 18 Melody Street (0.915m of the aforementioned right of carriageway is located within No. 16A, whilst the remaining 1.83m is located within No. 18). The right of carriageway exists to allow residents of both dwellings to access their respective allotments and does not offer exclusive ownership of the land to either property.

 

The locality consists of a mixture of detached, semi-detached and multi-unit residential developments.

 

3.      The Proposal

 

The subject proposal is made pursuant to Section 96(2) of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 964/2007. The proposal includes the following amendments to the approved development:

 

·      Widening of the garage entry from 5.85m to 7.55m.

·      Increase in the garage floor level from RL 28.500m to RL 28.550m in order to reduce the ramp gradient of the transition slab between the right of way and the garage floor.

·      Increase in the dimension of the garage.

·      Minor reconfiguration of the internal floor layout.

·      Minor reconfiguration of window openings.

·      Addition of a spa pool and adjustments to the setback of the swimming pool.

·      Provision of additional timber decking adjacent to the swimming pool.

·      Removal of the brick infill in the existing front fencing and replacement with galvanised steel bars. Cement rendering of remaining brickwork of the fence.

 

4.      Site History

 

4.1    Previous development consent relevant to the site

On 26 August 2008, Council at its Ordinary Meeting granted approval by deferred commencement for alterations and additions to an existing semi-detached dwelling, including construction of a new first floor level, rear decks, a single garage, an in-ground swimming pool and associated landscape works on the subject site. The consent was subject to a set of deferred commencement conditions, which are extracted as follows:

 

Deferred Commencement Condition

The consent is not to operate until the following information/materials/amendments have been submitted to, and approved by, Council’s Director of City Planning:

 

1.     Prior to issuing development consent for the proposed garage with turntable, the applicant is to submit to Council for approval, and have approved, full design details demonstrating that there are sufficient clearances, together with manoeuvring areas, for standard vehicles to use the turntable as proposed.

 

The applicant must submit the following details, as a minimum, for approval by Council:

 

§  Garage Plan showing turntable dimensions and clearances.

§  Vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§  Letter from the vehicle turntable manufacturer stating that the garage and turntable proposed by the applicant will supply satisfactory clearances for vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§  Turning paths from the Right of Way into the proposed garage and from the proposed garage out onto the Right of Way using turning path for B85 Design Template -5.8m radius. (See figure B5 of AS/NZS 2890.1:2004).

§  Details and extent of any level changes to the Right of Way so as to provide access to the proposed garage.

 

Evidence required to satisfy the above conditions must be submitted to Council within 12 months of the date of this consent.

 

4.2    Plan amendments

On 16 October 2008, the applicant submitted a traffic report, vehicle swept path templates and amended drawings with an attempt to satisfy the above deferred commencement conditions. The revised plans indicate that the garage opening will need to be widened from approximately 5.85m to 7.55m, in order to allow efficient manoeuvring of vehicles into and out of the parking space.

 

Council’s Development Engineers have reviewed the detailed design and advised that a vehicle will require a reverse three-point turn in order to exit the garage onto the right of carriageway in a forward direction. Nevertheless, the proposed parking facility is an improvement to the existing situation and is supportable on engineering grounds.

 

In relation to the design of the garage entry, the amended scheme is not considered to be substantially the same development for which the original consent was granted. The revised proposal is also considered to have implications on the acoustic and visual amenity of the adjoining dwelling at No. 18 Melody Street, due to the widened garage entry and pane lift door as well as the required motor equipment to drive the door movements.

 

On 27 November 2008, Council provided written advice to require the submission of a Section 96(2) application that includes the following information:

 

·      Scaled architectural drawings, including lower ground floor plan, southern elevation and section, to fully describe the works in question.

·      Manufacturer’s specifications, including information relating to noise generation from the pane lift door, motor and turntable.

·      An acoustics report that provides independent assessment of the expected noise generation by the garage facilities and measures for minimising noise emission.

·      Revised gross floor area (GFA) and floor space ratio (FSR) calculations.

 

The subject Section 96(2) application was submitted to Council on 17 December 2008. The application does not provide any information relating to the expected noise generated from the folding actions of the roller door, which is over 7m in width, and cumulative noise impacts from the door, turntable and motor. Therefore, a further request was made on 27 January 2009 for the submission of the following additional information:

 

An acoustics report, prepared by a suitably qualified and experienced consultant, which includes the following details:

 

·      Identification of all noise sources associated with the proposed garage facility.

·      Assessment of the expected noise emission from the garage facility in question.

·      Recommendations on appropriate design measures to ensure compliance with relevant acoustics criteria.

 

An acoustics assessment statement, prepared by RSA Acoustics, dated 23 February 2009, was submitted to Council on 24 February 2009.

 

5.      Community Consultation

 

The subject application was notified from 15 to 29 January 2009 to 24 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

6.      Technical Officers Comments

 

Development Engineers

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

 

An application has been received to modify development consent for alterations and additions, including a new in-ground swimming pool, decking and associated works.

 

This report is based on the following plans and documentation:

·         Plans by Form Architecture, drawing numbers S96/01A-05A, dated 09.12.08.

·         Plans (SP1-4) & Letter from Transport & Traffic Planning Assoc dated 13.10.08.

·         Copy of letter from Bruno Davino at Delta-Warringah Garage Doors dated 1.12.08

 

The modifications relate to increasing the proposed garage configuration and its door opening as well as raising the garage slab to RL 28.550. These modifications are required so as to meet Council’s Deferred Commencement Condition so as to comply.

 

There are also minor modifications to the lower ground floor, windows on level 1 & 2 and slight increase in pool size.

 

The assessing officer is advised that the proposed amendments to the basement garage will see the compliance with the Deferred Commencement Condition which reads as follows:

 

Prior to issuing development consent for the proposed garage with turntable the applicant is to submit details for approval and have approved by Council requirements which demonstrate that there is sufficient clearances for standard vehicles using the turntable within the garage as well as acceptable turning paths for standard vehicles entering and exiting the Right of Way to and from the proposed garage.

 

The applicant shall submit the following details:

 

§    Garage Plan showing turntable dimensions and clearances.

§    Vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§    Letter from the vehicle turntable manufacturer stating that the garage and turntable proposed by the applicant will supply satisfactory clearances for vehicle base dimensions for B85 template (AS/NZS 2890.1:2004).

§    Turning paths from the Right of Way into the proposed garage and from the proposed garage out onto the Right of Way (using turning path for B85 Design Template -5.8m radius. See figure B5 of AS/NZS 2890.1:2004).

 

Details and extent of any level changes to the Right of Way so as to provide access to the proposed garage.

 

The Deferred Commencement Condition can be either be considered as being complied with or deleted from the development consent due to compliance with condition via the S96 plans submitted.

 

7.      Master Plan Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 379.8m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998

The site is identified as being within Zone No. 2B (Residential B Zone) under Randwick Local Environmental Plan 1998. The modified proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will improve the amenity and functionality of an existing semi-detached dwelling, which is compatible with the desired character of the locality.

 

8.2    Draft Randwick Local Environmental Plan 2008

The modified development is consistent with the general aims and objectives of the Draft Randwick Local Environmental Plan 2008.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The original development application was accompanied by a BASIX Certificate. The proposed modifications do not significantly alter the approved building envelope, floor space or landscaped area provision on the site. Therefore, no amended BASIX Certificate is required for the subject application.

 

9.      Policy Controls

 

9.1    Development Control Plan – Dwelling Houses and Attached Dual Occupancies

The DCP for Dwelling Houses and Attached Dual Occupancies is applicable to the proposed modifications. The relevant provisions of the DCP are addressed as follows:

 

Landscaped area

The approved proposal provides 44.1% of the site or 167.6m2 as landscaped areas. The proposed modifications will not alter the above landscaped area provision.

 

The approved development will reserve 25.2% of the site or 95.9m2 as permeable, soft landscaped surfaces. The proposal will increase the amount of timber decking adjacent to the swimming pool and will reduce soft landscaped areas to 24.2% of the site or 91.8m2. Notwithstanding, the modified development still exceeds the preferred solution of the DCP (being 20% of the site) and is considered satisfactory.

 

Floor area

The preferred solution for an allotment of 379.8m2 in area is an FSR of 0.6:1, which equates to 227.9m2 gross floor area. The approved proposal has an FSR of 0.60:1 or 227.0m2 GFA.

 

The modification will increase the GFA to 230.7m2, which equates to 0.61:1 FSR. The modified development will result in a non-compliance with the DCP preferred solution by 2.8m2 or 0.01:1. The increase in floor space is attributed to the reconfiguration and expansion of the garage areas and the alterations to the internal layout.

 

Notwithstanding, the approved building envelope, footprint and height will not be altered as a result of the modifications. The degree of the non-compliance with the preferred solution is minor in nature and is considered to be satisfactory.

 

Height, form and materials

The proposed modifications will not alter the approved building envelope, footprint and height of the building.

 

Setbacks

The proposed swimming pool was approved to be setback 2.7m from the northern side boundary. The modification will increase the size of the swimming pool and marginally reduce the northern setback to 2.2m. Notwithstanding, the side and rear boundaries of the site will continue to be screened by 1.8m high masonry fencing. It is considered that the reduction in setback and increase in swimming pool size will not result in significant adverse impacts on the amenity of the adjoining neighbours.

 

Visual and acoustic privacy

The proposal includes reconfiguration of the window openings as part of the detailed design process.

 

It is noted that the original louvre windows on the western (rear) elevation on both ground and first floor levels have been deleted. These changes are considered to improve the privacy of the adjoining property to the north at No. 16 Melody Street by reducing overlooking and noise transmission.

 

The proposal will reduce the size of window openings attached to the southern elevation of the front portion of the dwelling. In addition, the existing Conditions 10 and 13 of the consent will continue to ensure the south-facing windows on the upper levels are either constructed of obscured glazing or installed with external privacy screens. Therefore, it is considered that the amenity of the adjoining property at No. 18 Melody Street will not be compromised.

 

Garage

The modification drawings indicate that the garage opening will be widened from approximately 5.85m to 7.55m, in order to allow efficient manoeuvring of vehicles into and out of the parking space.

 

The widened garage entry will be setback 21.75m from the front boundary of the site, and will not be prominently visible from the street. Therefore, the modified parking design is not considered to result in detrimental streetscape impacts.

 

The garage is oriented towards and visible from the ground floor living room and kitchen windows of No. 18 Melody Street. In the typical development scenario, the ground floor side windows of dwelling houses would look onto boundary fencing, solid walls or windows of the adjoining properties. In this instance, the widened garage entry door is not considered to detrimentally impact on the outlook of the living room and kitchen windows in question, as no significant views are currently afforded to those windows. The outlook onto a blank doorway is not significantly different from that of fencing or blank wall structures from a visual amenity perspective.

 

The potential noise impacts as a result of the revised parking design are addressed under the “Environmental Assessment” section of this report.

 

Fences

The proposal involves removal of the brick infill in the existing front fencing and replacement with galvanised steel bars. The remaining brickwork of the fence will be cement rendered and painted to match the proposed works. It is considered that the modified fencing will improve casual surveillance of the public domain and streetscape amenity.

 

Solar access and energy efficiency

The proposed modifications will not exacerbate overshadowing on the adjoining properties.

 

9.2    Development Control Plan – Parking

The current application has included a traffic report prepared by Transport and Traffic Planning Associates, numbered M68/08 and dated 13 October 2008. Vehicular swept path templates are attached to the report.

 

The proposed design allows a vehicle to enter the garage in a single forward movement. A vehicle will require a three-point reversing movement in order to exit the garage onto the right of way in a forward direction. Council’s Development Engineer has assessed the above turning arrangement and raised no objections on engineering or safety grounds.

 

The design of the turntable and dimension of the garage will enable satisfactory manoeuvring of a standard private vehicle. The proposed parking facility is an improvement to the existing situation where no off-street parking space is provided.

 

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

 

9.3    Section 94A Development Contributions Plan

The subject application is to modify a development consent previously granted by Council pursuant to Section 96 of the Environmental Planning and Assessment Act 1979. Section 94A levies are therefore not applicable to the proposal.

 

10.    Environmental Assessment

 

10.1  Section 96 assessment

Under the provisions of Section 96(2) of the Environmental Planning and Assessment Act 1979, as amended, Council may only agree to a modification of an existing development consent if the following criteria are complied with:

 

·      Substantially the same development

The proposal does not involve any significant changes to the approved built form, floor space or private open space provision on site. Therefore, the modifications are considered to be substantially the same development for which the consent was originally granted.

 

·      Notification and consideration of submissions

The application has been notified in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

·      Consultation with relevant public authorities

The proposal does not require referral to any external bodies.

 

10.2  Section 79C assessment

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

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

 

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

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

 

 

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

Not applicable.

 

 

 

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

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

 

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

 

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

 

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

The environmental impacts of the proposed development on the natural and built environment, which are otherwise not addressed in this report, are discussed in the paragraphs below.

 

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

 

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

The site is located within an area, which is characterised by a mixture of detached, semi-detached and multi-unit residential developments. The site has sufficient dimension to accommodate the proposed structures. Therefore, the site is considered suitable for the proposed development.

 

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

No submissions were received at the conclusion of the public consultation process.

 

 

 

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

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

 

Noise

Council previously raised concerns in relation to the acoustic amenity of the adjoining dwelling at No. 18 Melody Street, due to the widened garage entry and pane lift door as well as the required motor equipment to drive the door movements.

 

The architect has provided the following information in the Section 96 application:

 

Advice obtained from garage door manufacturer indicates that the increased width of the garage door will not require any non-standard mechanical assistance and therefore, will not result in any increased noise emissions from a motor operated door. In addition, it is proposed to install a timber clad garage door, which we are advised, is quieter in operation than an equivalent metal clad door.

 

An acoustics statement, prepared by RSA Acoustics, dated 23 February 2009, was submitted to Council for assessment. The comments provided are extracted below:

 

RSA Acoustics Pty. Ltd. has been requested to offer an expert opinion regarding the additional noise at 16A Melody Street, Coogee that may be generated by changing the approved 5.85 metre western red cedar door to a 7.55 metre western red cedar door when using the same motor.

 

It is generally accepted that major noise generated during the operational cycle of opening and closing mechanical garage doors occurs when the motor starts and takes the strain of the drive gear. The noise level at this stage is the manufacturers rated level.

 

During the remainder of the lift process, the noise level is 2 – 3 dB below the start up level. In cases where the motor is under excessive load, i.e. working above the normal lifting capacity, this level can be expected to rise by 2 – 3 dB.

 

RSA Acoustics Pty. Ltd. has examined the manufacturer’s specifications for the proposed motor and has determined that the model of motor proposed will be working well within the weight range provided by the 7.55 metre western red cedar door.

 

It is our expert opinion that noise generated by the additional 3.3 square metres of door would cause no additional noise impacts over and above the 5.85 metre door system currently approved.

 

The submitted acoustics statement has substantiated the claim that the widened garage door and associated motor system would not generate significant additional noise beyond the level expected from the original approved development.

 

Conditions 49 and 51 of the consent stipulate that the operation of all plant and equipment shall not give rise to an offensive noise or vibration nuisance to the adjoining properties. An additional condition is recommended to require further acoustics reporting prior to the issue of the Occupation Certificate to confirm that the proposed plant and equipment for the parking facilities comply with relevant industry noise standards. Subject to the above conditions, it is considered that the amenity of the adjoining properties will be satisfactorily protected.

 

Light spillage

 

The modified garage will only accommodate 1 vehicle as in the scenario of the original approval. The reconfigured garage area and doorway are not considered to result in significant additional light spillage.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

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

 

 

Recommendation

 

That Council, as the consent authority, grants its consent under Section 96 of the Environmental Planning and Assessment Act 1979, as amended, to modify Development Consent No. 964/2007 for widening of the garage entry, minor reconfiguration of the window openings and internal floor layout, addition of a spa pool, adjustments to the swimming pool setback, provision of additional timber decking adjacent to the pool, and removal of brick infill and cement rendering of the front fencing, at No. 16A Melody Street, Coogee, in the following manner:

 

·      Amendment of the Deferred Commencement Condition to read as follows:

 

Deferred Commencement Condition

 

The design of the proposed vehicular access, garage and turntable shall be in accordance with the plans numbered S96/01/A, S96/02/A, S96/03/A, S96/04/A and S96/05/A prepared by Philip Leamon & Associates dated 9 December 2008 and received by Council on 17 December 2008.

 

·      Amendment of Condition 1 of the development consent to make reference to the Section 96 drawings, which will read as follows:

 

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

 

Plan Number

Dated

Received

DA/01/A

11-06-08

23 June 2008

DA/02/A

11-06-08

23 June 2008

DA/03/A

11-06-08

23 June 2008

DA/04/A

11-06-08

23 June 2008

 

prepared by Form Architecture, the application form and any supporting information received with the application, as amended by the following Section 96 plans:

 

Plan Number

Dated

Received

Prepared by

S96/01/A

09-12-08

17 Dec 2008

Philip Leamon & Associates

S96/02/A

09-12-08

17 Dec 2008

S96/03/A

09-12-08

17 Dec 2008

S96/04/A

09-12-08

17 Dec 2008

S96/05/A

09-12-08

17 Dec 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:

 

·      Imposition of Condition 59 to read as follows:

 

59.  A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the satisfaction of the Principal Certifying Authority prior to an Occupation Certificate being issued for the development (with a copy forwarded to Council where it is not nominated as the certifying authority), which demonstrates and certifies that noise and vibration emissions from the development, including the proposed garage roller door, motor and turntable, 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.

 

·      Imposition of Condition 60 to read as follows:

 

60.  Any surface claddings for the proposed garage door are to be made of timber materials and not metals, in order to minimise noise emission during opening and closing. Details demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

·      Imposition of Condition 61 to read as follows:

 

61.  Spa pools are to be provided with a child resistant barrier, in accordance with the provisions of the Swimming Pools Act 1992 and regulations.

 

A sign shall be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the document entitles “Policy Statement No. 9.4.1; Guidelines for the Preparation of Posters on Resuscitation”, published in 1985 by the Australian Resuscitation Council and the sign must bear a notice that contains the words “YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL”, together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the document entitles “Cardio Pulmonary Resuscitation: published by the Australian Resuscitation Council.

 

Attachment/s:

 

Nil

 

 


Ordinary Council

24 March 2009

 

 

 

Director City Planning Report No. CP7/09

 

 

Subject:                  54 Mount Street, Coogee

Folder No:                   DA/783/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing residential flat building, including the construction of a second floor level, front balconies, a tandem garage with communal terrace above and associated landscape works.

 

Ward:                      East Ward

 

Applicant:                A Khamis

 

Owner:                         A Khamis and A Mohamed

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Ordinary Council Meeting for determination as it contains non-compliance with the development standards stated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%.

 

The subject application is for alterations and additions to an existing residential flat building, including the construction of a second floor level, front balconies, a tandem garage with communal terrace above and associated landscape works.

 

The site is located on the western side of Mount Street, between Abbott and Bream Streets. At present, the site is occupied by a 2-storey residential flat building of brick and tiled roof construction, which contains 4 dwelling units. No on-site parking facility is provided.

 

The application was advertised and notified from 12 to 26 November 2008 in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The proposal was re-advertised and re-notified from 11 to 25 February 2009 following the receipt of amended drawings. A total of three (3) submissions were received at the conclusion of the above public consultation processes. The issues raised in the submissions have been addressed within the body of this report.

 

The site is identified as being within Zone No. 2B (Residential B Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will improve the amenity and facility of an existing residential flat building, which is compatible with the desired character of the locality.

 

The proposal has a Landscaped Area provision of 129.38m2, which equates to 37.6% of the site area, and does not comply with the development standard stipulated in the LEP, being 50% of site area. The proposal has a floor space ratio (FSR) of 1.31:1, and exceeds the LEP permissible FSR of 0.65:1 by 0.66:1. Furthermore, the proposed external wall height of 9.2m exceeds the LEP development standard of 7.0m by 2.2m.

 

The applicant has submitted an objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the above breaches will not result in significant adverse amenity or visual impacts on the area. The proposed development has incorporated suitable design features and landscaping, which minimise the visual scale and bulk of the structures, and is considered to carry positive design merits. The objection has been assessed and is supported.

 

The Randwick Multi-Unit Housing Development Control Plan (DCP) specifies detailed built form, setbacks and solar access controls for residential flat buildings across Randwick City. The building height, setbacks, landscaped open space provision, façade treatment and solar access of the development comply with the objectives and performance requirements of the DCP and are considered to be satisfactory.

 

The proposed development includes 2 tandem parking spaces, which despite non-compliance with the Parking DCP, is considered satisfactory given the existing site constraints and the site’s convenient access to public transport services.

 

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

 

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

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot B in DP 82883, No. 54 Mount Street, Coogee. The site is located on the western side of Mount Street, between Abbott and Bream Streets. The land is elevated above the footpath level and is currently accessible via a series of concrete steps over Council’s nature strip. The dimension and land area of the site are as follows:

 

Boundary

Length

Land area

Northern, side boundary

13.81m

 

Southern, side boundary

13.625m

 

Western, rear boundary

25.07m

 

Eastern, street boundary

25.07m

 

 

 

343.9m2

 

At present, the site is occupied by a 2-storey residential flat building of brick and tiled roof construction, which contains 4 dwelling units. The property has been Strata subdivided and is identified as Lots 1 to 4 in SP 54172. A paved terrace with a detached laundry outbuilding is located in the northern portion of the site. No on-site parking facility is provided.

 

The site is adjoined to the north by a similarly configured 2-storey residential flat building (No. 29 Abbott Street). Immediately adjoining the site to the south is a 4-storey residential flat building with security garages on the ground level (No. 54A Mount Street). To the west of the site is a residential building containing two self-contained dwellings (No. 27 Abbott Street). Bardon Park is located to the east of the site on the opposite side of Mount Street. The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

Figure 1 Aerial view of the subject site and surrounding area

 

3.      The Proposal

 

The development proposal includes the following components:

 

·      Excavation of the northern portion of the site and construction of a garage with 2 tandem parking spaces.

·      Conversion of the existing external laundry to a toilet, barbeque and bicycle storage room.

·      Reconfiguration of the existing dwelling units on the ground and first floor levels of the building.

·      Construction of a second floor level.

·      Installation of balconies on the front elevation of the building on all levels.

·      General landscaping.

 

The proposal will result in the following unit mix:

 

·      G/F: 1 x 2-bedroom unit and 1 x 2-bedroom plus study unit

·      1/F & 2/F: 2 x 3-bedroom plus study units

 

4.      Site History

 

4.1    Previous development consent relating to the site

Previous development consent relating to the site:

 

·      DA/496/1993 Strata subdivision of the existing residential flat building, approved 24 January 1994

 

4.2    Plan amendments

The applicant submitted amended plans on 30 January 2009, which include reconfiguration of the proposed second floor addition and other minor design adjustments, consistent with the recommendations of the Design Review Panel.

 

5.      Community Consultation

 

5.1      First notification

The subject application was advertised and notified from 12 to 26 November 2008 to 32 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      1/27 Abbott Street, Coogee

·      2/27 Abbott Street, Coogee

·      32 Raleigh Street, Coogee / 3/54A Mount Street, Coogee

 

5.2    Second notification

The application was re-advertised and re-notified from 11 to 25 February 2009 to the same properties following the receipt of amended drawings. The following submissions were received at the conclusion of the public consultation process:

 

·      1/27 Abbott Street, Coogee

·      2/27 Abbott Street, Coogee

 

5.3    Submission issues

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed floor space ratio does not comply with Council’s controls and is excessive.

 

The proposed floor space, built form and scale are compatible with the local streetscape and are considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

 

The proposed wall height, bulk and scale of the development are excessive and are not compatible with the local streetscape.

 

The proposed building height, bulk and scale are considered to be satisfactory from a streetscape amenity perspective. In addition, the proposed development will not result in unreasonable shadow or privacy impacts on the neighbouring properties. Refer to the “SEPP 1” section of this report for details.

The proposal will lead to ‘overcrowding’ in the locality.

 

The proposal will provide additional living and bedroom areas for the existing units on the first floor level. The total number of dwelling units will remain at 4. The proposed housing density is considered to be satisfactory. Refer to the “SEPP 1” section of this report for details.

 

The proposed tandem garage will provide parking for 1 apartment unit only. The development will result in traffic congestion and reduce on-street parking in the locality.

 

The proposed parking provision is considered to be satisfactory in the light of the existing development constraints, the site’s proximity to public transport, and opportunities to provide bicycle parking. Refer to the “Parking DCP” section of this report for details.

 

The proposal will unreasonably overlook the windows, rear garden and swimming pool areas of No. 27 Abbott Street.

 

Specific conditions are recommended to require the west-facing windows on the first and second floors to be constructed with obscured glazing. Subject to the above conditions, any overlooking into the adjoining property at No. 27 Abbott Street will be minimised.

 

The proposed communal terrace above the garage will result in visual and acoustic privacy impacts on the adjoining properties.

 

There is an existing elevated terrace in the northern portion of the site. The proposal will raise the finished floor level of the terrace from RL 16.20m to RL 17.29m, being an increase of 1.09m, in order to accommodate a tandem garage below.

 

The subject site is separated from No. 27 Abbott Street by an existing retaining / boundary wall of approximately 3m in height. Therefore, the proposed terrace is not considered to overlook the property at No. 27. The above boundary wall is also considered to provide satisfactory acoustic screening against any potential noise generation.

 

The proposed terrace is located immediately adjacent to the laundry and communal courtyard area of No. 29 Abbott Street. Notwithstanding, the proposal has included continuous fixed planter boxes along the northern boundary of the terrace with 12 x Correa alba, which are capable of reaching 1.3m mature height. A specific condition is also recommended to require timber fencing to be installed along the shared boundary. The above design measures are considered to improve separation from the adjoining property to the north.

 

The proposal is considered to have incorporated suitable solutions to minimise adverse privacy impacts on the neighbouring properties.

 

The development will reduce views of the skyline from the living room windows of 1/27 Abbott Street.

 

The proposed development will not obstruct any significant views from the east-facing windows of No. 27 Abbott Street.

 

The proposed works will encourage unauthorised access to the adjoining properties and result in increased security risks.

 

The subject site is separated from No. 27 Abbott Street by an existing retaining / boundary wall of approximately 3m in height. The above wall will provide an effective barrier against unauthorised entry to No. 27. 

 

 

 

 

 

 

 

 

 


Figure 2 Existing boundary wall separating the subject site from No. 27 Abbott Street.

 

The proposed communal terrace is located immediately adjacent to the laundry and courtyard area of No. 29 Abbott Street. Notwithstanding, the proposal has included continuous fixed planter boxes along the northern boundary of the terrace with 12 x Correa alba, which are capable of reaching 1.3m mature height. A specific condition is also recommended to require appropriate fencing to be erected along the shared boundary.

 

In addition, security gates will be installed to provide access control in the side walks and communal terrace areas.

 

Therefore, the proposal is considered to be satisfactory from a safety and security perspective.

 

The proposal will reduce solar access to the windows and rear garden areas of No. 27 Abbott Street.

 

The proposal will not result in unreasonable overshadowing of the adjoining properties given the site’s north-south orientation. Refer to the “DCP” section of this report for details.

 

The development would devalue the surrounding residential properties.

 

Fluctuations in property values are not considered to be a valid objection on planning grounds.

 

The proposed works would result in structural damages to the adjoining properties and other amenity impacts during the construction phase.

Specific conditions are recommended to ensure proper construction management and protection of adjoining properties during works on the site.

 

6.      Technical Officers Comments

 

6.1    Development Engineers and Landscape Development Officer

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

 

Landscape Comments

The 4 metre tall Washingtonia robusta (Mexican Washingtonia Palm, identified as tree 6 on the Landscape Plan), in the raised rockery garden at the northeast corner of the site is insignificant, and too small to be covered by the provisions of Council’s Tree Preservation Order (TPO), and as such, can be removed as part of the upgrading of both the building and landscape setting, with the same applying to the small Plumeria acutifolia (Frangipani, Tree 5) to its west.

 

Still within the front setback, but on the opposite (southern) side of the site, there is one 6 metre tall Syagrus romanzoffianum (Cocos Palm, Tree 1), which is exempt from the TPO as it is regarded as an undesirable species, and can be removed at any time, irrespective of this application, without needing to seek permission from Council, with a relevant condition to this effect included in this report.

 

Beyond the southeast corner of the subject site, within the adjoining property, 54A Mount Street, close to the common boundary, there is one xCuprocyparis leylandii (Leyland Cypress) of approximately 6 metres in height which will need to be retained due to its location on a neighbouring property.

 

It was observed to perform a screening and privacy function between both buildings, and as its northern aspect slightly encroaches into the subject site, permission has been granted for the minor amount of trimming that will be required to avoid conflict/interference during the course of the works.

 

All other vegetation within the site is insignificant, and can be removed at the applicant’s discretion.

 

Beyond the southwest corner of the site, in the rear yard of the adjoining property to the west, 27 Abbott Street, there is one large and mature Quercus robur (English Oak) of approximately 12 metres in height, which is quite a rare species in the Randwick LGA, and was observed to be in reasonable health and condition, and is also covered by Council’s TPO.

 

While a small part of its eastern aspect overhangs the common boundary, it does not create any interference at this point in time as the offending branches are already growing above the roofline of the existing building; however, raising its height by about 1.9 metres as shown will definitely create a conflict, particularly with the erection of the necessary scaffolding during the course of the works, and the resulting need to provide safe clearance. 

 

The inspection revealed that 2-3, 2nd and 3rd order branches may need to be pruned, which is considered a minor amount as it would total only about 5% of its entire canopy, and would not affect its form or habit in any way; and as such, a condition requiring this work to be performed to recognised industry standards by a qualified Arborist has been included, and is deemed sufficient to eliminate any threat posed by this application.

 

Parking Comments

Development Engineering encourages the provision of off-street parking and we note the application proposes a tandem arrangement. This is supportable by Development Engineering on the condition that the two spaces will be allocated to one of the 3-bedroom units only.

 

The assessing officer is advised that if the application is approved an appropriate condition indicating this must be included in the consent.

 

6.2    Building Surveyor

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

 

Building Services comments

Alterations and 2nd floor additions to the existing 2 storey residential flat building and construction of a double garage sited onto the northern boundary with a trafficable roof over.

 

BCA Building Classification

Class 2 – Residential units

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of three

§ Masonry walls, tiled roof and timber floors

§ One exit stairway, of timber construction

§ A total of 4 sole occupancy units, 2 on grd floor and 2 occupying 1st and 2nd floors

§ Side boundary building setbacks of approximately 1000mm.

 

Key Issues

Building Code of Australia (BCA):

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

 

Site Management:

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

 

6.3    Randwick Waverley Design Review Panel

The subject application has been referred to the Design Review Panel for assessment. The comments provided are extracted under the “SEPP 65” section of this report.

 

7.      Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 343.9m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan 1998

The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2B Zone, in that the development will improve the amenity and functionality of an existing residential flat building, which is compatible with the desired character of the locality.

 

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

 

Clause

Required

Proposed

Compliance

31 Landscaped area

Minimum of 50% of site area (171.95m2)

 

Not more than 50% of required landscaped area provided over basement or podium

 

Landscaped area provision: 129.38m2 or 37.6%

 

48.1% of the landscaped area is provided over garage

No, SEPP 1 Objection submitted

Yes

32 Floor space ratio

Maximum 0.65:1 (223.535m2)

1.31:1 or 451.21m2

No, SEPP 1 Objection submitted

 

33 Building height

Maximum overall height: 9.5m

 

Maximum wall height: 7m

Maximum overall height: 9.5m

 

Maximum wall height: 9.2m

 

Yes

 

 

No, SEPP 1 Objection submitted

 

40 Excavation and filling of land

Council to consider the likely impacts on the existing drainage patterns and soil stability for proposals involving earth filling and excavation

The proposal involves excavation of up to approximately 2.5m in depth in the northern portion of the site to accommodate a tandem garage. The area in question is currently an elevated paved terrace.

 

The Development Engineer has assessed the site drainage arrangement and raised no objections against the proposed earth works. Specific conditions are recommended to ensure suitable soil retention measures are implemented during the construction phase of the development.

Yes, subject to conditions

8.2    Draft Randwick Local Environmental Plan 2008

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

 

8.3    State Environmental Planning Policy No. 1 Development Standards

The proposal seeks to vary development standards contained within RLEP 1998.

 

Landscaped Area

Clause 31(2) of RLEP 1998 provides that a minimum of 50% of the site must be allocated as Landscaped Area for multi-unit housing within Zone No. 2B. Additionally, not more than 50% of the Landscaped Areas are to be provided over podiums or excavated basement.

 

Existing Landscaped Area

158.5m2 (according to SEE)

Required Landscaped Area

171.95m2

Proposed Landscaped Area

129.38m2

Non-compliance in Landscaped Area provision

42.57m2

Existing Landscaped Area (% of site area)

46.1% (according to SEE)

Required Landscaped Area (% of site area)

50%

Proposed Landscaped Area (% of site area)

37.6%

Non-compliance (% of site area)

12.4%

 

The proposal reserves only 37.6% of the site as Landscaped Area and does not comply with the development standard. There is a reduction of the existing landscaped area provision by approximately 29.12m2 or 8.5% of site area. This is attributed to the reduction of landscaping in the front setback area for the purposes of balcony construction. A SEPP 1 objection has been submitted to justify the breach.

 

The proposal achieves full compliance with the deep soil landscaped area control under the LEP.

 

Floor Space Ratio

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2B is 0.65:1 or 223.535m2 gross floor area.

 

Existing total gross floor area

320m2 (according to SEE)

Proposed total gross floor area

451.21m2

Permissible gross floor area

223.535m2

Excess gross floor area

227.675m2

Existing floor space ratio

0.93:1 (according to SEE)

Proposed floor space ratio

1.31:1

Permissible floor space ratio

0.65:1

Non-compliance with floor space ratio

0.66:1

 

The proposal has a floor space ratio of 1.31:1 or 451.21m2 gross floor area, and exceeds Council’s control by 0.66:1 or 227.675m2 gross floor area.

 

The applicant has submitted an objection under SEPP No. 1 – Development Standards, and has argued that strict compliance with Clause 32(1) of RLEP 1998 is unreasonable and unnecessary.

 

Building Heights

Pursuant to Clause 33(1) of RLEP 1998, the maximum permissible overall height of a building is 9.5m. The proposal complies with this requirement.

 

Pursuant to Clause 33(3) of the LEP, the maximum permissible external wall height within 2B Zone is 7m. The proposal has an external wall height of up to 9.2m and does not comply with the LEP control.

 

In assessing the applicant’s SEPP 1 Objection, the following mattes are addressed:

 

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

The FSR, Landscaped Area and Building Height controls in question are numerical development standards contained in RLEP 1998.

 

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

The stated purposes of the standards, as outlined in RLEP 1998, are:

 

Landscaped Area

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

 

FSR

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

 

Building Height

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

 

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

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

To encourage:

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

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2B Zone in that it will improve the amenity and functionality of an existing residential flat building, which is consistent with the desired character of the locality.

 

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

It is considered that the proposal is satisfactory and compliance with the Landscaped Area, FSR and Building Height standards is unreasonable and unnecessary based on the following reasons:

 

Variation to the Landscaped Area standard:

-   The proposal generally retains the existing footprints of the building on site. The existing development already breaches the current development standard. It is considered unreasonable to require retrospective compliance with the current planning control.

 

-   The reduction of landscaped area currently provided on the site is mainly attributed to the installation of front balconies to the building. The proposed balconies will provide adequate private open space to each of the units and enhance casual surveillance of the public domain. The proposed balconies are substantially open in configuration and will not create an unacceptable visual bulk. The balcony structures are not considered to reduce a sense of openness along the street frontage of the development.

 

-   A communal terrace will be provided above the tandem garage in the northern portion of the site. The terrace has a level surface and is capable of supporting passive recreational activities of the residents.

 

-   The proposal will also upgrade the nature strip immediately to the east of the site along the public footpath with new shrub and ground cover planting. Fixed planter boxes will be installed along the northern boundary of the site, which will improve the privacy relationship with the adjoining property at No. 29 Abbott Street. The development scheme is considered to have provided a suitable landscape ambience for the building.

 

Variation to the FSR standard:

-   The proposed additional floor space does not create an unacceptable building form or adverse impacts on the streetscape. Specifically, the external wall alignment of the ground and first floor levels will remain as existing. The new second floor level will be slightly stepped in from the external walls below and finished with light-weight cladding materials on all elevations. The resultant building scale is commensurate with the existing flat building at No. 54A Mount Street, and is not considered to detract from the streetscape character.

 

-   The proposed built form has incorporated balconies, shading devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile skillion roof, which will minimise the overall building height. The above design measures will minimise the visual scale and bulk of the structures, despite non-compliance with the FSR development standard. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

-   The floor areas and dimensions of the proposed apartment units are not excessive in scale and will allow suitable living amenity for the occupants. The internal floor layout will achieve satisfactory natural lighting and cross ventilation.

 

-   The proposed housing density is justified by the site’s proximity to public park facilities on the opposite side of Mount Street. The proposal is considered to introduce a suitable amount of residential population to a locality, which is well supported by recreation facilities.

 

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

 

-   The extent of the non-compliance is acceptable given the form and scale of existing residential flat developments in the locality.

 

Variation to the Building Height standard:

-   The proposal achieves full compliance with the maximum overall height control contained in Clause 33(1) of RLEP 1998.

 

-   The non-compliance with Clause 33(3) of the LEP is mainly attributed to the proposed second floor level. However, the external wall alignment of the ground and first floor levels will remain as existing. The new second floor level will be slightly stepped in from the external walls below and incorporate light-weight cladding materials on all elevations. The resultant building height is commensurate with the existing flat building at No. 54A Mount Street, and is not considered to detract from the streetscape character.

 

-   The proposed built form has incorporated balconies, shading devices and a combination of surface finishes on all elevations, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile skillion roof, which will minimise the overall building height. The above design measures will minimise the visual scale and bulk of the structures, despite non-compliance with the external wall height development standard. Overall, the architectural character and form of the proposal are considered to carry satisfactory design merits.

 

-   The non-compliance with the building height limit will not result in any significant adverse impacts upon the adjoining properties in terms of solar access, privacy, views and visual amenity.

 

·      Is the objection well founded?

The submitted SEPP 1 Objection provided the following general comments:

 

“The proposal will significantly improve the appearance of the existing built form and visual landscape of the site as viewed from the street and Bardon Park opposite, while at the same time enhancing the energy and thermal efficiency performance of the building and the amenity, function and standard of living accommodation provided for the building’s residents, without resulting in any significant adverse amenity impacts to the neighbouring residential properties. Casual surveillance of the street, Bardon Park opposite and the front entries to the neighbouring properties addressing Mount Street will also be significantly improved by the proposed upgrading works to the existing building.

 

The proposed development is of a high quality, contextually responsive and ecologically sustainable design, and represents an efficient and appropriate development of the land that is compatible with the environmental capacity of the site and its Residential 2B zoning.”

 

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

 

8.4    State Environmental Planning Policy No. 10 Retention of Low Cost Rental Accommodation

Clause 6 of SEPP 10 states that the Policy only applies to those buildings, which are low rental residential buildings as at 28 January 2000, and does not apply to any buildings that became a low rental residential building after that date. The subject building has been Strata subdivided into individual allotments. SEPP 10 therefore does not apply to the proposal.

 

8.5    State Environmental Planning Policy No. 55 Remediation of Land

The site has been continuously used for residential purposes for a prolonged period. The site is not identified as having contamination potential and is suitable for the intended purpose.

 

8.6    State Environmental Planning Policy No. 65 Design Quality of Residential Flat Development

SEPP 65 applies to the proposed development. The subject application has been referred to the Design Review Panel for assessment. The comments provided are addressed as follows:

 

Attic and verandah additions are proposed for a non-descript two-storey building, which contains four apartments.  It has an eastern aspect and a pleasant view to Bardon Park across the road.  The area is very suitable for the type of development proposed. The DA application is well presented and clear, and the architect has been attentive to the design issues previously raised.

 

Relationship to the Context of the Proposal 

Both houses and small apartment buildings characterize the area around the site. There is a small four storey flat building of different style on the site to the south and a two storey flat building of similar form on the site to the north. A single storey house adjoins the western boundary.  A cabana on this site adjoins the boundary of the subject site, beyond which there is a back yard swimming pool.

 

The development as proposed does not appear to have any adverse effects on its neighbours and would improve the character of the street. The Panel strongly supports increasing density on sites with high amenity.

 

Comments:

The proposal is of a form, height and scale that are suitable to the streetscape character. Refer to the “SEPP 1” section of this report for further details.

 


The Scale of the Proposal

The Panel appreciates the architect’s attention to its previous comments. The Panel suggests that the scale would be further improved by translating the attic floor closer to the street alignment, to create a 3 storey scale to the street, while keeping the scale of the existing roof form towards the rear neighbours (see also comments below).

 

Comments:

The revised drawings have altered the form of the second floor level and roofing above, so that the uppermost balconies align with those of the storeys below. The design revision will simplify the form of the topmost storey and improve internal amenity for the occupants, but without adversely impacting on the amenity of the neighbours.

 

The Built Form of the Proposal

The proposed changes to the existing building include:

 

·           Attic bedrooms for the upper two units and a reconfigured roof.  Internal stair access to these attics and extension of the stair serving one of the attic rooms are also proposed.

·           Addition of balconies to the east façade.

·           Addition of northern terrace / garage.

 

The Panel appreciates that the architect has simplified the design, which has resulted in clear improvements to the overall building form. However the Panel advises that the following additional refinements should be incorporated;

 

Roof form;

-   As noted above, the roof should project forward over the balconies (at least in part) to consolidate the scale towards the park. This can be achieved with little increase in the amount of floor space proposed.

-   The roof terraces may be better located over the balconies below, which would simplify the massing and detailing, and avoid unnecessary waterproofing complications

-   The extension of the stair on the Mount Street facade is overcomplicated and may result in awkward interior spaces. The stair should read as a sub-element within the overall composition, subordinate to the roof and balconies

-   It is better to give the appearance of adding a storey to the building when viewed from the park, even if it did not cover the entire floor plate, as this would result in a simpler solution and greater amenity.

-   Small, obscure glass windows could be discretely cut into the western roof plane to provide cross ventilation to the top floor. This would be better aesthetically and environmentally than the skylights proposed (the sloping roof plane would be less necessary if the top floor were to be moved forward).

 

Verandahs on the eastern façade;

-   The scale of the verandah elements should be increased, as they should extend to integrate with the attic level.

 

The Panel notes the following improvements made to the eastern façade;

-       The Panel notes that parts of the balustrades have been redesigned to provide privacy.

-       Doors and windows onto the balconies now allow ventilation and security at the same time.

-   The balconies have been improved by being made longer to allow access from Bedroom 1.

 

Additional and existing windows;

-   Some of these require sun shading devices and/or hoods that enable them to be left open in light rain.

 

The garage / terrace between the building and the northern boundary of the site;

-       The garage remains the least satisfactory part of the proposal as its configuration would greatly compromise the privacy and outlook of the ground floor apartment on the northern side of the building.  It is also occupying site area that could be used for landscape, and include the water tanks, some motor bike or bicycle storage.

-   The Panel suggests that a combination of private and common space be provided on the north side, over a reduced area of parking / storage. Such a solution should be able to alleviate the privacy problems for the ground floor unit, while still providing common open space and services.

-   There is adequate space in this area for a one car carport and low planting adjacent to boundary fences and the establishment of at least one major tree.

-   The provision of clothes lines on the terrace is supported.

 

Comments:

·      The revised drawings have altered the form of the second floor level so that the uppermost balconies align with those of the storeys below. The design revision will simplify the form of the topmost storey and improve internal amenity for the occupants.

·      The revised design includes small operable windows on the western (rear) elevation to facilitate cross ventilation to the top floor level. A specific condition is recommended to require these windows to be constructed with obscured glazing to minimise privacy impacts on the neighbours.

·      The proposed front balconies have a dimension of approximately 2.0m (depth) x 7.6m (length). The configuration and size of the balconies will satisfactorily support various passive recreational functions for the occupants.

·      The proposed windows on the northern elevation are installed with awnings for weather protection purposes.

·      Suitable planter boxes and landscape planting are proposed for the communal terrace above the garage. It is considered that the design of the terrace is satisfactory and will provide suitable passive recreational space for the occupants.

 

The Proposed Density

Satisfactory, and reasonably suited to this site.

 

Comments:

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

 

 

Resource and Energy Use and Water Efficiency

 

Sun/weather control devices should be provided to all habitable eastern, western and north facing windows.

 

Roof venting should be indicated on the north and south elevations for the DA.

Provision has been made for the onsite retention of stormwater, however its location could be better integrated with the car parking structure.

 


Comments:

·      The proposed balconies will provide suitable shading for the east-facing windows.

·      Skylights have been included to provide natural lighting to the living, walk-in-wardrobe and study areas on the topmost level.

·      The design scheme includes operable windows on more than two elevations with a separation distance of less than 18m. The development will achieve satisfactory cross-ventilation.

 

The Proposed Landscape

A well considered landscape plan has now prepared by a landscape architect as part of the DA.

It enhances the planting on the eastern side of the building, creating a pleasant outlook for all the dwellings and for passersby in the street.

 

Comments:

The proposal has included suitable planting to provide a landscape ambience for the building.

 

The Amenity of the Proposal for its Users

The minor internal alterations, the provision of verandahs and the additional attic space would greatly improve the internal amenity of the building.  This improvement could be further enhanced if the design changes suggested above are well carried out.

 

When structural advice is sought it would be good to understand if any sections of the Bed 1 walls could be removed to make the lower floor living rooms a better size.

Storage requirements, clothes line areas and BCA acoustic bulkhead issues will need to be addressed.

 

Comments:

·      The proposed bedroom partitioning has been modified to enable a larger sized living room for each unit.

·      The layout and configuration of the apartment units are considered to have maximized solar access to the living areas given the existing development constraints.

 

The Safety and Security Characteristics of the Proposal

The addition of verandahs, which would be very usable adjacent to this quiet street, would have the effect of improving surveillance of the park.

 

Comments:

·      The provision of front balconies will improve casual surveillance of the surrounding public domain.

·      Security gates are installed to provide access control to the side walks and communal terrace.

 

Social issues

This is a very appropriate upgrading to the area.

 

Comments:

·      The proposal will improve the internal configuration and recreational facilities of an existing residential flat building. The building originally contains 4 x 2-bedroom dwellings. The proposal will convert two of the units into 3-bedroom dwellings, which in effect will broaden the unit mix. The development will enhance the visual amenity of the streetscape and is considered satisfactory in social planning terms.

 

The Aesthetics of the Proposal

As suggested above, the Panel considers that there are opportunities to improve the design as set out in Section 3 above.

 

Comments:

·      The overall form and detailing of the building and landscape design are appropriate and suitable for the site. The proposed fenestration treatment and external finishes achieve a contemporary design response that enhances the streetscape character of Mount Street and the outlook from the nearby public park.

 

Summary and Recommendations

Randwick Council has long supported the incremental upgrading of older apartment buildings of undistinguished design. Accordingly this is an appropriate form and density of development for this location, but the design should be further refined as suggested above.

 

Should the above changes be carried out to the satisfaction of the assessing planner and architect, the Panel does not need to review this application again.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. The application is accompanied by a BASIX Certificate numbered A42088. Standard conditions are recommended to ensure that the commitments listed on the BASIX Certificate are implemented during the construction phase of the development.

 

9.      Policy Controls

 

9.1    Development Control Plan – Multi-Unit Housing

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

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Site Planning

P1 Development applications accompanied by Site Analysis Plan.

 

Site analysis information has been shown on the submitted drawings.

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

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

The site has a frontage length of approximately 25m. Complies.

P3 Development on corner sites responds to both street frontages.

 

 

Not applicable.

Height

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

 

The proposed development fully complies with the maximum building height control specified in the LEP. The proposal has a height and scale, which are compatible with the existing residential flat buildings in the surrounding built environment, and do not detract from the prevailing character of the locality.

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

 

The building is appropriately articulated with balconies, shading devices and a combination of materials and finishes.

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape/adjoining dwelling.

 

Setback to Mount Street

External wall: 3.2m

Balcony: 1.2m

 

The approximate front setbacks of the adjoining developments on Mount Street are summarised below:

 

61 Bream Street: 0m

54A Mount Street: 3.1m

29 Abbott Street: 3.7m (0.4m to garage)

 

The proposal will not alter the existing setback to the external walls of the building. The proposed balconies will encroach upon the front setback areas. However, the balcony structures are substantially open in configuration and are not considered to create an unacceptable visual bulk.

 

It should also be noted that the proposal will upgrade the landscaping of the existing nature strip, which is 3.5m in width. Given the presence of this nature strip, the visual impact of the development will be further ameliorated.

 

The proposal is considered satisfactory in this regard.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

 

The proposed second floor addition will be setback as follows:

 

5.3m to 5.8m from northern boundary

1.5m to 2.3m from western boundary

1.5m to 1.8m from southern boundary

 

The footprint of the second floor addition is slightly stepped in from the external wall alignments below. The addition incorporates light-weight cladding materials on all elevations, which will minimise its visual dominance in the streetscape.

 

A specific condition is recommended to require the west-facing windows of the second floor to be constructed with obscured glazing, in order to minimise overlooking into the adjoining property.

 

Given the north-south orientation of the site, the proposal will not result in reasonable overshadowing on the adjoining properties on the winter solstice.

 

Based on the above, it is considered the proposed setbacks of the addition are satisfactory.

 

 

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

P4  General

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

 

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

Satisfactory.


 

Density

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

 

The development complies with the maximum building height control stated in the LEP. The facades are appropriately modulated with balconies, shading devices and a combination of finishing materials. The proposal is not considered to create an unacceptable visual bulk or detract from the prevailing character of the locality.

 

 

Fences

P1  Fences to be/have:       

§ consistent with streetscape;

§ Entrances highlighted; and

§ Planting used to soften and provide privacy.

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

 

No front boundary fencing is proposed.

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

The proposal has included a communal terrace and private balconies, which have dimensions of more than 2m.

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

 

A communal terrace is provided in the northern portion of the site. The dimension of this communal space is approximately 8.5m – 9.5m x 4m (exclusive of planter boxes) and is capable of accommodating the recreational needs of the occupants.

P3  Private Open Space

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

 

Complies.

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

 

Not applicable.

P5  Townhouses

Each dwelling is provided with an area of useable private open space or courtyard area, at ground or podium level.

S5 Minimum area of 25m2 and a minimum dimension of 3 x 4 metres.

Not applicable.

P6  Flats and apartments

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

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

Complies.


 

Privacy

P1  Visual Privacy

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

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

Western elevation

Second floor addition:

The proposal will provide operable awning windows for the bathroom and study areas on the second floor level, which have sill heights of approximately 1.5m and 1.3m respectively.

 

Given their elevated position, these windows are capable of overlooking into the private open space areas of No. 27 Abbott Street. Therefore, a special condition is recommended to require these windows to be constructed with obscured glazing.

 

First floor level:

The first floor level currently has various west-facing windows attached to the kitchen, bedroom, bathroom and stairwell areas. These windows have sill heights ranging from 1.2m to 1.8m.

 

 

 

 

 

The existing building is setback only 1.1m from the shared boundary with No. 27 Abbott Street on the ground and first levels. Given that the windows are positioned at an elevated level, and that the apartments on the first floor will be intensified into 3-bedroom units, a special condition is recommended to require the kitchen, bedroom and stairwell windows to be replaced with obscured glazing.

 

 

 

Northern elevation

Second floor level:

The second floor addition contains two ribbon windows of 0.5m (H) x 2.5m (L) and 0.5m (H) x 1.3m (L) in dimensions, which are attached to the bedroom and study areas respectively. These windows have a sill height of approximately 1.0m. The northern wall is setback approximately 5.3m from the shared boundary.

 

The limited dimension in conjunction with the generous setback of the above windows will ensure that the privacy of the adjoining properties is not compromised.

 

Ground and first floor levels:

The northern wall of the ground and first floor levels are setback approximately 5.15m from the shared boundary. The northern elevation of the building does not contain excessive windows openings. The proposal is not considered to adversely impact on the privacy of the adjoining properties.

 

P2 Private open space design and location ensure privacy.

 

The proposed front balconies are oriented towards Mount Street and Bardon Park and generally overlook the public domain. Privacy screens are proposed on the side elevations of the balconies in order to limit overlooking into the windows of adjoining properties.

 

The location and design of the private open space of the units are not considered to result in detrimental impacts on the amenity of the neighbours.

 

P3  Acoustic Privacy

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

 

Satisfactory.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require the proposed works to comply with the Building Code of Australia. Complies, subject to conditions.

View Sharing

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

 

The proposal will not obstruct any significant views from the adjoining properties.

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

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

The proposed landscaping will not unreasonably reduce solar access to the adjoining properties.

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

 

The proposal will not result in unreasonable shadow impacts on potential solar panels on the rooftop of the adjoining buildings.

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

 

Due to the north-south orientation of the subject site, the proposal will not reduce solar access to the adjoining properties to the west to less than 3 hours on the winter solstice.

 

The adjoining property to the south at No. 54A Mount Street has 3 windows on the north elevation, which are attached to bedroom areas. These windows will be overshadowed by the proposed development on the winter solstice. However, the principal living room windows on the east elevation will not be affected by the development.

 

Therefore, the proposed development scheme is considered satisfactory in this regard.

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

 

Due to the north-south orientation of the subject site, the proposal will not reduce solar access to the principal private open space of the adjoining properties to less than 3 hours on the winter solstice.

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

A BASIX Certificate has been submitted and standard conditions are recommended to require compliance with the commitments stipulated on the certificate through to the construction phase.

P5 Buildings have roofs with pitch suitable for solar collectors.

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

The proposed roof form is capable of supporting the installation of solar collectors.

Safety and Security

P1 Design allows surveillance.

 

Satisfactory.

P2 Approaches and entries are visible.

 

Satisfactory.

P3 High walls and structures avoided.

 

Satisfactory.

P4 Resident car parking has security grilles or doors.

 

Complies.

P5 Visitor parking spaces clearly identifiable.

 

Not applicable.

P6 Adequate lighting for personal safety and security provided.

 

Security lighting is not considered to be necessary in this instance as sufficient window openings have been provided on the street façade of the building.

P7 Adequate lighting is provided in common areas.

 

Refer to comments above.

P8 External lighting does not create a nuisance.

 

To be required by condition.

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

Refer to the “Parking DCP” section of this report.

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

 

The proposed garage facility is visually softened by the communal terrace and landscape planting above. Satisfactory.

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

 

The proposal only provides 4 units. The provision of accessible (disabled) parking space is not required in this instance.

P3 Secure storage for bicycles is provided.

 

 

To be required by a condition of consent.

Driveways and Manoeuvring Areas

P1 Areas of driveways and manoeuvring are minimised.

 

The proposed driveway has a width of 3m. Ground covers will be provided adjacent to the driveway in order to improve its visual appearance. Satisfactory.

P2 Vehicles enter/ leave in a forward direction.

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

The garage will only allow reverse exit of vehicles. However, given the small number of vehicles involved, this access arrangement is considered to be satisfactory.

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

S3 Long driveways provide passing bays.

Passing bays are not required for this development.

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

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

The proposed driveway is setback approximately 500mm from the shared boundary. However, given the existing site constraints, the access design is considered satisfactory.

P5 Materials and finishes are consistent.

S5 Large expanses of uncoloured concrete avoided.

The proposal does not feature any large expanse of concrete adjacent to the street frontage.

P6 Driveway gradients safe.

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

The vehicular access design has been assessed by Council’s Development Engineers, and no objections are raised on traffic or safety grounds. Satisfactory.

Storage

P1 Accessible and separate storage for each dwelling.

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

The proposed layouts of the individual units have sufficient dimensions to accommodate storage facilities. The proposal is considered satisfactory in this regard.


 

Barrier-Free Access

P1 Design must provide access for people with special access needs as required (foyer parking open space).

S1 Publicly accessible areas comply with the Building Code of Australia for access and mobility.

The subject site is elevated above the footpath level. The use of steps cannot be avoided in this instance.

P2  Dwelling requirements:

  0 – 14 dwellings    0

15 – 29 dwellings    1

30 – 44 dwellings    2

45 – 60 dwellings    3 so on…

The requirements of AS1428.1 and AS 4299 are to be considered.

 

Not applicable.

P3 Dwellings for people with a disability have corresponding parking space.

 

Not applicable.

P4 Passenger lifts provide access for people with a disability to common and parking areas.

 

Not applicable.

Utilities/Site Facilities

P1 Mailboxes provided in accordance with Australia Post.

 

To be required by condition. 

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

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

 

To be required by condition.

P6 Telephone lines provided in accordance with the service provider.

 

To be required by condition.

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

 

Complies.


 

Waste Minimisation and Management

P1 Waste collection and separation facilities for each dwelling.

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

Complies.

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

 

Complies.

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

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

Satisfactory.

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

§ Compliments architectural character of adjacent items or the conservation area;

§ Does not detract or overwhelm the conservation area in scale and proportions;

§ Retains the identified significance of the item or area;

 

Not applicable.

§ Pays attention to the nature of design in terms of massing, style, roof pitch, window design and proportion, and external materials; and

§ Compliments but does not mimic features of a heritage item.

 

 

P2 Respects nearby heritage buildings.

 

Not applicable.

P3 The design is in accordance with heritage advice.

 

Not applicable.

P4  New development:

§ Maintains a curtilage between heritage buildings and new buildings;

§ Is massed to provide transition in scale between old and new; and

§ Retains sightlines from public areas to the heritage item.

 

Not applicable.

Foreshore Scenic Protection Areas

P1 Building form is sympathetic in appearance with surroundings buildings, and buildings on stepped sites are articulated so that massing and scale respects the slope.

 

Not applicable.

P2  Extent of hard surface is minimised to reduce water run-off

 

Not applicable.

P3 Ancillary structures do not dominate and detract visually. 

 

Not applicable.

Coral Sea Park Estate

P1 Materials and finishes are consistent with the dominant theme in the Estate.

 

Not applicable.

P2 Site area and dimensions are adequate to maintain existing themes of large rear gardens and open space between buildings.

 

Not applicable.

P3 Open spaces in front of buildings are not fenced, but if so to no greater than 1 metre.

 

Not applicable.

 

9.2    Development Control Plan - Parking

The DCP specifies the following car parking rates for multi-unit housing:

 

 

Rate

Required

Proposed

Resident

1.2 spaces per 2-bedroom unit

1.5 spaces per 3-bedroom unit

2 x 1.2 + 2 x 1.5 = 5.4 spaces

2 tandem spaces

Visitor

1 per 4 dwellings or part thereof

1 space

Nil

Bicycle

1 per 3 units, plus 1 visitor per 10 units

4 spaces

To be required by condition

Car wash bay

1 per 12 dwellings

Not required

Nil

Total

 

6.4 or 6 spaces

2 spaces

Under the DCP, a total of 6 car spaces are required to support the number of dwelling units within the building. The proposal includes 2 tandem spaces to service one apartment unit, and does not comply with the DCP requirements.

 

The existing building does not provide any on-site parking facilities. Given the site constraints, the proposal is considered to have maximised off-street parking provision. A specific condition is also recommended to require adequate bicycle parking facilities to be provided on site, as a measure to encourage alternative modes of transport. In addition, the site is located in close proximity to bus services along Bream Street (the site is within 70m from bus stops on either side of Bream Street). Therefore, the proposed parking provision is considered satisfactory.

 

9.3    Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$817,695

1.0%

$8,176.95

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

 

 

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

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

 

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

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

 

 

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

Not applicable.

 

 

 

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

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

 

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

 

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

 

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

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

 

The proposed development is consistent with the residential character of the locality and is not considered to result in detrimental social or economic impacts on the locality.

 

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

The subject site is already developed with a residential flat building. The proposed development will improve the amenity and facility of the building.

 

The site is located in close proximity to open space and public transport services. The allotment has sufficient area to accommodate the proposed uses and structures.

 

Therefore, the site is considered suitable for the proposed development.

 

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

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

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

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

 

11.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:       Encourage and reward design excellence and sustainability, establishing Anzac Parade as the future boulevard.

 

12.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 

 

13.    Conclusion

 

The proposed development satisfies the relevant provisions of SEPP 1 Development Standard, SEPP 65 Design Quality of Residential Flat Development, SEPP Building Sustainability Index, Randwick LEP 1998, DCP Multi Unit Housing and DCP Parking, subject to conditions.

 

The proposal will improve the amenity and functionality of an existing residential flat building and introduce a suitable residential population in close proximity to public park facilities. The proposed development will present as a contemporary building of an appropriate form and scale, and will enhance the character of Mount Street.

 

Having regard to all relevant matters for consideration, the proposal, subject to compliance with the recommended conditions, will not result in significant adverse impacts upon either the amenity of the nearby properties or the character of the locality. The application is therefore recommended for approval.

 

 

Recommendation

 

That:

 

A.     Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 Development Standards (SEPP 1) in respect to non-compliance with Clauses 31, 32 and 33 of Randwick Local Environmental Plan 1998, relating to Landscaped Area provision, Floor Space Ratio and Building Height, on the grounds that the proposed development is consistent with the objectives of the aforementioned clauses, and will not adversely affect the amenity of the surrounding locality, and that the Department of Planning be advised accordingly.

 

B.     Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 783/2008 for alterations and additions to an existing residential flat building, including the construction of a second floor level, front balconies, a tandem garage with communal terrace above and associated landscape works, at No. 54 Mount Street, Coogee, subject to the following conditions:

 

REFERENCED PLANS:

 

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

 

Plan Number

Dated

Received

Prepared By

0805 DA19A

28/01/09

30 Jan 2009

Habitat Architects

0805 DA20A

28/01/09

30 Jan 2009

0805 DA21A

28/01/09

30 Jan 2009

0805 DA22A

28/01/09

30 Jan 2009

0805 DA23A

28/01/09

30 Jan 2009

0805 DA24A

28/01/09

30 Jan 2009

0805 DA25A

28/01/09

30 Jan 2009

0805 DA26A

28/01/09

30 Jan 2009

0805 DA27A

28/01/09

30 Jan 2009

080901 L01

27.10.08

30 Oct 2008

Jane Irwin Landscape Architecture

 

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

 

ENVIRONMENTAL AMENTITY:

 

The following conditions are applied to protect the amenity of the subject and adjoining developments:

 

2.       The proposed west-facing windows attached to the study and bathroom areas on the second (top) floor level are to be constructed with obscured / frosted / translucent glazing. Details demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority.

 

3.       The west-facing windows attached to the kitchen, bedroom and stairwell areas on the first floor level are to be constructed / replaced with obscured / frosted / translucent glazing. Details demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority.

 

4.       A minimum of four (4) bicycle parking spaces are to be provided within the development. The design and construction of the bicycle parking and storage facilities are to be consistent with Australian Standard 2890.3. Details demonstrating compliance with the above requirement are to be incorporated in the Construction Certificate documentation, to the satisfaction of the Principal Certifying Authority.

 

5.       A timber fence of 1.8m in height, as measured from the finished floor level of the communal terrace above the garage, is to be installed along the northern boundary of the site. The above fence is to be setback 5.5m from the eastern (Mount Street) boundary.

 

6.       Mail boxes for all residential units shall be provided adjacent to the main pedestrian pathway to the building, and are to be conveniently accessible by public postal services.

 

7.       The proposed tandem parking spaces are to be allocated to a 3-bedroom dwelling within the development. Details demonstrating compliance with this requirement shall be submitted to the satisfaction of the Principal Certifying Authority prior to the issue of any Occupation Certificate.

 

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:

 

8.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the approved drawings and the External Finishes Schedule, numbered 0805, prepared by Habitat Architects and received by Council on 30 October 2008.

 

9.       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.

 

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

 

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

 

12.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·           Stormwater management (i.e. rainwater tanks)

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

·           Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

------

------

Development cost more than $200000

$817,695

1.0%

$8,176.95

 

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

 

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

 

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

 

Regulatory

 

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

 

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

 

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

 

22.     Prior to the commencement of any building 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

 

23.     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 persons intention to commence building works.

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

28.     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.

 

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

 

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

 

30.     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

 

31.     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 balustrades to balconies, terraces / balconies and stairways.

 

Construction site management

 

32.     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)

 

33.     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.

 

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

 

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

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

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

·           as otherwise required by the Principal Certifying Authority.

 

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

 

35.     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.

 

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

 

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

 

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

·       effectively support  the excavation and building; and

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

 

Notes

 

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

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

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

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

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

 

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

 

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

 

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

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

39.     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.

 

a)     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.

 

b)     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.

 

c)     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.

 

d)     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. 

 

e)     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.

 

f)      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.

 

g)     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.

 

h)     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

 

40.     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 in accordance with clause C3.11 of the Building Code of Australia (BCA),

 

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

 

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

 

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

 

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

 

6)       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,

 

7)       The floors/ceilings separating the  residential units throughout the building shall be upgraded to achieve a resistance to the incipient spread of fire to the space above of not less than 60 minutes,

 

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 for a Class 2 building of type A construction.

 

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

 

41.     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.

 

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

 

42.     Prior to the issuing of a final occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a.   Construct concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

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.

 

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

 

45.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at (concrete/paved/tiled level) at the property boundary for the proposed garage shall not exceed a grade of 1:7 from the back of the existing Council footpath level.

 

46.     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. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

47.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $121.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

48.     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.

 

49.     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 condition is applied to provide adequate provisions for drainage and associated infrastructure:

 

50.     Stormwater runoff from the site shall be discharged to the kerb and gutter along the site frontage in Mount Street by gravity (without the use of a charged system).

 

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

 

51.     Landscaping at the site shall be installed in accordance with the Landscape Plan by Jane Irwin Landscape Architecture, job number 080901, drawing number L01, issue A, dated 27.10.2008, prior to the issue of a Final Occupation Certificate, and shall be maintained in accordance with these plans.

 

52.     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 installed prior to the issue of a final Occupation Certificate.

 

Tree Management

 

53.     Approval is granted for the removal of all existing vegetation within the site in order to accommodate the proposed works as shown, as all were observed to be insignificant, and too small to be covered by the Tree Preservation Order (TPO), and is subject to full implementation of the approved landscape plan.

54.     Permission is also granted for the selective pruning of those branches from the northern aspect of the xCuprocyparis leylandii (Leyland Cypress), located beyond the southeast corner of the subject site, within 54A Mount Street, close to the common boundary, as well as those 2nd and 3rd branches from the eastern aspect of the Quercus robur (English Oak), located beyond the southwest corner of the site, within 27 Abbott Street, which need to be specifically pruned in order to avoid conflict/interference during both the course and upon completion.

 

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

 

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

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

            before 7.00am or after 8.00pm on weekdays.

 

Advisory Conditions

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

 

Attachment/s:

 

Nil

  

Director City Planning Report No. CP8/09

 

 

Subject:                  212 Arden Street, Coogee

Folder No:                   DA/846/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Installation of bi-fold doors in the Sports Bar of the Coogee Bay Hotel

 

Ward:                      East Ward

 

Applicant:                Simmatown Pty Ltd

 

Owner:                         Simmatown Pty Ltd

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

This development application is referred to Council for determination at the request of Councillors Woodsmith, Matson, and Hughes.

 

The proposal involves installation of bi-fold windows in the place of fixed windows in the Coogee Bay Road frontage of the Sports Bar at the Coogee Bay Hotel. The windows would be open during the hours 7am to 8pm and closed outside of these hours or at any time there is more than 75 patrons in the Sports Bar.

 

The proposal is similar to an earlier application (for which consent was refused) except that 7 metres of bi-fold windows are now proposed and 13 metres of bi-fold windows were proposed in the earlier application.

 

The site is on the Corner of Coogee Bay Road and Arden Street, Coogee. The Coogee Bay Hotel is an item of Environmental Heritage under Council’s Local Environmental Plan and iconic tourist destination dating to the 1870s.

 

There are objections and they are primarily concerned with the potential for exposing anti-social or intimidating behaviour, alcohol consumption and smoking to users of the footpath. The Council refused consent to the earlier application on these grounds and the Land and Environment Court upheld Council’s refusal on a Class 1 appeal.

 

While a reduction in the length of bi-fold windows may reduce the magnitude of the impact, the reduced impact is not quantified by the applicant. In any case, it is arguable that any anti-social or intimidating behaviour spilling on to the street is not acceptable.

 

Following the Court’s conclusion, it would only be appropriate to consider bi-fold doors in the sports bar after a period of operation of the approved bi-fold doors in the beach bar (approved in an earlier application). Only then will there be sufficient empirical evidence to support (or not) additional bi-fold doors facing the street.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The proposal involves installation of bi-fold windows in the place of fixed windows in the Coogee Bay Road frontage of the sports bar at the Coogee Bay Hotel. The windows would be open during the hours 7am to 8pm and closed outside of these hours or at any time there is more than 75 patrons in the sports bar.

 

The proposal is similar to an earlier application (A section 96 modification application for which consent was refused, DA/423/2005/E) except that 7 metres of bi-fold windows are now proposed and 13 metres of bi-fold windows were proposed in the earlier application.

 

While the earlier application did not specify an opening regime for the windows, the staff recommendation included a condition that did, so that the only distinction between the present application and the refused application is the length of the bi-fold windows.

 

3.    The Subject Site and Surrounding Area

 

The site is on the Corner of Coogee Bay Road and Arden Street, Coogee. The Coogee Bay Hotel is an item of Environmental Heritage under Council’s Local Environmental Plan and iconic tourist destination dating to the 1870s.

 

The proposed bi-fold doors would be installed on the Coogee Bay Road frontage, approximately 45m from the junction of Arden St and Coogee Bay Road.

 

Coogee Beach is to the east and, as shown in figure 1, the area is zoned 3a General Business (blue), 2C Residential (orange), 5a Special Uses (yellow) and 6a Public Open Space (green).

 

Figure 1 – An aerial photograph and zone map

 

4.    Background

 

The Council refused consent to the earlier application on the following grounds:

 

·      This proposal is not in the public interest in that it:

 

o  represents an overdevelopment of the predominate use of the site, i.e the selling of alcohol;

o  is likely to alienate the usage of the footpath away from the broader body of beach users and shoppers;

o  the close proximity of drinkers at the windows will be likely to intimidate some sections of the community when they are using the footpath;

o  is likely to encourage an undesirable congregation of drinkers on the footpath around the windows.

 

·      The proposal does not meet with the objectives of the General Business zoning of the Council, (zone No. 3A); namely:

 

o  Clause 13(i)(a) - to maintain the viability of existing business centres;

o  Clause 13(i)(b) – to facilitate the development of land in places identified by the Council as suitable to be used as business centres for commercial, retail, residential and community purposes by providing and enhancing pedestrian and public open space for shoppers and workers; and by enhancing the employment opportunities concerning the needs of the local and regional community; and

o  Clause 13(i)(c) – to minimise the impact of development on adjoining nearby residential zones.

 

On appeal, the Land and Environment Court upheld Council decision. Commissioner Hoffman made the following relevant findings:

 

·      In coming to a conclusion on this matter, it seems to me the local residents have given unrefuted evidence of actual anti-social or uncomfortable (for the passing public) events that are relatively common outside the Coogee Bay Hotel. The licensing sergeant has the practical experience of other premises where he has found security management cannot stop liquor being passed to minors through windows that are directly accessible from the public footpath. Also he has seen persons and groups attracted to stand on the footpath outside concertina windows.

 

·      The applicant and its experts have only put to me that it will not get any worse, given the Management Plan.

 

·      The respondent [Council] put that the real experiences and reasonable concerns of the objectors should be taken into account, Perry Properties Pty Ltd v Ashfield Council (No. 2) [2001] NSWLEC 62, Kulin Holdings Pty Ltd v Penrith [1999] NSWLEC 157 and Telstra Corporation Limited v Hornsby Shire Council [2006] NSWLEC 133.

 

·      I have reached the conclusion that the real experiences and reasonable concerns of the local residents and the licensing police should not be ignored, particularly when the original consent that this appeal seeks to modify did not have concertina windows to the Sports Bar.

 

·      It seems to me a further matter is the ability to both see and hear the sports events on the public footpath outside the Sports Bar will attract the attention of the passer-by, and create the opportunity to stop singly or in groups to watch on a more frequent basis than persons seeing acquaintances either in the Beach Bar or at café tables on the footpath further up the street.

 

·      The objectors said that they were not aware until recently of the council’s previous approval of concertina doors and windows to the Beach Bar. This is probably due to the consent being given in 2004 and never having been built. Those concertina doors and windows have no restriction on opening hours or numbers in the Beach Bar. The applicant seeks to use this previous approval as a justification for this amendment application to another consent.

 

·      Those windows and doors are right on the corner of Arden St and Coogee Bay Rd where the pedestrian traffic is probably the busiest given the traffic lights and pedestrian crossings to the beach promenade and the north side of Coogee Bay Rd and along Arden Street. They will be the best test of whether the Management Plan and the re-orientation of the hotel to be more “community focused” will work.

 

5.    Environmental Assessment

 

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

 

The proposal does not respond to Council’s earlier reasons for refusal, or the Court’s findings. The problem remains that open bi-fold doors would allow:

 

·      passers by to be exposed to anti-social behaviour from the hotel patrons

 

·      liquor to be passed through the open windows to the unlicensed footpath (whether or not to minors)

 

·      passers by to both see and here sports events from the public footpath, creating the opportunity to stop singly or in groups to watch on a more frequent basis than people seeing an acquaintance either in the Beach Bar or at café tables on the footpath further up the street.

 

A reduction in the length of bi-fold windows may reduce the magnitude of the impact. However, the reduced impact is not quantified by the applicant, and in any case, it is arguable that any anti-social or intimidating behaviour spilling on to the street is not acceptable.

 

Following the Court’s conclusion, it would only be appropriate to consider bi-fold doors in the sports bar after a period of operation of the approved bi-fold doors in the beach bar. Only then will there be sufficient empirical evidence to support (or not) additional bi-fold doors facing the street.

 

Consequently, the approval is not in the public interest and the assessing officer recommends refusal on these grounds.

 

The applicant’s case in support of the proposal.

 

The proposed net reduction of operable windows is as a direct response to concerns that the previously refused application’s three fully operable windows would encourage the congregation of patrons outside the hotel on the public footpath.

 

Assessing Officer: Any opening in the wall allows anti-social or intimidating behaviour to spill out into the street. The applicant does not present any evidence to suggest that fewer operable windows would eliminate the impact, or reduce it to an acceptable level, if indeed there is an acceptable level of anti-social or intimidating behaviour.

 

The proposed replacement of the bi- fold windows is part of an overall strategy to improve the offer and service of the Coogee Bay Hotel. The proposed works are an important part of improving the ambience to the hotel and intern to its patrons.

 

The proposed works will not create any increase in the existing use of the hotel and is seen as part of a general program of improvements at the hotel that have been taking place over the last number of years.

 

Assessing Officer: The Hotel’s objectives cannot supplant the public interest.

 

No private use of the footpath is to be sought by the applicant and as such no tables or chairs are to be located in the public domain and as such by extension, no consumption of alcohol is to take place on the footpath outside the sports bar.

 

It is clear that the consumption of alcohol is not permitted on the footpath, and to the extent that some persons might speak to patrons through the open bi-fold windows, this would be no different from patrons talking to a person in the street adjacent to the many restaurants and cafes with outdoor seating on the footpath in the locality.

 

Moreover, we do note that Council has a control relating to the private use of public footpaths in its Footpath Dining and Trading Development Control Plan. This plan recognizes that there is nothing inherently problematic with the private use of the public domain in appropriate circumstances, as is seen by the success and popularity of outdoor dining adjacent the hotel and on both side of Coogee Bay Rd.

 

Assessing Officer: In fact, there is a significant order of difference between the kind of social interactions outside of a restaurant or a cafe and those outside of a hotel.

 

6.    Community Consultation

 

The proposal was notified an exhibited in accordance with Council policy. Submissions were received from the following addresses.

 

79 Beach St, Coogee

6/140 Beach St, Coogee

19 Farnham Ave, Randwick

optusnet.com.au

optusnet.com.au

83 Beach St, Coogee

 

The objections are primarily concerned with the potential for exposing anti-social or intimidating behaviour, alcohol consumption and smoking to users of the footpath.

 

The Coogee Precinct Committee made 2 submissions on the application and they are reproduced here:

 

Coogee Precinct Committee – Submission 1

I write to submit an objection on behalf of the Coogee Precinct Committee to DA -

846 I 2008 relating to the Coogee Bay Hotel's application to install Bi-Fold windows.

 

Our objections are based on the following reasons:

 

Increased Risk to Pedestrians on Coogee Bay Road

This development would cause a likely increase the congregation hotel patrons on

Coogee Bay Road which would create a hazard to passers-by. The footpath traffic

has a high concentration of senior citizens, mothers with prams and beach users who would need to avoid smoking patrons of the hotel who would temporarily leave the sports bar to light up on the street and continue to converse with patrons within the Sports Bar and Gaming area.

 

The existing fixed windows also provide protection to passers-by from the glass bottles and schooners served in the sports bar. Opening this area would increase the risk involving an innocent passer-by with any alcohol related violence which may emanate from within the Sports Bar. Restricting the hours of operation of bi-fold windows will not adequately insulate passers-by of these risks. Compromise of CCTV Footage & Hotel Security

 

Council needs to take into consideration the CCTV Cameras which are located in this vicinity and are vital in providing evidence for Police for investigating anti-social behaviour in the area. lt is noted that Coogee Bay Hotel CCTV provided footage in the investigation of the assault of David Keohane. lf the numbers of people who congregate around the area of the Gaming lounge entrance and Sports Bar increases, then the footage recorded by the CCTV camera's could be obstructed.

 

This would significantly undermine the strategies underway to prevent and solve crime in the area. As shown in the Statement of Environmental Effects submitted by the applicant, this area is also used as a cash drop/collection point for their security company Chubb. Crime statistics show that Gaming Lounges have an increased risk to be targeted for robbery and organised crime. This is another reason why this area should remain unobstructed.

 

Increase in the Carbon Footprint of the Sports Bar and Gaming Lounge

RCC recognises the importance of Ecologically Sustainable Development and the principles are built into the Local Government Act 1993. The Coogee Bay Hotel's Sports Bar and Gaming Area is a fully air conditioned area - a well known source of many building's contribution to their Carbon Footprint. Proposing to open up a fully air-conditioned area with bi-fold windows would be contrary to sustainable design practices and result in a significant increase in the carbon emissions required to maintain the air conditioning in the internal areas. This is an ideal opportunity for RCC to encourage more Ecologically Sustainable Development practices and reject the application. Overall, this Development Application substantially increases the safety risk to the people of Coogee and our view is that it should be rejected.

 

Coogee Precinct Committee – Submission 1

The Coogee Precinct Committee objects to this DA for all the same reasons as it objected to DA 423/2005/E. This earlier DA was refused by Council and an appeal from the hotel was dismissed by the LAEC in August 2008.


This new DA is to replace the two very large existing fixed windows to the Spirts Bar with new bi fold windows.


Our objections are as follows:


Women passing by on the footpath do not wish to endure comments from hotel patrons seated at the window and looking out. At the moment there is fixed glass between the passers-by and these patrons and whilst women suspect from the looks that comments are being made they are protected from the comments by the glass. Indeed the glass helps ensure women can walk by oblivious to the comments unless they happen to look in the direction of the patrons.


Children pass by on their way to and from the beach and the icecream parlour - parents do not want their children to have to overhear the language of the hotel patrons.

At the moment hotel patrons stand outside the Sports Bar for a smoke. This intrudes on passers-by and poses a passive smoking risk. Its also creates litter and that litter goes to the storm water. At present unpleasant as this is, the patrons do not linger. They have their smoke and move back inside the hotel. If the windows are open more patrons will stand outside smoking and they will stay for longer as they will be able to watch the sporting events on the big screen inside and chat to their mates seated at the windows.



 

This will create a health and safety hazard for people walking past especially for the elderly (of whom there are many in Coogee), children, local residents with their shopping and residents and visitors alike with prams and wheelchairs etc.


It will also create a hazard as the day wears on and the hotel patrons become increasingly intoxicated - a chance comment or physical contact by a passer-by on a crowded footpath can lead to violence. This part of
Coogee Bay Road has a history of violence associated. Police refer to this mix of hotel patrons and passers-by as a "toxic mix".


Having the windows open will allow the violence inside the hotel to more easily intrude onto the footpath. At the moment those seeking to evade hotel security can only exit via the two doors and the impact is contained. With the large windows being open offenders will be able to leap through onto the footpath and pose a threat to pedestrians going about their lawful business.


Council has a campaign to encourage residents to shop locally. For all the reasons above, many residents will think again about using the Coogee shopping centre for their grocery shopping and for their banking. This will further erode the viability of the shopping precinct and result in residents taking their business elsewhere. For those with cars that is likely to be Bondi Junction with its ample parking.


Commissioner Hoffman at the LAEC hearing on site on 25 August rejected the hotel's appeal against Council's refusal of DA 423/2005/E. His reasons were as follows:

·      that the real experiences and reasonable concerns of the local residents should not be ignored

·      that these concerns could be tested should the already approved concertina windows to the Beach Bar be installed but until such time, the new openable windows should not go ahead

·      that the ability to both see and hear the sports events on the public footpath outside the Sports Bar will attract the attention of the passer-by, and create the opportunity to stop singly or in groups on a more frequent basis than occurs at the cafes further up the street

This new DA 846/2008 is no different in substance from DA 423/2005/E. The only minor change is that the bi folds in the western half of the western window would not be openable. This does not address any of our objections above and seems solely for the benefit of the hotel. Keeping the windows closed in this location would help keep the entrance to the adjacent Gaming Room clear of the very crowding, smoke, violence and cigarette butt litter that we are concerned about!

 

Assessing Officer: The Precinct Committee’s concern about the potential for anti-social or intimidating behaviour to spill out onto the street are primary grounds for the refusal recommendation. The Committee’s other concerns are noted.

 

7.    Technical Officer’s Comments

 

The application has been referred to the relevant technical officers, including where necessary external bodies and the following comments have been provided:

 

NSW Police – Licensing Sergeant, Eastern Beaches Local Area Command

Re replacement of two existing fixed windows with two new bi-fold windows to the Sports Bar at the Coogee Bay Hotel (Heritage Item).

 

Police (sic) wish to raise a number of issues of concern if the subject DA was (sic) approved.

 

Police (sic) have concerns that patrons would loiter outside the premises on the footpath and conduct conversations with patrons inside the premises causing pedestrian obstruction.

 

Patrons could stand on the footpath and have alcohol passed to them from inside the premises.

 

It would be easy for patrons inside the premises to supply alcohol to minors standing outside the premises. This has been a problem at the Maroubra Bay Hotel which has a similar set up with windows.

 

Coogee Bay Road has a high volume of pedestrian traffic of people utilising Coogee Beach.  Patrons of the Sports Bar would be able to sit at the open windows, consume alcohol and harass people as they walk past.  This behaviour would be intimidating to women and children who frequent the area.

 

There would be an increase in noise being emitted from the premises.

 

For the reasons outlined above Police (sic) are of the opinion that if the subject application were to be granted it would not be in the interest of the community.

 

Assessing Officer: The Licensing Sergeant’s concerns are primary grounds for the assessing officer’s refusal recommendation.

 

Heritage Officer

 

The Site

The subject site is part of the Coogee Bay Hotel site, listed as a heritage item under Randwick LEP 1998.  The Randwick Heritage Study Inventory Sheet for the property notes that the building was used as a private school from 1863, before a second storey was added to convert it to a hotel, with many alterations and additions being made over the years.  A Conservation Study for the Coogee Bay Hotel was prepared by Orwell and Peter Ph