Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 14 April 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

14 April 2009

 

 

 

 

 

 

 

 

 

 

 

 

7 April 2009

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 14 April 2009 at 6:00pm.

 

 

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

 

Quorum:                           Eight (8) members.

 

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

 

Apologies/Granting of Leave of Absences 

Confirmation of the Minutes  

Planning Committee Meeting - 10 March 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D18/09      80 Bream Street, Coogee

D19/09      86 Houston Road, Kingsford

D20/09      66a Doncaster Avenue, Randwick

D21/09      29 Bay Parade, Malabar

D22/09      194 Botany Street, Kingsford

D23/09      7 Mermaid Avenue, Maroubra

D24/09      64-66R Minneapolis Crescent, Maroubra

D25/09      7 Minneapolis Crescent, Maroubra

D26/09      29W Finucane Crescent, Matraville

Miscellaneous Reports

Nil   

 

Closed Session

Nil

 

Notices of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

14 April 2009

 

 

 

Development Application Report No. D18/09

 

 

Subject:                  80 Bream Street, Coogee

Folder No:                   DA/938/2008

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Install new balconies to the southern rear elevation of the building, change window openings to doorways and replace existing fire stairs with new fire stairs.

 

Ward:                      East Ward

 

Applicant:                GK Strata Management - Broadway 2

 

Owner:                         Proprietors SP 12825

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee Meeting for determination as the proposed development exceeds by more than 10% the 12 metre height standard under Clause 30(2) of the Randwick Local Environmental Plan 1998.

 

The proposal is for the installation of rear balconies to the existing 5 storey residential flat building. It also includes converting windows to accessible doorways and replacing fire stairs with a new set.

 

The alterations and additions have a maximum height of 14 metres and the applicant has submitted a SEPP 1 application arguing that compliance with the standard is unreasonable and unnecessary under the circumstances of the case. In particular, they argue that the extent of the non-compliance is relatively minor having regard to the fact the development is located along the outer face of the southern rear elevation and does not extend beyond the height of the existing building and the adjoining properties contain residential flat buildings of similar bulk and scale.

 

Notwithstanding the above, the proposed development creates the potential for overlooking into the habitable living rooms of flats located east of the subject site at 82 Bream Street. In response, the applicant raises no objection to the installation of privacy screens along the eastern side of balconies closest to the neighbouring property.

 

Overall, it is considered the proposed development is acceptable and will not result in any significant adverse environmental impacts in terms of overshadowing or loss of amenity to adjoining properties.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

It is proposed to install new balconies to the northern rear elevation of the building, change window openings to doorways and remove the existing external fire stairs with build new fire stairs.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the southern side of Bream Street in Coogee and is presently occupied by an existing five storey post war brick art deco residential flat building. Neighbouring the property to the east is a five storey residential flat building and to the west is a multi storey residential flat building. To the rear the property adjoins the rear of strata titled residential flat building. The surrounding area is residential in character and consists predominantly of various styles of multi storey residential flat dwellings. Figure 1 is an aerial view of the subject site and adjoining sites.

 

Figure 1: Aerial view of subject site at 870 Bream Street and rear extent of adjoining residential flat buildings.

 

4.    Site History

 

DA/3/2006 granted consent to replace the existing rear exit stairs with new metal fire stairs however the development has not been carried out.

 

5.    Community Consultation

 

The proposal has been notified (from 26 February 2009 to 13 March 2009) in accordance with the DCP – Public Notification. An extension was granted to the planning consultants acting for the site to the rear at 123-129 Dolphin Street to the close of business Tuesday 19 March 2009. The planning consultants have informed Council they do not wish to lodge an objection. As a result of the notification, no submissions were received.

 

6.    Technical Officers Comments

 

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

 

6.1    Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions being placed on the consent.

 

7.    Master Planning Requirements

 

The site measures less than 4000sqm and therefore does not require a master plan.

 

 

8.    Relevant Environmental Planning Instruments

 

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

 

-        Environmental Planning and Assessment Act 1979 as amended.

-      Randwick Local Environmental Plan 1998.

-      Building Code of Australia.

-      State Environment Planning Policy (Building Sustainability Index: BASIX) 2004.

-       Section 94 Contributions Plan

-      Development Control Plan– Multi Unit Housing

 

(a)    Randwick Local Environmental Plan 1998

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

The following clauses of LEP 1998 are relevant to the proposed development:

 

o  Landscaped Area

Clause 31 of LEP 1998 states that a minimum of 50% of the site area must be provided as landscaped area for multi-unit housing.  Landscaped areas over podiums or excavated basement areas must not exceed 50% of that requirement.

The proposal does not reduce the level of landscaped area provided to the site.

 

o  FSR

Clause 32 of LEP 1998 states that a maximum floor space ratio for land zoned 2B is 0.65:1 and land zoned 2C is 0.9:1.  However, if the site is located on land zoned 2C and has less than a total site area of 700 m2; the floor space ratio is 0.65:1.

The proposal does not result in an increase in the floor space ratio as the balconies are open structures.

 

o  Height

Clause 33 (2) of LEP 1998 imposes a maximum overall building height of 12 metres for buildings on land zoned 2C.

The proposal does not comply with the maximum building height control of the Randwick Local Environmental Plan 1998 as follows:

 

Control

Requirement

Proposal

Complies

Maximum Building Height

12m

14m

No

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards (SEPP 1), and has argued that strict compliance with clause 30(2) of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters must be addressed:

 

1.      Whether or not the planning control is a development standard

The building height controls in question is a development standard contained in the Randwick LEP 1998, and is not expressed as a prohibition.

 

2.      The underlying object or purpose of the standard

 

The underlying object/purpose of the standard, as outlined in Randwick LEP 1998, is:

 

" to set upper limits for the heights 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”.

 

3.      Consistency of the development with local planning objectives for the locality, aims of SEPP No.1 and the objectives of the Act.

 

The proposed development will be consistent with planning objectives for the locality in that: 

It improves amenity for occupants whilst not adversely affecting the character of the locality and residential amenity of neighbouring properties.

 

The aims and objectives of SEPP No.1 are to provide:

 

“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 objects of the Act under Section 5 (a) (i) and (ii) are:

 

“to encourage:

 

(iii)     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 purposes of promoting the social and economic welfare of the community and better environment;

 

(iv)     The promotion and co-ordination of the orderly and economic use and development of land.”

 

The variation from the prescribed maximum building height is consistent with the aims of the SEPP No.1 and would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and economic development of the subject land.

 

4.      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed maximum building height would be unnecessary and unreasonable for the subject site for the following reasons:

 

·      It would preclude an older building from being adapted towards the current design guidelines by not allowing all rear units to be provided areas of functional outdoor open space and

·      Any amenity impacts have been suitably ameliorated

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets the purpose of Clause 33 (2).

 

5.      Whether the objection is well founded.

 

The applicant has submitted the following arguments in support of the SEPP1 objection:

 

·      Articulated the underlying stated objectives of the standard clearly.

·      Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

·      Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

·      Stated why compliance with the development standard is unreasonable and unnecessary, namely that:

 

·      The proposed non-compliance does not result in any adverse impacts on the surrounding buildings. In particular:

 

-    The privacy screens added to the balconies closest to the eastern boundary will protect the neighbouring occupants privacy;

 

-    Existing landscaping along the southern boundary currently provides some level of privacy to  the building opposite;

 

-    The balconies western side is not directly in line with any habitable room windows on the adjoining property;

 

-    There will be no adverse impact to the streetscape as the works are located at the rear of the existing building.

 

It is considered that the SEPP 1 objection is well founded and should be supported having regard to the minor nature of the breach in the maximum height and the proposed development will not be visually intrusive in the existing setting nor detrimentally affect the amenity of adjoining and surrounding properties.

 

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

The building has been strata subdivided and as such SEPP 10 is not applicable.

 

Clause 46 Proximity to a Heritage Item

A heritage item is located at the adjoining site at 82 Bream Street on the corner of Arden and Bream Streets. Given no works are proposed to the front of the dwelling and the finished work is unlikely to be viewed from the public realm, it is considered there will not be any adverse impact on the aesthetic significance of the heritage item.

 

State Environmental Planning Policy No.55 - Remediation of Land

The proposed works are limited to footings and given the sites residential use over a lengthy period of time it is unlikely to having sustained any previous uses which may have resulted in contamination.

 

State Environment 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 proposal does not include any new units or class of works which would require a BASIX certificate.

Section 94A Development Contributions for all applications lodged from 2 July 2007:

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of works with a value less than $100,000.

 

8.1      Draft Environmental Planning Instruments

The proposal is consistent with the general aims and objectives of the draft RLEP 2007.

 

8.2 Policy Controls

a.    Development Control Plan No. 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.)

Height

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

10m external wall height and 12m overall height.

See discussion under SEPP 1 objection above.

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.

 

Building Setbacks

P2  Side boundary setbacks

Side setbacks to ensure:

S2  Zone 2C

Minimum average setback 5 metres.

1.7m to western side and 1.5m to eastern side boundary. Does not comply.

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

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 setbacks are acceptable on the basis of the following:

o  The balconies do not protrude beyond the existing side boundary setbacks and

o  The balconies are sufficiently offset, separated and screened from habitable windows and open spaces on

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 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

6 metres setback to the rear boundary which complies with the minimum however the stairs are only setback 4.5m from the boundary which does not comply.

It is also noted the rear setback of the balcony means that there may be some overlooking into the common property of the 123-129 Dolphin Street, however it is considered acceptable on the basis that there is approximately 11m separation between the proposed balconies and the rear properties balconies and terraces.

Overall, the proposed rear setback is considered acceptable on the basis that the structures are relatively open, they are relatively small areas and the separation is considered adequate so as not to result in any significant or unreasonable adverse amenity impacts on neighbouring properties or their occupant’s.

Landscaping and Private Open Space

P1  Landscaped Areas

 

 

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

 

No change

P3  Private Open Space

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

 

Complies.

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.

 

A site visit indicates that the proposed balconies will have an outlook onto the habitable windows of flats to the east at 82 Bream Street.

The applicant does not object to the inclusion of privacy screens at eastern edge of balconies facing these windows. It is considered the privacy screens will mitigate privacy impacts.

A suitable condition is included in the recommendation.

View Sharing

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

 

Views from adjoining sites will not be significantly affected by the proposal as no view corridors are evident along the path of the development.

Heritage Conservation Areas and Heritage Items

P1  Design and construction of development:

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

 

 

The subject site adjoins a heritage item at 82 Bream Street. The proposed development will not be immediately viewable from street level as the heritage item extends further to the rear than the subject

§ Retains the identified significance of the item or area;

 

development, which means it is unlikely to result in any adverse impact on the significance of the heritage item.

P2 Respects nearby heritage buildings.

 

P4  New development:

§ Maintains a curtilage between heritage buildings and new buildings;

§ Retains sightlines from public areas to the heritage item.

 

 

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.

 

The works are located to the rear of the site and are not readily visible from the foreshore and therefore unlikely to result in any appreciable adverse impact on the significance of the foreshore scenic protection area.

 

8.3 Council Policies

None applicable.

 

9.    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.

 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development.

Direction 4a:Improved design and sustainability across all development. Maximise opportunities for residents to enjoy both active and passive open areas. Achieve sustainable and high quality design for alterations and additions with particular recognition of areas that are under pressure and need a balanced approach such as beach suburbs. Manage the impact of new and existing development.

 

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

 

Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP – Multi Unit Housing and will not result in any unreasonable or significant adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

 

Recommendation

 

A.  That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause of the Randwick Local Environmental Plan 1988, relating to Clause 33(2) Height, on the grounds that the proposed development is consistent with the objective of the clause and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.  That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/938/2008 for permission to install new balconies to the northern side of the building, replace existing fire stairs with new fire stairs and changes to the window openings on the northern elevation at 80 Bream Street, Coogee subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 1, 1A, 3 & 4, dated December 2008 and received by Council on 22 December 2008, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       Privacy screens having a height of 1.8m must be provided to eastern edges of balconies located closest to the western elevation of the adjoining building at 82 Bream Street, Coogee. The privacy screens shall be designed so that they prevent viewing into habitable rooms at 82 Bream Street. Details of compliance are to be provided in the construction certificate plans and to the satisfaction of the appointed Principle Certifying Authority

 

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

 

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

 

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

 

The following conditions are 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 fire safety:

 

5.       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.

 

6.       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.

 

7.       Prior to the commencement of any building works (including necessary upgrading works specified in the conditions of this consent), 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.

 

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

 

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

 

ii)       appoint a principal contractor for the building work, or in relation to residential building work, obtain an owner-builder permit in accordance with the requirements of the Home Building Act 1989, and notify the Principal Certifying Authority and Council accordingly in writing, and

 

iii)       unless the person having the benefit of the consent is the principal contractor (i.e. owner-builder), notify the principal contractor of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority, and

 

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

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

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

 

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

 

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

 

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

 

10.     A sign must be erected and maintained in a prominent position on the site, which contains the following details:

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

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

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

 

11.     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.

12.     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.

 

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

 

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

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

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

 

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

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

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

 

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

 

14.     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.

15.     The existing levels of fire safety and amenity 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 electricity meter box and switchboard located in the required exit or in any corridor, hallway lobby or like leading to a required exit are to be enclosed in non-combustible construction or fire protective covering, with doorways or openings suitably sealed against smoke spreading from the enclosure, in accordance with Clause D2.7 of the Building Code of Australia.

 

b)       The main entry/exit doors are to be altered so as to swing in the direction of egress or alternatively the main entry/exit doors are to be provided with an automatic hold open device, to assist persons seeking egress in the event of an emergency.

 

c)       Doors in a required exit, forming part of a required exit or in the path of travel to a required exit is required to be readily openable without a key from the side that faces a person seeking egress, by a single hand downward action or pushing action on a single device which is located between 900mm and 1200mm from the floor in accordance with Clause D2.21 of the Building Code of Australia.

 

d)       The building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units.

 

A smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia is required to be installed in accordance with the following requirements:

 

1.     smoke alarms are required to comply with AS 3786 - Smoke Alarms, and be powered from the mains electric power source, and provided with a battery back-up.

 

2.     in kitchens and other areas where the use of the area is likely to result in smoke alarms causing spurious signals, heat alarms may be installed in lieu of smoke alarms.

 

3.     smoke alarms must be installed within each sole-occupancy unit, located on or near the ceiling in:

i)      any storey containing bedrooms, located between each part of the sole-occupancy unit containing bedrooms and the remainder of the sole-occupancy unit; and where bedrooms are served by a hallway, located in that hallway; and

ii)      any storey not containing any bedrooms, located in egress paths; and

 

4.     in a building not protected with a sprinkler system, smoke alarms are to be provided in public corridors and other internal public spaces, located in accordance with the requirements for smoke detectors in AS 1670.1 and the smoke alarms located within the public corridor/stairway must be interconnected to activate a building occupant warning system in accordance with Clause 6 of Specification E2.2.a.

 

[Clause 6 requires that the system to comply with Clause 8.7 of AS 1670.1 to sound throughout all occupied areas, except that the sound pressure level need not be measured within a sole-occupancy unit if a level of not less than 85dB(A) is provided at the door providing access to the sole-occupancy unit and the inbuilt sounders of the smoke alarms may be used wholly or partially to meet the requirements].

 

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

 

e)       The following works are to be undertaken to provide reasonable levels of fire resistance between sole occupancy units:

 

f)       1.     The ceilings throughout the top floor of the building (including stairways and corridors) are to be provided with material having a resistance to the incipient spread of fire to the roof space above, of not less than 60 minutes, or alternatively;

 

2.     i)      Extend the walls of the units and the stairwell to the underside of the roof in material having a fire resistance of -/60/60 or provide a ceiling within the stairwell having a resistance to the incipient spread of fire to the space below, of not less than 60 minutes and

 

ii)      Interconnect the smoke alarms located within the sole occupancy units occupying the top floor level and throughout all corridors and stairways within the building.

 

Details of the preferred option are to be submitted to and approved by the certifying authority prior to commencement of works.

 

g)       Provide a ceiling having a resistance to the incipient spread of fire of not less than 60 minutes within the laundries located at basement floor level.

 

h)       Provide emergency lighting to the stairways and corridors, in accordance with the provisions of Clauses E4.2 and E4.4 of the Building Code of Australia and AS/NZS 2293.1 (1998).

 

i)        Provide a portable fire extinguisher adjacent to the electricity meters, to satisfy the provisions of Clause E1.6 of the Building Code of Australia of Australia and AS 2444 (1995).

 

j)       Provide a self-closing, -/60/30 fire rated door to the front entry doorway of each sole-occupancy unit, in accordance with Clause C3.11 of the Building Code of Australia.

 

k)       Remove the timber enclosure under the staircase or alternatively reconstruct the enclosing walls and ceiling with material having a fire resistance level of -/60/60 and the access doorway is to be fitted with self closing -/60/30 fire door, in accordance with Clause D2.8 of the Building Code of Australia.

 

l)        Prior to commencing the abovementioned fire safety 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.

 

16.     Upon completion of the fire safety upgrading works and prior to the issuing of an occupation certificate [or strata subdivision certificate], a final fire safety certificate is to be submitted to Council and a copy of the fire safety certificate and fire safety schedule are to be displayed in a prominent position within the building (ie entrance area), in accordance with the provisions of the Environmental Planning and Assessment Act 1979.

 

17.     A Certificate of Adequacy 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 [or strata subdivision certificate], certifying the structural adequacy of the building and that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

18.     A Certificate of Adequacy prepared by a professional engineer, shall be submitted to the Council prior to the issuing of an occupation certificate, certifying the structural adequacy of the,

 

a)       new stair and balustrading

 

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

 

19.     All demolition work is to be carried out in accordance with the provisions of AS2601-1991.  The Demolition of Structures, as in force at 1 July 1993.

 

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

 

21.     All building, demolition and associated site works must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive, between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and public holidays, except with the specific written authorisation of Council’s Manager of Environmental Health and Building Services.

 

The use of any rock excavation machinery or any mechanical pile drivers is restricted to the hours of 8.00am to 5.00pm (maximum), Monday to Friday inclusive and from 8.00am to 1.00pm on Saturday, to minimise the noise levels during construction and loss of amenity to nearby residents.

 

22.     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.

 

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

 

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 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.

 

24.     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.

 

25.     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, unless the waste container is located upon the road in accordance with the Roads & Traffic Authority Guidelines and Requirements, and the container is exempt from an approval under Development Control Plan for Exempt & Complying Development and Council’s Local Approvals Policy.  Applications to place a waste container in a public place can be made to Council’s Building Services section.

 

26.     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.

 

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

 

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

 

28.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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

 

ADVISORY MATTERS:

 

A1.     The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA).

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA, including:

 

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part E1                  -     Fire fighting equipment

d)     Part E2                  -     Smoke Hazard Management

e)     Part E4                  -     Emergency lighting, exit signs & warning systems

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

14 April 2009

 

 

 

Development Application Report No. D19/09

 

 

Subject:                  86 Houston Road, Kingsford

Folder No:                   DA/787/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of 2 separate buildings for the purpose of a boarding house consisting of 16 x self-contained units plus 1 x caretaker’s flat, car parking for 2 vehicles and associated landscape works.

Ward:                      West Ward

Applicant:                Apex Investment Holdings Pty Ltd

Owner:                         Apex Investment Holdings Pty Ltd

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject proposal is referred to the Planning Committee Meeting for determination as it contains variations to the floor space ratio and landscaped area development standards stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%.

 

The subject application is for demolition of the existing structures on site and construction of 2 separate buildings for the purpose of a boarding house consisting of 16 x self-contained units plus 1 x caretaker’s flat, car parking for 2 vehicles and associated landscape works.

 

The subject site is located on the eastern side of Houston Road, between Borrodale Road and Southern Cross Close, and is rectangular in shape. The site has a frontage width of 9.60m, side boundary depth of 51.50m and land area of 494.4m2. The site is adjoined to the north by a part 3- and part 4-storey residential flat building. Immediately to the south of the site is a Council car park with driveway access from Houston Road. The locality is predominantly characterised by a mixture of detached and multi-unit residential developments.

 

The application was advertised and notified to the adjoining and nearby properties from 12 to 26 November 2008 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. The application was re-notified from 3 to 17 December 2008 to the same properties in order to provide a more detailed description of the proposed development. A total of 2 submissions were received at the conclusion of the public consultation process. The issues raised are in relation to building bulk and scale, visual and acoustic privacy, overshadowing and car parking.

 

The site is within Zone No. 2C (Residential C Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2C Zone, in that the development will deliver affordable accommodation and allow diversity of housing types in the locality. The development scheme incorporates suitable design measures that minimise the visual scale and bulk of the structures, and is considered to carry positive design merits.

 

The proposal provides a total of 206.0m2 of landscaped area, which equates to 41.7% of the total site area. The proposed landscaped area provision does not comply with the minimum standard of 50% of site area as stipulated in RLEP 1998. The landscaped area control is a numerical development standard contained in the LEP.

 

The proposal has a floor space ratio (FSR) of 1.49:1, which equates to 736.9m2 gross floor area and does not comply with the maximum permissible FSR of 0.65:1 stipulated in RLEP 1998. However, it should be noted that the proposal includes mezzanine levels to some of the units that do not add significantly to the perceived bulk of the building and as such the effective FSR of the proposal is somewhat less. A proportion of the floor space is also below ground level thereby not increasing the visual bulk and scale of the building.

 

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 site is elongated in shape with a narrow frontage of only 9.60m. The development scheme proposes the construction of two separate buildings, which are staggered in position from each other in order to minimise the visual scale of the structures. The design incorporates a central courtyard between the building blocks, which is capable of supporting mass deep soil planting. The proposal will create a suitable landscape ambience to the buildings and minimise amenity impacts on the neighbouring properties. The SEPP No. 1 Objection has been assessed and is supported.

 

The proposal will result in a shortfall of the required car parking provision under the Parking DCP by 1 space. The proposed parking provision is justified by the site’s proximity to the Kingsford Commercial Centre and public transport services along Anzac Parade and Gardeners’ Road. The site is also located within reasonable walking distance from the University of New South Wales main campus, and is considered to be highly suitable for use as a boarding house.

 

The proposed Building A (western building) has nil setbacks from the northern side boundary. This is due to the reservation of a 2.0m setback from the southern boundary for minimising adverse impacts on the existing trees within the adjoining Council car park. Building B (eastern building) has nil setbacks from the southern boundary, due to the reservation of a 2.0m setback from the northern boundary for maximising landscape screen planting for the flat building at No. 82-84 Houston Road.

 

The side walls of the buildings are appropriately articulated and will minimise adverse visual impacts as viewed from the surrounding public and private domain. The square shaped openings on the side walls are predominantly in filled with obscured glazing. The living room windows of the development have been staggered away from those of the adjoining residential property. The landscape design has maximised the planting of native shrub and tree species on the site, which will visually soften the building structures and minimise potential privacy impacts. Therefore, the proposed side setback arrangement is considered satisfactory.

 

The proposed accommodation units within the boarding house are self-contained with a private bathroom, kitchenette and washing machine. All units are adequately equipped and have access to a small private terrace or balcony as well as a communal courtyard for passive recreation purposes. 

 

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 by deferred commencement. The deferred commencement conditions will require additional details relating to the external materials and treatment of the concrete surface to be submitted for approval.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot A in DP 333190, No. 86 Houston Road, Kingsford. The site is located on the eastern side of Houston Road between Borrodale Road and Southern Cross Close, and is rectangular in shape. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern, side boundary

51.50m

 

Southern, side boundary

51.50m

 

Western, Houston Road boundary

9.60m

 

Eastern, Houston Lane boundary

9.60m

 

 

 

494.4m2

 

The site slopes from the north-east to the south-west with a cross fall of approximately 4.33m (from RL 27.18m to RL 22.85m).

 

At present, the site is occupied by a single-storey cottage of brick and tiled roof construction, with two detached single garages to the rear accessible from Houston Lane. The building is being used as a health consulting room.

 

The site is adjoined to the north by a part three- and part four-storey residential flat building (No. 82-84 Houston Road), which has secured garages fronting Houston Road. Immediately to the south of the site is a Council car park with driveway access from Houston Road (No. 88-90P Houston Road). To the west of the site on the opposite side of Houston Road is a four-storey residential flat building (No. 117-119 Houston Road). To the east on the opposite side of Houston Lane are the rear service areas of two commercial buildings with frontages to Anzac Parade (Nos. 345 and 347 Anzac Parade). The locality is predominantly characterised by a mixture of detached and multi-unit residential developments.

 

 

Figure 1 Houston Road elevation of the existing cottage on site

Figure 2 Existing garages to the rear of the site as viewed from Houston Lane

 

Figure 3 The rear garden area of the existing cottage; the adjoining residential flat building at No. 82-84 Houston Road is seen in the background

Figure 4 The Council car park located to the south of the site; the existing cottage and the adjoining residential flat building are seen in the background

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of all existing structures on site.

·      Construction of 2 separate buildings (being Buildings A and B as shown on the submitted drawings) for the purposes of a boarding house. The buildings are part 2 and part 3 storeys in height with mezzanine floors and contain a total of 16 x units plus 1 x manager’s flat.

·      Provision of 2 car parking spaces to the rear of the site accessible from Houston Lane. A basement garbage and rainwater tank storage area is located below the car park.

·      General landscape works.

 

The proposal features the following characteristics:

 

·      All of the residential units are self-contained with private bathroom, kitchenette and laundry facilities.

·      A total of 8 units are of a split-level design, with the remaining 8 units and manager’s flat being single-storey in configuration.

·      All units are designed for occupation by a maximum of 2 persons.

·      A common room is provided on the lower ground floor of Building A.

·      A caretaker will be employed on site with the responsibilities of garbage disposal, cleaning, maintenance and general management duties.

 

4.      Site History

 

4.1    Previous development applications relating to the site

DA/899/2006

Demolition of existing structures on site and construction of a residential flat building containing 6 x 2-bedroom dwellings with basement car park accessible from Houston Road, and removal and replacement of landscape planting in the adjoining Council owned car park.

 

The application was refused by Council’s Health, Building and Planning Committee on 11 September 2007.

 

DA/460/2008

Alterations and additions to an existing dwelling house, construction of a 2-storey extension to the rear, installation of fencing and change of use to a boarding house with 17 rooms and on-site car parking.

 

The application was withdrawn on 26 August 2008.

 

4.2    Plan amendments

A request was made by letter dated 3 November 2008 for the submission of amended plans and additional information addressing the following issues:

 

·      The original design presented a continuous wall of over 40m in length along the southern elevation on all levels. The southern elevation also had nil setbacks from the property boundary and directly abutted Council’s land. The design scheme resulted in breaches against the landscaped area, floor space ratio and external wall height standards stipulated in RLEP 1998. The scale and proportion of the development, when read in conjunction with the high degree of non-compliance with the statutory controls, were considered to be excessive.

·      It was recommended that the proposal adopt a 2-block design with significant landscaped area provision, in order to improve the visual scale and amenity for both the adjoining neighbours and the occupants.

·      The submitted Arboricultural Survey Report identified the significance of the existing Bangalay and Broad-leaved Paperbark trees within the Council car park located to the south of the site. However, the report did not establish whether the above trees would need to be removed as the spread of the root system was unknown. Therefore, despite the fact that these trees were nominated for retention on the Landscape Plan, it was a possibility that they would be removed during construction.

·      The western (Houston Road) elevation of the building was predominantly occupied by access stairs with no living room windows. The design was not considered to have provided satisfactory casual surveillance opportunities.

·      All of the proposed dwellings were oriented to the north. The southern elevation of the adjoining building at No. 82-84 contains bedroom and bathroom windows on all levels. It was recommended that fixed or operable privacy screens be installed for the first floor balconies to minimise overlooking.

 

A meeting between the applicant and Council’s assessment officers was held on 7 November 2008.

 

Following the meeting, draft amended plans were submitted on 19 November 2008 for Council’s opinion. Council provided written comments on the draft revised scheme on 20 November 2008.

 

Revised drawings and arboricultural report were subsequently submitted on 24 November and 1 December 2008 respectively.

 

Further amended drawings were submitted to Council on 17 March 2009 following referrals to the Design Review Panel. In summary, the revised design adopts a two-block approach to avoid a monolithic building mass. Adequate setbacks have been provided to minimise impacts on the existing trees within the Council car park. The design of the individual dwelling units has been amended to facilitate the placing of furniture. Additional details relating to the configuration of the boundary screen walls and ventilation arrangement have also been included. These drawings form the basis of this assessment.

 

5.      Community Consultation

 

5.1    First notification

The subject application was advertised and notified from 12 to 26 November 2008 to 101 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans.

 

5.2    Second notification

The application was re-notified from 3 to 17 December 2008 to the same properties in accordance with the provisions of the Development Control Plan. The reason for the re-notification was to provide a more detailed description of the proposed development.

 

5.3    Submissions

The following submissions were received at the conclusion of the public consultation process:

·      12/82-84 Houston Road, Kingsford

·      117 Houston Road, Kingsford

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The proposed development is of an excessive bulk and scale.

 

The revised development scheme proposes the construction of 2 separate buildings in lieu of a single, monolithic structure, and is considered to have minimised potential visual and amenity impacts on the surrounding areas. Refer to the “SEPP 1” section of this report for details.

 

The proposal will result in adverse privacy impacts on the adjoining residential flat building at No. 82-84 Houston Road. Specifically, the proposed windows, balconies and room entries will overlook the windows and private open space of the above building.

 

The revised proposal has incorporated suitable design measures, including the use of obscured glazing, to minimise privacy impacts on the adjoining neighbours. Refer to the “Environmental Assessment” section of this report for details.

The proposal will reduce daylight access to No. 82-84 Houston Road.

 

The subject site is located to the south of No. 82-84. The proposed buildings are not considered to result in significant reduction of daylight access to the above neighbouring property.

 

The proposal will accommodate a significant number of residents in the building and result in noise impacts on the neighbours. 

 

The proposal has a density, which is similar to other residential flat buildings in the locality. The development has incorporated suitable design measures, such as landscaping, to minimise noise impacts on the adjoining neighbours. Refer to the “Environmental Assessment” section of this report for details.

 

The proposed development does not provide sufficient on-site parking spaces and would reduce kerb-side parking in the area.

The development is considered to be satisfactory having regard to parking and traffic issues. Refer to the “Parking DCP” section of this report for details.

 

6.      Technical Officers Comments

 

6.1    Building Surveyor

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

 

The Proposal

The proposal provides for the demolition of the existing dwelling, currently used as a doctor’s surgery, and construction of a new 4 storey Multi Unit Housing residential development to be used as a boarding house containing 18 sole occupancy units.

 

BCA Building Classification

Class - 3 (Boarding house)

 

Background

The existing building on site is a post war brick cottage bounded by buildings of a similar nature and more modern RFB’s.

 

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.

 

Noise:

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

 

Site Management:

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

 

Access for people with a disability:

Access and facilities for people with disabilities are required under the provisions of the Building Code of Australia, and an adaptable unit is proposed.

 

6.2      Development Engineer and Landscape Development Officer

 

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

 

Landscape Comments

The previous Engineering report for a residential flat building at the subject site, dated 28/08/07, outlined several issues of concern to Council, being:

 

·      Impact on the root systems of several large native trees within Council’s public car park, in the adjoining property to the south, from excavations associated with the proposed basement level and wall alignment along the length of the southern boundary;

·      The resulting loss of one space in this public car park; and

·      The excessive amount of landscaped area over podium/basement (non-compliance of 20% or 50 sqm).

 

However, this current proposal for a boarding house is much more favourable, and will not pose the same threats as described above due largely to a reduced footprint and increased side setbacks, with comments and conditions now able to be provided as follows.

 

On Council’s Houston Road nature strip, towards the northern half of the site, there is one Lophostemon confertus (Brush Box) of approximately 6 metres in height which appears in reasonable condition, is covered by the provisions of Council’s Tree Preservation Order (TPO) given its location on public property, and forms part of an avenue planting of this species along the majority of this street, and therefore, needs to be maintained.

 

The only work in the area surrounding this street tree will be a new front boundary fence, and reconstruction of the public footpath; however, the indirect threats of mechanical damage from site machinery, as well as the stockpiling of materials around its trunk, are seen as the main issues which may affect its preservation.

 

Therefore, protective fencing as a physical barrier will need to be provided, with a monetary bond also imposed as security for compliance with the measures that have been described in this report.

 

As previously indicated, no objections would be raised to removal of the Lagerstroemia indica (Crepe Myrtle) located in the rear yard, about halfway along the northern boundary, due to its average condition, subject to implementation of replacement landscaping which will be of benefit to future occupants.

 

The small Citrus x lemon (Lemon Tree), located within the rear yard of the adjoining property to the north (82-84 Houston Road), close to the common boundary, and adjacent the southeast corner of this neighbouring building is too small for the TPO, and as it should not be affected, conditions relating to it are not necessary.

 

Similarly, while the 3 metre tall Callistemon viminalis (Weeping Bottlebrush), growing beyond the southwest corner of the site, within the adjoining Council car park (identified as 88-90P Houston Road), should also not be affected given an absence of any major works in this area of the subject site, Council requires that all vegetation on this public property adjoining the development site be adequately protected and retained as part of this application.

 

Immediately east of the tree described above, there is one large Eucalyptus robusta (Swamp Mahogany), of approximately 18 metres in height with a canopy spread of 15 metres, which is across almost the full width of this carpark, with a substantial amount of its northern aspect already overhanging the existing single storey dwelling within the subject site.

 

It is the most established tree in the immediate surrounds, and is afforded protection by Council’s TPO due both to its size, as well as the fact it is located on public property. It provides shade, softens the appearance of surrounding high rise buildings, and more importantly, offers a food and habitat source for native fauna given it is an endemic species (occurs naturally) in the Randwick LGA, so is seen to offer a benefit to the local environment.

 

While the proposed building will maintain roughly the same side setback of approximately 900mm - 1000mm that is currently provided by the existing single storey dwelling, a high level of care will still need to be taken, with the amount of pruning required in order to achieve a satisfactory separation between the tree and proposed works during both the course of demolition, construction as well as upon completion needing to be considered, with several 3rd and 4th order branches from its northern aspect needing to be pruned.

 

However, any impact has been assessed as an amount that this tree could sustain, with specific conditions requiring the applicant to contact Council prior to commencement in order to confirm the extent of pruning allowable.

 

Continuing further to the east, there is also one 5 metre tall Eucalyptus nicholii (Willow Leafed Peppermint), which appears in poor condition due to being suppressed under the more dominant canopy of the tree discussed above, and one 6 metre tall Melaleuca quinquinervia (Broad Leafed Paperbark), of reasonable health and condition, with both also needing to be pruned in the same fashion as has been discussed above.

 

The smaller Cotoneaster, dead Gum Tree and Hibiscus rosa-sinensis (Hibiscus), further to the east are all insignificant, and should not be affected other than the need for the minor pruning of some smaller branches which overhang the common boundary into the subject site.

 

Progressing to the east again, there is one mature example of Eucalyptus cinerea (Argyle Apple), of around 18 metres in height which while appearing in reasonable health, displays a pronounced lean to the southwest, which the canopy has been unable to correct at this point in time as evidenced by the complete lack of growth and foliage on its eastern aspect.

 

It is unclear why this lean has developed, however, ‘buckling’ on the eastern side of the main trunk was evident, at a height of around 1.5 metres above ground, and may be an indication of previous mechanical damage, with cracking also evident on the bark on the opposite side of its trunk at a similar height, which may be a sign of internal structural damage.

 

Given that the majority of the canopy is weighted to its western aspect, any disturbance to the tensile (northern) side of its root plate may further destabilise this tree, and as such, the generic measures provided for all of these neighbouring trees in the Council car park also needs to be applied to this tree.

 

To the east of the tree described above, there is one 8 metre high Morus nigra (Mulberry Tree) and one small Agonis flexuosa (Willow Myrtle), of around 3 metres in height which are both insignificant, and should not be affected, with specific conditions relating to them not required, with the same situation applying beyond the southeast corner of the site, to the 6 metre tall Melaleuca quinquinervia (Broad Leafed Paperbark), growing in a raised planter above the carpark level, given an absence of any works in this area of the subject site.

 

Drainage Comments

On site stormwater detention is required for this development.

 

The Planning Officer is advised that there are no submitted drainage plans. The Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Waste Management Comments

Councils normal bin rate for boarding houses is 1 bin per 10 rooms but this rate is considered too low for the application for two important reasons. Firstly each room is able to accommodate two people hence increasing the amount of waste generated as anticipated in Council’s guidelines. Secondly the development does not fit the normal definition of a boarding house as the rooms/dwellings are quite spacious, totally self-contained and appear to be more like one bedroom units or studio apartments. These type of dwellings generate significantly more waste than a more traditional room in a boarding house.

 

Council’s Manager of Waste Talebul Islam has agreed with this assessment and has therefore determined that the number of garbage bins required will be judged on the rate required for multi-unit housing which is 1 bin per two dwellings for normal garbage and 1 bin per two dwellings for recycling.

 

As there are a total of 17 dwellings on the site this translates to a total of  17 bins being  required for the development, the make up of which can be 9 bins for normal garbage and 8 bins for recycling. Conditions requiring this have been added to this report.

 

Parking Comments

Council’s DCP-Parking requires that for Boarding Houses 1 space per 10 bedrooms plus 1 for the resident caretaker is provided. For the subject of this proposal this would require a total of 1 + 16/10 = 2.6 = say 3 spaces be provided for the development. The submitted plans show only 2 spaces are provided creating a shortfall of 1 space.

 

As the applicant has failed to comply with this very modest requirement Development Engineering is reluctant to support this shortfall and we would prefer the applicant to fully comply with Council’s DCP-Parking. In addition the boarding house rooms resemble more closely one bedroom units or studio apartments and if the application was assessed as studio apartments for instance a total of 9 spaces would have been required creating a shortfall of 7 spaces. This adds further weight to the significance of the shortfall.

 

Comments:

 

It is considered that the deficiency in parking provision of 1 space is minor in nature, and is acceptable due to the highly accessible location of the site and the availability of public bus services. Refer to the “DCP – Parking” section of this report for details.

 

Service Authority Comments

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

 

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

 

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

 

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

 

Given that the proposed works will be between $1 million and $2 million the applicant will usually be required to meet all costs associated with replacing the overhead wires with aerial bundled cables in the vicinity of the development site.

 

An inspection of the site revealed that with the exception of the feeder lines into the subject site there are no overhead cables along the Houston Road site frontage. The cables are located on the opposite side of the road. Consequently, the applicant will only need to underground the cables servicing the subject development site and the policy does not apply in this case.

 

6.3    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 494.4m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The site is identified as being within Zone No. 2C (Residential C Zone) under Randwick Local Environmental Plan 1998.

 

Clause 49 of the LEP provides the following definition for a boarding house:

 

A building or place:

(a)      where permanent accommodation facilities are provided to the residents of the building or place, and

(b)      where meal and laundry facilities may be provided, and

(c)      which is not licensed to sell liquor within the meaning of the Liquor Act 1982,

but (in Part 2) does not include a building or place elsewhere defined in this clause.

 

The proposed development falls within the above definition and is a permissible use in the zone, subject to Council’s consent. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2C Zone, in that the development will deliver affordable accommodation for students and allow diversity of housing types in the locality.

 

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

 

Clause

Required

Proposed

Compliance

22 Services

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

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

Complies, subject to conditions

31 Landscaped area

(2) Minimum 50% of the site area (or

247.2m2)

 

 

 

 

 

(3) Landscaped areas over podiums or excavated basement areas not to exceed 50% of landscaped area provision

A total of 41.7% or 206.0m2 of landscaped areas are provided on site. The landscaped area provision does not comply with Clause 31(2) of the LEP.

 

None of the landscaped areas are provided above basement levels. The proposal complies with Clause 31(3) of the LEP.

Does not comply, a SEPP 1 Objection was submitted

 

 

Complies

32 Floor space ratio

0.65:1 for sites less than 700m2 in area (or 321.4m2 GFA)

Total proposed GFA: 736.9m2

Proposed FSR: 1.49:1

Does not comply, a SEPP 1 Objection was submitted

33 Building height

(2) Overall height: 12m

 

(4) External wall height: 10m

Maximum height 9.9m

Complies

40 Excavation and filling of land

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

The proposal requires site modifications to create a levelled surface for the lower ground floor units. Specific conditions are recommended to ensure that suitable retaining walls and protection measures are provided during works on the site. The proposal is not considered to adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

Complies, subject to conditions

 

Clause 34 Boarding houses

Clause 34 applies to a building or place that is used for the purpose of a boarding house and includes any vacant building or part of a building that, when last used or occupied, was used or occupied as a boarding house. The subject application proposes the construction of two new buildings for the purposes of a students’ boarding house. Clause 34 is therefore not applicable to the proposal.

 

8.2    Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The relevant provisions of the Draft LEP are addressed as follows:

 

Clause

Provision

Proposal

Compliance

17

Zone No. 2C Residential C Zone

Boarding house requires consent

The proposed land use is permissible with Council’s consent

Yes

33

Floor space ratios

(3) Sites within 2C Zone less than 700m2: 0.65:1

Total proposed GFA: 736.9m2

Proposed FSR: 1.49:1

 

No, refer to discussion in the “SEPP 1” section of this report

34

Building heights

(3) Maximum height for 2C Zone: 12m

(5) Maximum height for external wall for 2C Zone: 10m

Maximum height 9.9m

Yes

35

Landscaped area

(3) Minimum 50% of total site area

(4) Landscaped areas over podiums or basement areas not to exceed 50% of total landscaped area provision

A total of 41.7% or 206.0m2 of landscaped areas are provided on site. The landscaped area provision does not comply with Clause 35(3) of the LEP.

 

None of the landscaped areas are provided above basement levels. The proposal complies with Clause 35(4) of the LEP.

No, refer to discussion in the “SEPP 1” section of this report

 

8.3    State Environmental Planning Policy No. 1 – Development Standards

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

 

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

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

 

·      Clause 31(2) provision of a minimum of 50% of the total site area as landscaped area

·      Clause 32(2) maximum floor space ratio for buildings within Zone No. 2C of 0.65:1 where the site area is less than 700m2

 

The above provisions are numerical development standards contained in the statutory plan.

 

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

·      The stated purpose of the Landscaped Area standard as outlined in the LEP is:

“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.”

 

·      The stated purpose of the FSR standard as outlined in the LEP is:

“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.” 

 

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

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

“To encourage:

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

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

 

The variations from the aforementioned 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 Zone No. 2C (Residential C Zone) in that it will deliver affordable accommodation for students and allow diversity of housing types in the locality.

 

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

 

·      Landscaped area

Pursuant to Clause 31(2) of RLEP 1998, a minimum of 50% of the site area is to be provided as landscaped area. Clause 31(3) further provides that landscaped areas over podiums or excavated basement areas must not exceed 50% of the landscaped area requirements. The following is proposed:

 

Required landscaped area provision in m2 (i)

247.2m2

Proposed landscaped area provision in m2(ii)

206.0m2

Shortfall in landscaped area provision in m2 (i) – (ii)

41.2m2

Required landscaped area provision in % of site area (iii)

50%

Proposed landscaped area provision in % of site area (iv)

41.7%

Shortfall in landscaped area provision in % of site area (iii) – (iv)

8.3%

Percentage of landscaped area provided over basement or podium

0%, complies

 

The proposal will result in a shortfall of 41.2m2 of landscaped area provision (or 8.3% of total site area), and does not comply with the LEP development standard. None of the proposed landscaped areas are provided over basement levels or podiums.

 

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

 

- The development scheme proposes the construction of two separate buildings, which are staggered in position from each other, in lieu of a single monolithic building mass.

 

The western building (Building A) is setback 2.0m from the southern boundary with the aim of minimising adverse impacts on the root system of the existing trees located within the Council car park. The Landscape Plan also proposes mass shrub planting along this setback area to visually soften the building structures.

 

Specific conditions are also recommended to ensure proper protection of the existing trees along the northern boundary of the adjoining Council car park, including the 18m high Eucalyptus robusta (Swamp Mahogany) and 6m high Melaleuca quinquinervia (Broad Leafed Paperbark).

 

Given the lack of building structures within the adjoining Council car park, the southern elevation of the development will be highly visible from Houston Road. It is considered that the proposed planting scheme and retention of existing trees within the Council car park will create effective landscape screening for the development and protect the streetscape character.

 

- The proposed eastern building (Building B) will be setback 2.0m from the northern boundary, with the exception of the car parking facility. The Landscape Plan indicates the provision of mass planting within this setback area, including 4 x Elaeocarpus reticulatus (Blue Berry Ash), which are capable of reaching 6m mature height, plus other lower shrubs and ground covers. It is considered that the proposed planting design will minimise privacy and visual impacts of the development on the adjoining residential flat building at No. 82-84 Houston Road. 

 

- The development incorporates a central courtyard between the two building blocks. The courtyard has a dimension of approximately 9.5m x 6.5m. Mass planting including one canopy tree and other lower shrubs is proposed in the central and northern portions of the communal open space to protect the privacy of the adjoining flat building.

 

The development will reserve a 3.8m front setback, which will function as an open forecourt accommodating bicycle parking. In addition, the individual accommodation units are provided with either a small terrace or balcony.

 

It is considered that sufficient communal and private open space has been provided in the development, and will adequately satisfy the outdoor passive recreational needs of the occupants.

 

- Over 50% of the proposed landscaped area will be dedicated for planting purposes. The amount of soft landscaping provision is considered satisfactory given the constrained land area of the site of only 494.4m2, and will maximise infiltration of stormwater.

 

·      Floor Space Ratio (FSR)

Pursuant to Clause 32(2) of RLEP 1998, the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2C is 0.65:1, where the site area is less than 700m2. The following is proposed:

 

Proposed total gross floor area (a)

736.9m2

Permissible gross floor area (b)

321.4m2

Excess gross floor area (a) – (b)

415.5m2

Proposed floor space ratio (c)

1.49:1

Permissible floor space ratio (d)

0.65:1

Non-compliance with floor space ratio (c) – (d)

0.84:1

 

The proposal has a floor space ratio of 1.49:1, which equates to 736.9m2 gross floor area, and exceeds Council’s control by 0.84:1 or 415.5m2 gross floor area.

 

Notwithstanding, it should be noted that a portion of the total gross floor area comprises mezzanine levels within the building, which are wholly contained within the building envelope. Therefore, the mezzanine floor areas are not considered to add significantly to the bulk of the buildings. The mezzanine levels account for 98.4m2 gross floor area.

 

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

 

-    The site is elongated in shape with a narrow frontage of only 9.60m. The allotment configuration presents difficult challenges for the design of a medium density residential development, which is sympathetic to the streetscape and with minimal environmental impacts on the adjoining properties. The development scheme proposes the construction of two separate buildings, which are staggered in position from each other, in lieu of a single monolithic building mass. The design incorporates a central courtyard between the building blocks, which is capable of supporting mass deep soil planting.  The above solution would avoid the creation of continuous wall planes and minimise visual bulk of the structures.

 

-    The proposed development fully complies with the maximum building height and external wall height controls specified in the local statutory planning instrument, being RLEP 1998. The proposal has a height and scale, which are compatible with the existing residential flat developments in the surrounding built environment, and do not detract from the prevailing character of the locality.

 

The submitted streetscape elevation drawing (DA04) indicates that the development will have a shorter ridge height than the adjoining residential flat building at No. 82-84 Houston Road, as viewed from both the Houston Road and Houston Lane frontages.

 

-    The proposed access corridors to the individual units are screened by off-form concrete walls that are decorated with square shaped glazed openings. The built form is further articulated by staggering wall planes, balconies and louvre window openings. The design scheme adopts a flat 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 of the proposal is considered to carry satisfactory design merits and will enhance visual interest of the development as viewed from the surrounding public domain.

 

-    A portion of the total gross floor areas are related to the mezzanine levels, which are wholly contained within the building and will not add to the bulk of the structures.

 

-    The garbage and rainwater storage room located to the rear of Building B is created by excavation into the ground. The above areas account for 49.3m2 gross floor area, which has been included in FSR calculations. However, the above areas are sunken from Houston Lane and will not be prominently visible from the public domain.

 

-    The site has an east-west orientation and is located immediately to the north of a Council car park. The proposed density and resultant built form will not result in detrimental overshadowing impacts on any nearby residential properties.

 

-    The proposed density is justified by the site’s proximity to the Kingsford Commercial Centre and public transport services along Anzac Parade and Gardeners’ Road. The site is located within reasonable walking distance from the University of New South Wales campus (approximately 525m from the corner of Barker Street and Anzac Parade), and is considered to be highly suitable for use as a students’ boarding house.

 

-    The floor areas and dimensions of the proposed accommodation 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 ventilation.

 

-    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 privacy, view loss or visual bulk or scale.

 

8.3.5          Is the objection well founded?

The submitted SEPP 1 Objection has provided the following justifications for the proposal:

 

Landscaped Area:

In summary the proposal ensures:

-      The maximum provision of native vegetation and deep soil planting that contributes to bio-diversity

-      Impervious area on site is minimised and any run-off will be managed to hydraulic engineer’s details

-      That the visual impact of the dwelling upon the streetscape and neighbours is improved

-      The poor quality of the private space will become high quality outdoor space with greater amenity for residents.

 

Is Strict Compliance Unreasonable and Unnecessary?

Yes, the mild breach in landscaped area if disallowed would not produce a dwelling more in character with existing and acceptable future development in this neighbourhood or substantially reduce its impacts. The breach is minimal and improves and enhances the existing dwelling to no detriment of its neighbours and to great benefit of its existing and future residents.

 

The breach would not impact adjoining properties, the appropriate use of the land or the streetscape to an unacceptable level. Consequently, compliance with the development standard is unnecessary and unreasonable in the circumstances of this case.

 

FSR:

Is Strict Compliance Unreasonable and Unnecessary?

Yes, as detailed above, the clause is intended to minimise any adverse impacts on neighbouring properties through minimising the potential for overdevelopment. In this case, the proposed boarding house not only conforms with LEP height regulations but maintains a diminutive profile in deference to its existing neighbour. Overshadowing, noise generation and privacy issues have been minimised through considerate design. In addition to this, the proposal owes much of its floor space to internal mezzanine levels, which allow the units great amenity whilst minimising the height and bulk of the building.

 

Would Strict Compliance Tend to Hinder Attainment of Planning Objectives?

Yes, as detailed in the Statement of Environmental Effects, the proposed boarding house is a development aimed at supplementing existing low stocks of student housing in the area. The breach of the clause reflects the scheme maximising available floor space for greater amenity, whilst maintaining a modest overall footprint; the scheme cannot be described as an overbearing or as having a grand scale, rather it is a dense building, compact in form.

 

The breach would not impact adjoining properties, the appropriate use of the land or the streetscape to an unacceptable level. Consequently, compliance with the development standard is unnecessary and unreasonable in the circumstances of this case.

 

The submitted SEPP 1 Objection has addressed the consistency of the proposed development with the underlying and stated purposes of the standards, 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. 55 – Remediation of Land

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

 

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

Clause 4 of SEPP No. 65 provides that the policy applies to:

 

(a)    The erection of a new residential flat building, and

(b)    The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(c)    The conversion of an existing building to a residential flat building.

 

The proposed development has a building height of up to 3 storeys and contains more than 4 self-contained dwellings. Therefore, the SEPP applies to the proposal. The application has been referred to the Design Review Panel. The comments provided are addressed as follows:

 

8.5.1          Principle 1 Context

1.     Relationship to the Context of the Proposal 

 

The context is one of mixed residential and commercial, in close proximity to Kingsford's shops, services and public transport, and is well placed to contribute to urban consolidation. The proposal sits between a four storey residential flat building to the north and an on-grade Council car park to the south.  The car park has a row of trees of various species on the shared boundary.  None of the surrounding buildings have any notable architectural character.

 

Comments:

The application has included adequate site analysis information for assessment purposes.

 

8.5.2          Principle 2 Scale

2.     The Scale of the Proposal

 

The Panel considers that the scale is satisfactory. If anything, the height of the buildings may need to be slightly increased in order to comply with the BCA / internal amenity issues. This would be acceptable, as the proposal would still be lower than the apartment building to the north.

 

Comments:

A standard condition is recommended to ensure that the proposed height clearance will comply with the Building Code of Australia.

 

8.5.3          Principle 3 Built form

3.     The Built Form of the Proposal

Two separate, small footprint buildings are proposed.  The western building is built to the north boundary and the eastern building is built to the south boundary.  The Panel was concerned with the proximity to the building on the north only for the reason that it would create a barrier to the currently available outlook from what appears to be bedroom windows.  This could be resolved by keeping both new buildings built to the southern boundary. The desire to face away from the unit block and into the car park trees is understandable however, from the neighbours point of view they would have a reasonable expectation of a minimum setback and thus a reasonable separation between themselves and any new development on the subject site. North light filtered through on-site trees maybe a better outlook than a car park. 

 

If this was thought to be a better outcome the Panel would encourage privacy planting to be incorporated into the design.

 

The boundary stair walls, which are a feature of the design were discussed with regard their environmental and fire separation performance.  The Panel would like these aspects developed further so that windows could be introduced to the apartments, making cross ventilation possible. An inventive solution of this problem is needed to ensure the success of the project. The input of a BCA consultant is strongly recommended, and the resolution of the BCA issues needs to be demonstrated on the plans.

 

While some work was done by the architects on this aspect of the proposal, it was not conclusive in addressing this issue. A generic and undeveloped 1:50 cross section has now been provided. The Panel strongly advises that the screen wall to the stair should be developed to address, ventilation, weather protection and fire protection issues.

 

Some research regarding the fire regulation and prevailing breezes may help to locate the alignment of penetrations in the boundary wall with the ones in the units. They may indeed not align precisely with these factors considered. The capacity of the boundary wall to be free standing over three levels may also need to be considered with the assistance of a structural engineer as it may mean that economically, some struts may need to go back to the units. This will then become part of the experience in the ‘corridor’.

The architects have left the top of this slot open to the sky, which would allow light, air and rain to enter the slot. The Panel suggests that a hood could be provided to limit water ingress while retaining the other benefits.

 

The boundary setbacks need to be confirmed, as there appear to be some discrepancies between drawings. The solid side walls of each building should be 3 metres offset from their respective side boundaries. This narrows the end units on both upper levels of both buildings.

 

Comments:

·      The western building (Building A) has nil setbacks from the northern common boundary. The intention is to maximize separation from the root system of the existing trees within the adjoining Council car park. Notwithstanding, the northern façade will be characterized by solid screen wall, which is articulated by square shaped glazed openings. The majority of the infill glazed panels are translucent and do not allow overlooking. Given the narrow allotment width and the requirement to protect existing mature trees on the adjoining site, the proposed side setback is considered adequate.

 

·      Additional details relating to weather protection, ventilation and fire protection of the boundary screen walls and circulation corridors have been included in the revised drawings.

 

·      Additional dimensional information has been given in the revised drawings.

 

8.5.4          Principle 4 Density

4.     The Proposed Density

In this context the proposed density is considered satisfactory.

 

Comments:

Satisfactory.

 

8.5.5          Principle 5 Resource, energy and water efficiency

5.     Resource and Energy Use and Water Efficiency

The proposal generally provides framework for achieving good environmental design.  

However the large scale sections raise the following issues, that need to be resolved;

         -    Window operation should be indicated on the DA drawings, including the windows into the breezeway slots

         -    Adequate sun shading and weather protection needs to be developed, and the extent of glazing on the two storey studio units should be reviewed. This needs to be demonstrated on the cross sections

         -    The Panel is concerned about too much glazing for the main facades of the mezzanine units. Some area of solid, lightweight infill should be considered, particularly on the exposed south face and west elevations.  Too many louvres, in out-of-reach areas create maintenance and operation problems. (the selective use of obscure glass is supported)

         -    Insulation needs to be shown throughout

 

In particular the single orientation south units would benefit from ventilating and shaded skylights / north facing clerestorey windows. Indeed, better use of the roofs for light, amenity, greenery and useable space is strongly encouraged.

 

The drawings are diagrammatic at this stage and the Panel would like to see large scale detailed wall sections showing the general construction, handrail, sunshade and roof details including insulation methods. Materials could also be better noted on the drawings.

 

Ceiling fans should be considered for the sleeping spaces.

 

Comments:

·      Window operation and ceiling fan details have been included in the revised drawings.

 

·      Obscured glazing is provided for the upper level windows of the mezzanine units to minimize visual privacy impacts on the neighbours.

 

·      A specific condition is recommended to provide skylights for the top floor south-facing units.

 

·      A 1.2m wide eave or balcony overhang is provided for the west-facing windows. The above design feature will provide a degree of shading against the afternoon sun.

 

8.5.6 Principle 6 Landscape

6.       The Proposed Landscape

The proposal has good areas of deep soil and the Panel would like to see the landscape proposal include large scale trees and privacy planting.  More intensive landscaping to the long north side with for example some deciduous trees and lush under storey planting would assist in creating visual interest and privacy between the proposed building and the bland unit block next door.

 

The minimal car parking has ensured a large percentage of deep soil gardens, which is commended.

 

The Panel also suggests that roof terraces should be investigated to further improve the environment.

 

The applicant confirmed that there was an arborists report however the Panel has not viewed the document.

 

Comments:

Suitable landscape planting has been incorporated in the central courtyard and side setback areas to visually soften the building structures and to protect the privacy of the neighbours.

 


8.5.7 Principle 7 Amenity

7.      The Amenity of the Proposal for its Users

The Panel supports the provision of small apartments, particularly in this location.  The proposal is commended for its potential to provide very good amenity.

 

Some improvements were discussed such more privacy to balconies, bedrooms and living rooms, sunshading, and the possibility of achieving cross ventilation. Some internal changes have been carried out.

 

The lounge/dining areas are too hard to furnish easily in the central units and are possibly also too small. The living areas have been adjusted to be more usable.

 

Privacy to all apartments needs to be far more thoroughly considered. Elements such as screens, planters, areas of obscure glass, solid balustrades and the like should all be further considered. 

 

The elevations and cross sections do not as yet show any proposals to address privacy. Windows with obscured glass only provide privacy when closed.  This should be taken into consideration when designing the optimum cross ventilation.

 

Comments:

·      A specific condition is recommended to require the balcony balustrades to be constructed of obscured glazing to protect the privacy of the occupants.

 

·      The revised design has reconfigured the layout of the split-level units, so that an open plan living area is provided for the occupants.

 

·      Each of the units has access to a small private terrace or balcony, which will enable passive outdoor activities.

 

8.5.8 Principle 8 Safety and security

8.   The Safety and Security Characteristics of the Proposal

Demarcation of common and private areas need to be distinguished, both in the landscape spaces and corridors. These may present some concern if secure access into and out of them are not fully considered. 

 

Comments:

·      The submitted Landscape Plan has included information relating to railings and shrub planting, which will clearly define the communal spaces from the private terrace areas.

 

·      The development will improve casual surveillance of the nearby public footpath areas, rear lane and the adjoining open car park.

 

8.5.9 Principle 9 Social dimensions

9.  Social issues

Boarding house uses are welcome, and increase the diversity of housing choice in this location.

The location, close to shops and transport is suitable for development of this kind.

Issues such as address, letter boxes, site fencing, any private ground floor courtyards and the like need further consideration, particularly for the lane side access.

 


Comments:

The proposed development will provide affordable accommodation and is suitable to the locality.

 

8.5.10 Principle 10 Aesthetics

10.   The Aesthetics of the Proposal

Generally the proposed design is well considered, however the elevations will require modification to address the improvements suggested in this report. 

The stair walls are an unusual element and have potential to be both attractive and functional.  The Panel encourages the development of this design.

 

Comments:

The overall form and detailing of the building, arrangement of open space and landscape design are appropriate and suitable for the site. The proposed architectural composition and fenestration treatment will achieve a contemporary design response that enhances the streetscape character of Houston Road and Houston Lane.

 

SUMMARY AND RECOMMENDATIONS

The proposal displays the potential to be a very interesting building, a good precedent and provide good levels of livability. The Panel does not need to review the scheme again, if the comments suggested in this report are adequately addressed.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by BASIX Certificate numbered 218832M. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000. 

 

9.      Policy Controls

 

9.1    Development Control Plan - Parking

The Parking DCP specifies the following parking rate for boarding house development:

 

1 space per 10 bedrooms plus 1 per resident caretaker

 

The proposal will generate a parking requirement of:

1.6 spaces (residents) plus 1 space (caretaker) = 2.6 or 3 spaces

 

The proposal provides on-site parking for 2 vehicles only and will result in a shortfall of 1 car space. Notwithstanding, the proposal is considered acceptable based on the following reasons:

·      The site is located in close proximity to the Kingsford Commercial Centre, which contains retail shops and services along Anzac Parade and Gardeners’ Road. These facilities are situated approximately one street block away from the site.

 

·      The site has convenient access to public bus services along Anzac Parade and Gardeners’ Road, which include City-bound routes. Specifically, the site is located 60m to 77m from the nearest bus stops on Anzac Parade, and 106m from the nearest bus stop on Gardeners’ Road.

 

·      The site is located within reasonable walking distance from the University of New South Wales campus (approximately 525m from the corner of Barker Street and Anzac Parade).

 

·      The adjoining Council car park contains 90-degree angled parking with 2-hour restrictions from 8am to 6pm, Monday to Sunday. The car park provides opportunities for short stay visitor parking for the boarding house during the day time, and limited spaces for any overflow long-stay parking at night.

 

·      A limited number of kerb side parking spaces are available in the local streets to the west of the site to cater for any overflow long-stay parking demand.

 

Given that the proposed accommodation units are self-contained and are capable of accommodating 2 persons each, a special condition is recommended to require the provision of bicycle parking facilities consistent with the rate for ‘multi-unit housing’ development under the DCP (being 8 spaces), in order to promote alternative mode of transport.

 

9.2    Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

0.5%

------

Development cost more than $200000

$1,250,000

1.0%

$12,500

 

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, 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 in close proximity to the Kingsford Commercial Centre with convenient access to local services and public transport. The site is also within reasonable walking distance from the University of New South Wales main campus. The site has sufficient area to accommodate the proposed land uses and structures. Therefore, the site is considered suitable for the proposed development.

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

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

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

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

 

10.1  Setbacks

Front setback

The proposed development is setback 3.8m from the front boundary. The existing front setbacks of the surrounding buildings are summarised as follows:

 

Address

Front setback

Building type

76 Houston Road

Approx. 5m

Detached house

78-80 Houston Road

Approx. 4m

Residential flat building

82-84 Houston Road

Approx. 4.5m to 6m

Residential flat building

92 Houston Road

Approx. 3m

Detached house

109-111 Houston Road

Approx. 3m

Residential flat building

113-115 Houston Road

Approx. 5m

Residential flat building

117-119 Houston Road

Approx. 5m

Residential flat building

121 Houston Road

Approx. 4m

Detached house

 

It is considered that the proposal is consistent with the existing front setback pattern of the surrounding developments. Furthermore, the proposed 1.2m wide balconies and terraces on the western elevation of Building A will reduce the visual bulk of the structures as viewed from Houston Road.

 

Rear setback

The proposed on-site parking spaces will abut the rear, Houston Lane boundary. This is consistent with the existing development pattern along the service laneway.

 

Side setbacks

The development scheme proposes the construction of two separate buildings, which are staggered in position from each other, in lieu of a single monolithic building mass.

 

Building A has nil setbacks from the northern side boundary. This is due to the reservation of a 2.0m setback from the southern boundary for minimising adverse impacts on the root system of the existing trees within the Council car park. The northern elevation of the building incorporates an off-form concrete screen wall articulated by square shaped openings with glazed infill panels. The above feature wall will minimise adverse privacy impacts on No. 82-84 Houston Road as a result of the zero setback arrangement, whilst avoiding the negative visual impacts of a completely solid wall.

 

The existing flat building at No. 82-84 is currently setback 2.8m from the common boundary. It is considered that the above setback will maintain satisfactory amenity for the flat building.

 

Building B will have nil setbacks from the southern boundary. This is due to the reservation of a 2.0m wide setback from the northern boundary for maximising landscape screening and separation from No. 82-84. The absence of setbacks from the southern boundary is considered acceptable as it adjoins a public car park. The southern elevation of the building is again defined by an off-form concrete screen wall articulated by glazed openings. The above design solution will provide a degree of visual interest as viewed from the car park and avoid a blank wall effect that typically encourages graffiti.

 

Therefore, the proposal is considered satisfactory having regard to setback arrangements.

 

10.2  Fencing

The development proposes 1.0m to 1.2m high front fencing (excluding piers), which is considered to maintain satisfactory casual surveillance for the public domain. A specific condition is recommended to ensure the side fencing is not of an excessive height.

 

10.3  Unit sizes, facilities and internal amenity

The proposal is considered to provide suitable internal amenity for the occupants based on the following reasons:

 

·      Each accommodation unit is self-contained with a private bathroom, kitchenette and washing machine.

·      All units are catered for a maximum of two persons and the bedroom areas have sufficient dimensions for proper furniture arrangement. 

·      The kitchenette is designed to contain storage shelves and cupboards, a stove top and a bar fridge. It has sufficient space for the temporary storage of waste materials.

·      Each unit has access to a small balcony or terrace, which allows passive outdoor recreation.

·      The caretaker’s flat has a living area of approximately 4m x 3m in dimension and a double bedroom. The size of the flat is considered satisfactory for the long term residency of a permanent employee.

·      A common room is provided at ground floor level, which enables interactions between residents.

·      A communal landscaped courtyard is provided in the central portion of the site, conveniently accessible by all residents of the boarding house.

·      The submitted Plan of Management has specified the minimum furnishing requirements for the accommodation units. A specific condition is recommended to ensure these requirements are adhered to during the operation phase of the development.

 

10.4  Ecological sustainable development

All of the proposed units are provided with full height windows. It is noted that some of the windows are oriented to the south, and a portion of the north-facing windows would be overshadowed by the adjoining flat building to the north. However, the floor layout is considered to have maximised solar access to the units in the light of the existing site constraints. The units are considered to enjoy a satisfactory level of ambient daylight. 

 

All of the proposed units have a single-aspect. Notwithstanding, the depths of the split-level and single-storey units do not exceed 6.5m. It is considered that a satisfactory level of natural ventilation can be achieved.

 

The western elevations of both Buildings A and B incorporate covered balconies, which will provide a degree of shading against the afternoon sun.

 

A specific condition is recommended to require skylights to be provided for the top floor south-facing units.

 

Specific conditions will be recommended to ensure compliance with the commitments listed on the BASIX certificate.

 

10.5  Visual and acoustic privacy

The residential flat building at No. 82-84 Houston Road contains south-facing windows that are attached to bedroom and bathroom areas on all levels.

 

Access corridor and stairwells

The northern wall of Building A directly abuts the shared boundary with No. 82-84.  The wall adjoins the stairwells and access corridors to the individual units, and contains square shaped openings with glass infill panels. The glazed openings are randomly positioned to provide articulations to the wall. The above openings are predominantly in filled with obscured glazing and are permanently fixed. This design feature will ensure the visual and acoustic privacy of the adjoining premises are maintained.

 

Windows and balconies

Building B contains living room windows and elevated balconies on the northern elevation, which are considered to carry privacy implications. The above are attached to the split level units within the building, being B2, B3, B5 and B6. The windows and balconies in question are staggered away from the bathroom and bedroom windows of No. 82-84, and are generally oriented towards its communal open space areas. In addition, the proposal includes dense landscape planting with a mature height of up to 6m within the northern setback areas, which will provide satisfactory screening for at least the lower level units on the adjoining site. A specific condition is recommended to require the balcony balustrades to be constructed with obscured glazing. It is considered that the proposed design and the above condition will ensure adequate amenity for the adjoining flat building.

 

A further condition has been recommended to require suitable privacy screens to be installed on the northern elevation of the balconies to Units B4 and B7, in order to minimise overlooking of the adjoining property to the north.

 

Central courtyard

The development incorporates a central courtyard between the two building blocks. The courtyard has a dimension of approximately 9.5m x 6.5m. Mass planting including one canopy tree and other lower shrubs is proposed in the central and northern portions of the communal open space. It is considered that the above planting will minimise visual and acoustic privacy impacts on the adjoining property.

 

10.6  Overshadowing

The submitted shadow diagrams provide indications of the expected shadows on the winter solstice (21 June) as follows:

 

·      At 9:00 am, all shadows will fall on the adjoining Council car park to the south and the footpaths and carriageway of Houston Road.

·      At 12:00 noon, all shadows will be cast on the Council car park and the footpaths on the eastern side of Houston Road.

·      At 3:00 pm, the majority of the shadows will fall on the Council car park, with a small portion casting on No. 92 Houston Road.

 

Based on the above, it is considered that the proposal will not generate any significant shadow impacts on the adjoining and nearby residential developments.

 

10.7  Safety and security

The proposed buildings will maintain adequate casual surveillance of the public domain and the communal open space within the site. Security gates are provided on both the Houston Road and Houston Lane boundaries, which will ensure adequate access control for the site.

 

10.8  Access for people with disabilities

It is noted that Unit A1 has level access to the main entry, the common room and the communal courtyard areas. A specific condition is recommended to require compliance with the accessibility requirements of the Building Code of Australia.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and requirements of Randwick Local Environmental Plan 1998.

 

The SEPP No. 1 Objections lodged with respect to the non-compliance with the landscaped area and floor space ratio standards are considered to be well founded. The proposal will not result in unreasonable impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view sharing, solar access and privacy.

 

The proportions and massing of the buildings are considered to be satisfactory. The design carries satisfactory architectural merits and will enhance the existing streetscape character.

 

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

 

 

Recommendation

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 31(2) and Clause 32(2) of the Randwick Local Environmental Plan 1998, relating to   landscaped area and floor space ratio controls, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised according.

 

B.     That Council, as the consent authority, grants Development Consent by Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 787/2008, for demolition of existing structures on site and construction of 2 separate buildings for the purpose of a boarding house consisting of 16 x self-contained units plus 1 x caretaker’s flat, car parking for 2 vehicles and associated landscape works, at No. 86 Houston Road, Kingsford, subject to the following conditions:

 

Deferred Commencement Conditions:

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

 

1.     A detailed coloured drawing in 1:100 scale and a material sample board that clearly demonstrate the colours, materials and finishes of the external surfaces of the proposed buildings. The above documentation shall include the following information:

 

·       Tone / tinting and texture of the off-form concrete external walls.

·       Tone / tinting and texture of the pre-cast concrete panels.

·       Provision of graffiti proof treatment to the concrete external walls to at least 4m above the finished ground level.

·       Types and colours / tinting of all glazing materials used for windows, doors and wall openings.

·       Colours and materials of the proposed external door and window frames and balcony balustrades.

·       Colours and materials of the car park security gates.

·       Colours and materials of any side fencing along both the northern and southern property boundaries. The southern side boundary fencing shall be constructed of colourbond or another appropriate material, which is durable and capable of discouraging graffiti.

 

In addition, the above documentation shall clearly show that the square-shaped openings on both the northern façade of the western building (being Building A as referred to on the drawings) and the southern façade of the eastern building (being Building B as referred to on the drawings) are permanently enclosed with fixed glazing.

 

2.     A photomontage perspective prepared by a suitably qualified and experienced person in 3-dimensional architectural modelling and rendering, demonstrating how the proposed buildings will appear in the streetscape context of Houston Road. The image shall clearly indicate the architectural form of the development and depict as accurate as possible the building materials and external colouring. 

 

3.     The balustrades of all balconies located above the ground level on all elevations of both buildings shall be constructed of obscured / frosted glass or appropriate opaque materials that are compatible with the proposed architectural design.

 

4.     An 1800mm high fixed privacy screen shall be installed along the northern elevations of the balconies that are attached to Units B4 and B7. The screens shall be constructed with 35mm wide metal / timber slats, horizontally positioned, and spaced at a maximum of 35mm, or another appropriate design that achieves the same level of privacy protection for the adjoining flat building at No. 82-84 Houston Road.

 

5.     A skylight is to be installed above the void areas of both Units A7 and A8 on the topmost floor of Building A.

 

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

 

C.     Subject to compliance with the Deferred Commencement Conditions, to the satisfaction of the Director of City Planning, Development Consent is granted under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, subject to the following conditions:

 

Conditions of Consent

 

Referenced Plans

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

 

Plan Number

Dated

Received

Prepared By

DA02(E) “Ground Plan”

March 2009

17 Mar 2009

Cracknell & Lonergan Architects Pty. Ltd.

DA03(E) “First Floor Plans”

March 2009

17 Mar 2009

DA04(E) “Elevations”

March 2009

17 Mar 2009

DA05(E) “Sections”

March 2009

17 Mar 2009

TPL01(B) “Typical Plan”

March 2009

17 Mar 2009

“Typical Section” (B)

16.03.09

17 Mar 2009

 

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

 

Environmental Amenity

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

 

2.       Any fencing on the Houston Road boundary of the site shall have a maximum height of 1200mm as measured from the footpath level, excluding piers, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

3.       Any fencing (excluding the external walls of the proposed buildings) located on the side boundaries of the site shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

On sloping sites or at changes in ground levels, the maximum height of the fence / wall may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required ‘step-downs’ or changes in ground level.

 

The applicant and owner are advised that the relevant provisions of the Dividing Fences Act 1991 are to be satisfied accordingly and any necessary approvals or agreements should be obtained from the owner/s of the adjoining land beforehand.

 

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

 

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

 

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

 

6.       The proposed “Double Sided Steel Slat Screen” to be installed along the western edge of the terraces of Units A1 and B1, which are detailed on the Landscape Plan 1 and 2, numbered 401- DA-01 and DA-02, dated November 2008, prepared by Michael Zinn, and received by Council on 1 December 2008, shall have a minimum height of 1400mm as measured from the finished ground level. 

 

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

 

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

 

The following conditions are applied to ensure proper operation and management of the subject boarding house:

 

9.       The boarding house premises shall be operated in accordance with the definition of “boarding house” as stipulated in Randwick Local Environmental Plan 1998. Accommodation is not to be provided on a temporary basis to persons whose principal place of residence is elsewhere and/or for tourism purposes.

 

10.     Each proposed dwelling unit within the development, with the exception of the manager’s room / caretaker’s flat, shall accommodate a maximum of 2 residents at all times. In addition, the above dwelling units shall only be leased to related family members or couples. The manager / caretaker shall be responsible for ensuring that this requirement is adhered to by validating relevant personal details before admission. This condition is to ensure that strangers are not sharing the units and potentially altering the approved use of the premises.

 

11.     The manager / caretaker of the boarding house must reside on the premises and must be a person over the age of 18 years.

 

12.     The manager / caretaker shall be accommodated in the unit entitled “Manager’s Room” as indicated on the approved drawings.

 

13.     The use and occupation of the communal courtyard within the central portion of the site shall be restricted to a curfew of no later than 10:00pm and no earlier than 6:00am.

 

14.     The manager shall ensure that a notice is placed near the entrance to the property in a visible position to the public, advising of the manager’s / caretaker’s name and contact number.

 

15.     Each occupant shall be furnished with a set of house rules (i.e. a Plan of Management as required by this consent) and that no variation shall be permitted without the further approval of Council.

 

16.     The manager / caretaker shall maintain a record of all residents with details of their names, length of stay and number of persons in each room. This information shall be stored for a minimum of 12 months on site and made available to Council’s Officers upon request.

 

17.     All residents in the boarding house are to sign a lease or license agreeing to comply with the approved Plan of Management for the boarding house, with the length of the lease to be determined by the management.

 

18.     The individual rooms and common areas of the boarding house, including the Common Room, toilet, outdoor communal courtyard and forecourt areas shall be maintained in a clean and tidy condition at all times.

 

19.     The following facilities are to be provided for each of the proposed dwelling units within the development:

 

(a)    A washing machine, and

(b)    A refrigerator unit (for example, a bar fridge), and

(c)    A stove-top with two burners, and

(d)    A ceiling fan, and

(e)    All furniture and facilities proposed to be provided to the dwelling units as listed under Section 6.0 Operation and Management of the submitted Statement of Environmental Effects, Issue A, dated October 2008, prepared by Cracknell and Lonergan Architects, and received by Council on 30 October 2008.

 

20.     A Plan of Management (PoM), prepared with the advice of an independent, suitably qualified and experienced consultant in acoustics, shall be submitted to Council and accepted in writing by the Manager of Health, Building and Regulatory Services, prior to the issue of the Construction Certificate. 

 

The Plan of Management shall contain suitable measures and procedures to achieve the following:

 

·    Ensure compliance with the relevant conditions of approval.

·    Minimise the potential impacts as a result of the operation of the premises upon nearby residents.

·    Effectively minimise and manage anti-social behaviour.

·    Ensure a clean and comfortable living environment for occupants.

 

The Plan of Management shall include, but not necessarily be limited to, the following information and control measures:

 

·    Details of the role and responsibilities of the on-site management including: daily operation and administration, cleaning, maintenance of garden areas and landscaping, compliance with the Plan of Management and emergency management (e.g. fire evacuation).

·    Information relating to staffing arrangement, including the location and 24-hour contact details of the site manager / caretaker.

·    Measures to ensure proper maintenance and monitoring of cleanliness of all common areas, including the Common Room, toilet and outdoor courtyard.

·    Time restrictions on the use of common areas within the development, such as the indoor Common Room and outdoor courtyard areas.

·    Details of cleaning and vermin control, including information that indicates how regular the shared facilities (e.g. Common Room and associated toilet and kitchenette areas) are cleaned to a professional standard.

·    Details of house rules, which shall be provided to all residents, including:

 

-    The maximum number of residents per room

-    Measures for ensuring that guests do not stay overnight and exceed an appropriate number

-    Guest behaviour / visitor policy

-    Activities and noise control

-    Operation hours of the communal courtyard and common areas

-    Prohibition of alcohol and drug consumption

-    Permissible use and prohibited use of external balconies (e.g. prohibiting the storage of excessive furniture and late night social gatherings in the balconies, etc.)

 

·    Measures to minimise unreasonable amenity impacts on the living, bedroom and other areas of the adjoining developments. Specifically, the Plan of Management is to specify measures that will minimise noise from the outdoor spaces and balconies of the boarding house.

·    Details of internal signage including:

-    Contact details of the on-site manager / caretaker

-    Emergency contact numbers for essential services, such as fire brigade, ambulance, police and utilities (i.e. gas, electricity)

-    Egress routes and any evacuation plan

-    Means of contacting emergency services in the event of emergency (i.e. where landline telephone is provided within the boarding house)

·    Waste minimisation and recycling strategies and practices.

 

21.     The boarding house premises shall be operated in accordance with the approved Plan of Management at all times.

 

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:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

28.     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.

 

29.     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.

 

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

 

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

 

31.     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.

 

32.     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.

 

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

·      Stormwater management (i.e. rainwater tanks)

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

·      Landscaping provisions

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

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200000

$1,250,000

1.0%

$12,500

 

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:

 

36.     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.

 

37.     All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA) for a Class 3 building of type A construction, in accordance with Clause 98 of the Environmental Planning and Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

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

 

iii)   unless the person having the benefit of the consent is the principal contractor, 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.

 

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

 

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

 

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

 

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

 

41.     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”.

 

42.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

43.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

45.     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.

 

46.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following condition has been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

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

 

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

 

50.     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.

 

51.     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).

 

52.     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.

 

53.     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.

 

54.     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.

 

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

 

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

 

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

 

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

 

d)       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.

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·    location of site storage areas/sheds/equipment;

·    location of building materials for construction;

·    provisions for public safety;

·    dust control measures;

·    site access location and construction

·    details and methods of disposal of demolition materials;

·    protective measures for tree preservation;

·    provisions for temporary sanitary facilities;

·    location and size of waste containers/bulk bins;

·    details of proposed sediment and erosion control measures;

·    construction noise and vibration management;

·    construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·        Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

60.     Public safety must be maintained at all times and public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·    Australian Standard 2601 (2001) – Demolition of Structures

·    Occupational Health and Safety Act 2000

·    Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·    WorkCover NSW – Guidelines and Codes of Practice

·    Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

·    Details of hazardous materials, including asbestos

·    Method/s of demolition and removal of asbestos

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

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

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

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

·    Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following condition is applied to provide reasonable levels of access for people with disabilities:

 

64.     Access and provisions for people with a disability are to be provided to the development generally in accordance with the relevant requirements of Part D3 of the BCA. Details are to be included in the Construction Certificate to the satisfaction of the certifying authority.

 

Road/Asset

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

g)   The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each day’s activities and upon completion.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Security Deposit Conditions

 

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

 

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

 

a)   $3000.00   -      Damage / Civil Works Security Deposit

 

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

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

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

 

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

 

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

 

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

 

67.     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.

 

68.     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.

 

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

 

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

 

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

 

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

 

Houston Rd Frontage – Match the existing Council footpath levels.

Houston Lane Frontage – Match Existing Layback

 

71.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $845.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

72.     A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

                                         

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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

 

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

 

a) The kerb and gutter or underground drainage system at the front of the property in Houston Road; OR

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

91.     Should a pump system be required to drain any portion of the site the system must be designed with a minimum of two pumps being installed, connected in parallel (with each pump capable of discharging at the permissible discharge rate) and connected to a control board so that each pump will operate alternatively. The pump wet well shall be sized for the 1 in 100 year, 2 hour storm assuming both pumps are not working.

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

b)   prior to stormwater discharging into any absorption/infiltration system.

 

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

 

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

 

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

 

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

 

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

 

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

 

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