MINUTES OF Planning Committee Meeting of the Council of the City of Randwick HELD ON Tuesday, 14 April 2009 AT 6:24 pm.

 

Present:

 

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

 

North Ward                                           -  Councillors P. Tracey & M. Woodsmith

 

South Ward                                          -  Councillors R. Belleli, C. Matthews &

                                                             A. White

 

East Ward                                            -  Councillor T. Bowen

 

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

 

Central Ward                                        -  Councillors A. Andrews & G. Stevenson

 

 

Officers Present:

 

General Manager                                             Mr R. Brownlee

Director City Services                                      Mr J. Frangoples

Director Governance & Financial Services             Mr G. Banting

Acting Director City Planning                             Mr K. Kyriacou

Manager Administrative Services                        Mr D. Kelly

 

The meeting was adjourned at 6.25 pm and was resumed at 6.29 pm.

 

 

Apologies/Granting of Leave of Absences

 

Apologies were received from Crs Matson, Seng and Smith.

 

RESOLVED: (Mayor, Cr B Notley-Smith/Andrews) that the apologies received from Crs Matson, Seng and Smith be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 10 March 2009

PL26/09

RESOLUTION: (Belleli/Andrews) that the Minutes of the Planning Committee Meeting held on Tuesday 10 March 2009 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

 

(a)    the Mayor, Cr B Notley-Smith declared a non significant non pecuniary interest in item D18/09 as he used to have a commercial arrangement with the        applicant.

(b)    Cr Andrews and the Mayor, Cr B Notley-Smith declared a non significant non         pecuniary interest in item D20/09 as they both received a token Christmas gift         from the applicant which they both returned.

(c)    Cr White declared a non significant non pecuniary interest in item D21/09 as he         used to work with the objector and still knows him on a social basis.

 

Address of Council by Members of the Public

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

 

D19/09      86 Houston Road, Kingsford

 

For                      Peter Lonergan

 

D20/09      66a Doncaster Avenue, Randwick

 

For                      Robert Stark

 

D21/09      29 Bay Parade, Malabar

 

Against               Carol Wright

 

For                      Susan Moore

 

Urgent Business

 

Nil.

 

Development Application Reports

 

D18/09     Development Application Report - 80 Bream Street, Coogee (DA/938/2008)

PL27/09

RESOLUTION: (Andrews/Mayor, Cr B Notley-Smith)

 

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 (i.e. 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.

 

MOTION: (Andrews/Mayor, Cr B Notley-Smith) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D19/09     Development Application Report - 86 Houston Road, Kingsford (DA/787/2008)

PL28/09

RESOLUTION: (Andrews/Mayor, Cr B Notley-Smith)

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

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).

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

 

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

 

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

 

a)   The location of the detention basin with finished surface levels;

b)   Finished site contours at 0.2 metre intervals;

c)   Volume of storage available in the detention areas;

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

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

f)    Details of any infiltration/absorption systems; and

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

 

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

 

96.     Any seepage water must be drained directly into an absorption pit within the site. Seepage water must not be drained from the site.

 

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

 

97.     The garbage room areas will have to be designed so as to be able to contain a total of 17 x 240 litre bins (9 garbage bins & 8 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

 

99.     The waste storage areas shall be clearly signposted.

 

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

 

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

 

101.    The submitted Landscape Plans 1 and 2, numbered 401-DA01 and DA02, dated November 2008, prepared by Michael Zinn, and received by Council on 1 December 2008, shall be amended by revised landscape drawings compliant with the following requirements:

 

The revised landscape drawings shall be prepared by a professional who holds formal qualifications in landscape/horticulture, and who is also a registered member of either AILDM or AILA, and be submitted to and approved by the PCA, prior to the issue of a construction certificate, with a copy of the approved drawings forwarded to Council prior to the commencement of site works, and must include the following requirements:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property, on the nature strip or adjoining properties within 6 metres of the common boundaries, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of trees, proposed building envelopes, proposed areas of pavement, and proposed landscaped areas.

 

b.       The plan shall clearly show the approved building location and footprints.

 

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

 

d.       A planting plan at a scale of 1:100 or 1:200 indicating the location of all proposed planting and existing trees to be retained. All plants are to be drawn at their mature size with an appropriate selection of groundcovers, accent plants, shrubs and trees which are suitable for the site and intended use.

 

e.       A planting schedule listing all plants by botanic & common names, quantities, pot sizes, size at maturity (height & spread) and proposed staking methods when applicable.

 

f.        The landscape plan shall show a minimum number of 2 x 100 litre (pot/bag size at the time of planting) broad canopied trees (not palms) within the site, comprising one native species within the front yard, and one deciduous/semi deciduous exotic species in the central courtyard (to maintain solar access to the area of private open space), and must both be those which will attain a minimum height of between 4-7 metres at maturity.

 

g.       The “mass planting” areas along the northern and southern boundaries should utilise species appropriate for the aspect and space available, such as native Tree Ferns or similar.

 

h.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm, with planter box details to be submitted.

 

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

 

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

 

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

 

102.    Certification from a professional who holds formal qualifications in landscape/horticulture, and who is also a registered member of either AILDM or AILA, is to be submitted to the PCA, (with a copy forwarded to Council if not the PCA), prior to the issuing of a final occupation certificate, which confirms that the landscaping has been completed in accordance with the approved plans and relevant conditions of development consent.

 

103.    The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

Tree Management

 

104.    Approval is granted for the removal of all existing vegetation within the site where necessary in order to accommodate the proposed works as shown, as the site inspection confirmed they were not significant specimens, with this approval subject to full implementation of the approved landscape plan.

 

105.    Approval is also granted for the applicant to perform selective and minimal pruning of only those overhanging branches from the northern aspects of several trees growing within the adjoining Council carpark to the south (88-90P Houston Road), close to the common boundary, which need to be specifically pruned in order to avoid either damage/conflict during the course of demolition or construction, or to avoid interference with the proposed building upon completion of all site works.

 

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

 

107.    The applicant must contact Council’s Landscape Development Officer on 9399-0613, giving a minimum of two working days notice, to arrange a joint site inspection for the purpose of determining the exact amount and extent of pruning permissible, with the applicant/site Arborist to comply fully with Council’s instructions.

 

Tree Protection Measures

 

108.    In order to ensure retention of the Lophostemon confertus (Brush Box) within Council’s Houston Road nature strip, towards the northern half of the site in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application must show its retention, together with the position of its trunk and full diameter of its canopy.

 

b.       This street tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located along the back of the kerb to its west, the edge of the pedestrian footpath to its east, as well as a distance of 2.5 metres to both its north and south, measured off the outside edge of its trunk, in order to completely enclose this tree for the duration of the works.

 

c.       This fencing shall be installed prior to the commencement of demolition and construction works and shall remain in place until all works are completed, to which signage containing the following words shall be clearly displayed and permanently attached: “TREE PROTECTION ZONE, DO NOT ENTER".

 

d.       Within this zone there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

 

e.       Pruning or any other type of work to this tree or within the zone specified in point ‘b’ above, will require the approval of Council’s Landscape Development Officer (9399-0613), with the applicant to comply fully with any instructions issued by Council’s nominated officer/s.

 

f.        If it is determined that only Council must perform any work to this street tree, the applicant will be responsible for covering all costs, with the amount specified to be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre, prior to issue of the final occupation certificate.

 

g.       A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $1,500.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

One

 

Lophostemon confertus (Brush Box)

 

$1,500.00

 

 

 

TOTAL

 

$1,500.00

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to this tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

109.    In order to also ensure retention of the group of trees located within the adjoining Council car park to the south, 88-90P Houston Road Similarly, close to the common boundary, being from west to east, one Callistemon viminalis (Weeping Bottlebrush), one large Eucalyptus robusta (Swamp Mahogany) one Eucalyptus nicholii (Willow Leafed Peppermint), one Melaleuca quinquinervia (Broad Leafed Paperbark), a small Cotoneaster, dead Gum Tree and Hibiscus rosa-sinensis (Hibiscus), one Eucalyptus cinerea (Argyle Apple), one Morus nigra (Mulberry Tree), one small Agonis flexuosa (Willow Myrtle) and one Melaleuca quinquinervia (Broad Leafed Paperbark) in good health, the following measures are to be undertaken:

 

a.     All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application will be required to show retention of these specimens, with the position of their trunks and full diameter of their canopies clearly shown on all drawings.

 

b.     Any excavations associated with either new fencing along the southern/common boundary, the southern side of the proposed building, or installation of stormwater/drainage lines in this same area, and beneath the extent of any of their canopies/driplines, must first be undertaken by hand, to a minimum depth of 600mm.

 

c.      PRIOR TO THE CONSTRUCTION/INSTALLATION OF ANY FOOTINGS/SERVICES, The applicant must first contact Council’s Landscape Development Officer on 9399-0613, giving a minimum of two working days notice, to arrange a joint site inspection for the purpose of CONFIRMING THE SIZE AND LCOATION OF ANY ROOTS ENCOUNTERED, and the course of action to be taken, with the applicant/site Arborist to comply fully with Council’s instructions RELATING TO EITHER THE PRUNING OR PRESERVATION OF ROOTS.

 

d.     Those roots with a diameter of less than 75mm, which need to be removed in order to accommodate the proposed works shall be pruned cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

e.     Any roots with a diameter of 75mm or more shall be preserved, with footings or services to be suitably re-designed or re-located around these roots in order to ensure their preservation.

 

f.      There is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble beneath the canopies/driplines of any of these neighbouring trees.

 

g.     A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $10,000.00 shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of these public trees.

 

 

   QUANTITY

 

        SPECIES       

 

   AMOUNT

 

Eleven

 

Various tree species within adjoining Council car park

 

$10,000.00

 

 

 

TOTAL

 

$10,000.00

 

The refundable deposit will be eligible for refund following the issue of a Final Occupation Certificate, subject to completion and submission of Council’s ‘Security Deposit Refund Application Form’, and pending a satisfactory inspection by Council’s Landscape Development Officer (9399-0613).

 

Any contravention of Council's conditions relating to any of these trees at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary.

 

ADVISORY MATTERS:

 

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

 

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

 

a)     Part B1      -      Structural provisions

b)     Part C1     -      Fire resistance and stability

c)     Part C2     -      Compartmentation and separation

d)     Clause C2.6       -      Vertical separation of openings in external walls

e)     Part C3     -      Protection of openings

f)     Clause C3.2&C3.4       -      Protection of openings in external walls

g)     Part D3.2   -      Access for people with disabilities

h)     Part E1      -      Fire fighting equipment

i)      Part E2      -      Smoke Hazard Management

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

k)     Part F1      -      Damp and weatherproofing

l)      Part F5      -      Sound Transmission and Insulation

m)    Part G2     -      Heating appliances, fireplaces, chimneys & flues

n)     Section J   -      Energy efficiency

 

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

 

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

 

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

 

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

 

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

 

MOTION: (Andrews/Mayor, Cr B Notley-Smith) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D20/09     Development Application Report - 66a Doncaster Avenue, Randwick (DA/828/2008)

PL29/09

RESOLUTION: (Tracey/Bowen)

 

A.     That Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/828/2008 for a staged development application including 83 dwellings in five buildings, carparking, landscaping, construction and dedication to Council of internal roads, parks and a community centre at 66a Doncaster Avenue, Randwick, subject to the following conditions:  

 

Deferred Commencement Conditions:

 

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

 

1.       Enter into a voluntary planning agreement (VPA) to the satisfaction of the council generally in accordance with the Draft VPA annexed to this development consent providing for:

 

a)   The dedication of lands;

b)   The construction and dedication of a community facility in accordance with detailed architectural drawings which details and drawings are to be to the satisfaction of the Council;

c)   The carrying out of public works; and

d)   The creation of any easements for drainage as is required by the Council over the said land as generally described and provided for in the Draft VPA.

 

2.       Immediately upon execution the applicant shall register upon the title to the land the VPA.

 

3.       Council has acknowledged compliance with this condition in writing.

 

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

 

Development Consent Conditions

 

B.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of city Planning, development consent is granted under section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

Referenced Plans:

 

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

 

·       Title Page, drawing no. 0337 DA-800, Issue J dated 17/3/09,     received by Council on 20/3/09,

·       Site Concept Plan, drawing no. 0337 DA-802, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Basement parking/driveway plan, drawing no. 0337 DA-803, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Landscape calculations, drawing no. 0337 DA-804, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Land dedication at ground level, drawing no. 0337 DA-805, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Land dedication below ground level, drawing no. 0337 DA-806, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Elevations, drawing no. 0337 DA-807, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Sections, drawing no. 0337 DA-808, Issue J dated 17/3/09, received by Council on 20/3/09,

·       Sections, drawing no. 0337 DA-809, Issue J dated 17/3/09, received by Council on 20/3/09.  

 

any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions and/or as may be shown in red on the attached plans:

 

2.     This consent is limited to approval for the building envelopes, community facility, car parking and open space and does not authorise the carrying out of development on the subject site unless consent is subsequently granted to carry out development on the site subject to further development applications for civil works, infrastructure and subdivision in accordance with section 83B (3) of the Environmental Planning and Assessment Act 1979 (as amended).

 

3.     Development Consent No. 1097/2006 must be surrendered prior to the submission of the Stage 2 application for DA/828/2008.

 

4.     Development of the site must be implemented substantially in accordance with the General Terms of Approval issued by the NSW Department of Water and Energy as detailed in Part 3 of this development consent.

 

 GENERAL TERMS OF APPROVAL, Department of Water and Energy

 

5.     Licences under Part V of the Water Act 1912 are required for the works (pumping from an excavation or from spearpoints around the perimeter of the construction site), for purposes of temporary dewatering as part of proposed construction at 66a Doncaster Avenue, Randwick.

 

An application should be completed on the prescribed form for the abovementioned purpose and a licence obtained from the DWE prior to the installation of the works.  A plan drawn to scale will be required with the application clearly identifying the location of the dewatering installations.

 

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

 

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

 

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

 

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

 

10.   Suitable documents are to be supplied to DWE of the following:

 

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

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

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

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

 

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

 

12.   Specific Conditions.

 

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

 

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

 

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

 

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

 

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

 

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

 

16.   Discharge of any contaminated tailwater, if reinjection is proposed, must satisfy all requirements of DEC and DWE.  The quality of any tailwater reinjected must be compatible with, or improve the intrinsic or ambient groundwater in the vicinity of the reinjection site.  The following must be demonstrated in writing:

 

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

 

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

 

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

 

20.   Written advice from DEC indicating their approval for the methodology of handling and treating the groundwater.

 

21.   Written advice be provided from the Certifying Authority to Department of Natural Resources to certify that the following ground settlement issues have been addressed in reports submitted by the proponent:

 

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

 

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

 

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

 

The following Conditions are to be satisfied prior to the issuing of either a development consent, construction certificate or occupation certificate (as referred to in the condition) associated with Stage 2 of the development

 

Security Deposit Conditions

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

 

25.   The following damage/civil works security deposit requirement is to be complied with prior to a construction certificate being issued for the Stage 2 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)   $10000.00 -      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:

 

26.   Prior to the issuing of an Occupation Certificate for any Stage 2 Development the applicant must meet the full cost for Council or a Council approved contractor to undertake construction/reconstruction works in Ascot Street, (from the development site to Doncaster Avenue), including, but not limited to footpath construction, roadworks, landscaping and any necessary drainage works.

 

27.   Prior to the issuing of development consent for any Stage 2 application the  shall submit to Council for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures, landscaping works and site regrading, (including detailed levels, contours and cross sections that make reference to both existing and proposed surface levels). The engineering details and specifications shall specifically relate to those areas within the development site that are proposed for dedication to Council and shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council. The engineering details and specifications must be prepared by suitably qualified engineering consultants who must certify that the details and specifications meet best engineering practice and relevant standards. The applicant must liaise with Council’s Development Engineer Coordinator prior to preparation of the subject details/specification. Note: Council will not take dedication of any area/infrastructure that has not been constructed in strict compliance with the approved details/specification.

 

28.   The minimum design serviceable life for all road pavements shall be 40 years, (with the minimum design traffic ESA’s for the travel lanes of the pavement and the parking areas to be obtained from Council’s Development Engineer Coordinator) and designed in accordance with AUSTROADS PAVEMENT DESIGN GUIDE. All other infrastructure i.e. kerb and gutter, footpaths, retaining walls, pipe drainage etc shall have a minimum design serviceable life of 80 years. The specification and engineering details prepared for the Stage 2 Development Application must demonstrate compliance with this requirement.

 

29.   Prior to the issuing of any development consent for the Stage 2 application the applicant must demonstrate to Council, through the use of detailed swept path analysis, that the internal road design will operate satisfactorily for service and delivery vehicles, (i.e. will satisfy Section 3 of AS 2890.2-2002). The swept path analysis must be prepared using the largest trucks/worst case likely to service the various areas of the development.

 

The applicant shall meet the full cost for the design and construction of all new civil infrastructure, traffic facilities, signposting and alterations to existing infrastructure both within the development site and in Ascot Street.

 

30.   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.

 

31.   Prior to lodgement of the Stage 2 Development Application the applicant must submit to Council for approval, and have approved the final design option for the site’s vehicular entry/exit arrangement at the junction of Ascot Street and the site’s internal road network. The design option shall be generally in accordance with either the entry/exit arrangement approved with Development Application 1097/2006 or the option identified on plans received by Council 20/3/09 as “Indicative Entry & Roundabout to Residential Development & Randwick Racecourse”. The selected design option must include full civil design specifications, land ownership details and details of formal agreements between landowners as required for the works to proceed.

 

32.   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.

 

33.   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.

 

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

 

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

 

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

 

35.   All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the Stage 2 construction certificate showing compliance with this condition.

 

36.   The driveway openings at the entrances to the proposed basement carpark areas must be a minimum of 6.0 metres wide. The internal driveways and carpark areas must be designed for 2 way traffic movements. The carpark areas (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

37.   Prior to lodgement of the Stage 2 Development Application the applicant shall submit to Council for approval and have approved a traffic management plan specifically considering traffic management / safety conditions at the intersection of the southern entry/exit ramp for the basement carpark. This condition is required as Council wants to minimize any potential vehicular conflict between vehicles entering/exiting the basement carpark and vehicles circulating the development site on the road network to be dedicated to Council. The applicant is advised to liaise with Council’s Development Engineer Coordinator prior to preparation of the subject traffic management plan.

 

38.   The number of carspaces to provided within the proposed carpark areas shall be in general accordance with the relevant sections of Council’s Development Control Plan – Parking. Details of parking provision calculations and proposed allocation of spaces shall be provided with the Stage 2 Development Application.

 

39.   Prior to the issue of a construction certificate for the Stage 2 Development, the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

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

 

Alignment Level Conditions

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

 

40.   The design alignment level at the Ascot Street property boundary for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator, (9399 0924), prior to lodgement of the Stage 2 Development Application. 

 

41.   Any enquiries regarding this matter should be directed to the Development Engineer Coordinator. The design alignment level at the property boundary must be strictly adhered to.

 

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

 

43.   The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $880 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

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

 

44.   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.

 

45.   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.

 

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

 

47.   Any electricity substation required for the site as a consequence of this development shall be located within a residential site, (i.e. not in any road reserve or recreational area), 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 Stage 2 Development Application to determine whether or not an electricity substation is required for the development.

 

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

 

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

 

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

 

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

 

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

 

Drainage Conditions

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

 

50.   Prior to lodgement of the Stage 2 Development Application the applicant must undertake a detailed analysis of the existing flowpath regime through/surrounding and downstream of the development site and compare that with proposed flowpaths post development. The applicant must provide sufficient documentation/evidence to Council to indicate that the proposed development will not increase the depth of overland flow in areas outside the development site and that no property downstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

51.   Prior to lodgement of the Stage 2 Development Application the applicant must undertake a detailed analysis of the existing site stormwater drainage system and the proposed stormwater drainage system, (piped and overland flow). The applicant must provide sufficient documentation/evidence to Council that the proposed site stormwater drainage system will not increase the depth of overland flow in areas outside the development site, will not adversely impact on Council’s stormwater drainage infrastructure and that no property downstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

52.   Prior to lodgement of the Stage 2 Development Application the applicant must provide to Council full details of any proposed stormwater infrastructure to be constructed external to the site and within land not owned by either the applicant or by Council. The applicant must either demonstrate that in principle support for the infrastructure has been provided by the relevant landholder or provide sufficient documentation that construction of the infrastructure and creation of suitable associated easements can be legally enforced. Should the applicant be unable to obtain the necessary agreements or demonstrate to Council that creation of the easement and construction of the infrastructure can be legally enforced then an alternate stormwater drainage scheme must be developed. The applicant is advised to liaise with Council’s Development Engineer Coordinator regarding these requirements.

 

53.   Prior to lodgement of a Stage 2 Development Application the applicant must submit to Council for approval, and have approved, a flood study which determines the 1 in 100 year flood level for the development site. The flood study must either correlate with the Council commissioned study currently being undertaken by WMAwater at the time of lodgement or alternatively provide sufficient supporting documentation / evidence for Council to approve a variation to the Council commissioned flood study. The applicant must liaise with Councils Development Engineer Coordinator prior to lodgement of the flood study to obtain all of Council’s requirements for the study and any supporting data. The applicant is advised to liaise directly with WMAwater to obtain the latest flood analysis information for the subject development site.

 

54.   The floor level of all habitable and storage areas shall be a minimum of 500 millimetres above the calculated 1 in 100 year flood level or suitably waterproofed up to this same level.

 

55.   The proposed internal driveways (and any other openings into the basement carparks) must be designed with a high point at least 300 mm above the determined 1 in 100 year flood level. The plans submitted for the Stage 2 Development Application shall demonstrate compliance with this requirement.

 

56.   All windows, vents and other openings into the basement carparks must be located at least 300 mm above the determined 1 in 100 year flood level. The plans submitted for the Stage 2 Development Application shall demonstrate compliance with this requirement.

 

57.   The proposed internal roadways, any drainage easements and overland flow routes shall be designed to drain the 1 in 100 year storm event and to consider personal and structure safety and the hazard factor, (product of velocity and depth of flow) This safety factor shall not exceed a value of 0.4 at any location. (i.e. VD< 0.4). The Stage 2 Development Application must document how these requirements are to be met.

 

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

 

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

 

External Drainage works

 

59.   All stormwater runoff being discharged from the site shall be directed to Council’s underground drainage system. The applicant must liaise with Council’s Development Engineer Coordinator to obtain Council’s requirements for connection to the underground drainage system.

 

60.   All drainage details (for the external drainage works) shall be prepared by a suitably qualified hydraulic consultant who shall, at the completion of the works, certify that the drainage works have been constructed in accordance with the approved drainage plans and relevant standards. The plans and specifications for all works on Council property shall be submitted to and approval by Council prior to the issuing of a construction certificate.

 

Internal Drainage

 

61.   A detailed stormwater drainage plan covering all areas/infrastructure proposed to be dedicated to Council must be submitted with the Stage 2 Development Application for approval by Council. The concept drainage plan must address the relevant stormwater drainage conditions contained within any consent for the Stage 1 Development. The applicant is advised to contact Council’s Development Engineer Coordinator to discuss Council’s requirements for the stormwater drainage concept plan prior to preparation of the concept plan.

 

62.   Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage for the proposed residential developments, (i.e. excluding roads and reserves to be dedicated to Council), shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for any Stage 2 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 (i.e. above the 1 in 20 year storm) to the proposed drainage system.

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

63.   All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.

 

64.   The internal stormwater drainage system must be suitably designed such that stormwater discharge from the development site for all storms up to the 1 in 20 year storm event does not exceed that which would occur for the 1 in 10 year storm 1 hour duration for the existing site conditions. The plans/application for the Stage 2 Development must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator regarding the design of this system prior to lodging the Stage 2 Development Application.

 

65.   Covered car washing bays shall be provided for this development at the general rate of 1 car washing bay per 12 dwellings. Any Stage 2 Development Application should identify the proposed car wash bays

 

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

 

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

 

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

 

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

 

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

 

f)       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.

 

66.   Prior to the issuing of an occupation certificate for any Stage 2 Development, the applicant shall submit to Council, a works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced Hydraulic Engineer. The works-as-executed drainage plan shall be to the satisfaction of the Principal Certifying Authority (PCA) and shall include the following details:

 

a)        The location of the detention basin with finished surface levels;

b)        Finished site contours at 0.2 metre intervals;

c)        Volume of storage available in the detention areas;

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

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

f)         Details of any infiltration/absorption systems; and

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

 

67.   As the above site is likely to encounter groundwater, (i.e. excavation will be within the water table), the basement carparks or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

68.   The Construction Certificate Application for Stage 2 Development and all works on the development site must comply with the Department of Water and Energy’s General Terms of Approval issued for this development, (issued by letter to Council dated 15/12/2008).

 

69.   A report must be submitted to and approved by the Certifying Authority or an accredited certifier, prior to issuing of a Construction Certificate for Stage 2 Development, detailing the proposed method of excavation and dewatering process.  This report is to be prepared by suitably qualified and experienced Geotechnical, Hydrological and Structural Engineers and is to include but not limited to:

 

·       The proposed method of shoring/piling and dewatering.

·       The zone of influence of any possible settlement.

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

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

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

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

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

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

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

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

 

A copy of the report is to be forwarded to Council, (should Council not be the Certifying Authority), prior to the issuing of a Construction Certificate Construction Certificate for Stage 2 Development.

 

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

 

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

 

Waste Management Conditions

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

 

70.   Prior to the issuing of a construction certificate for the Stage 2 Development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

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

 

Landscape Conditions

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

 

71.   Detailed landscape plans, prepared by a Landscape Architect (member of AILA), or Landscape Designer/Manager (member of AILDM) shall be submitted with the Stage 2 application, and shall include:

 

a.       Site plans (at an appropriate scale) showing existing site boundaries, existing trees, structures, buildings and features both within and adjoining the property (clearly identified as being retained or removed), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the trees to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

d.       All proposed tree plantings on private property will need to be located a minimum of 2.5 metres from any proposed dwelling/building or permanent structure so as to prevent future maintenance/nuisance issues.

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

m.      The nature-strip upon Council's footway shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu Turf or similar. Such works shall be installed prior to the issue of a final Occupation Certificate.

 

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

 

72.   The applicant will be responsible for meeting all costs associated with constructing those public areas to be dedicated to Council; being Brush Box Park, Turnstile Park and Bridge Ramp Park and any tree plantings within road verges. A separate suite of Landscape Plans for these public areas shall be submitted to, and be approved by, Council’s Director of City Planning, for the Stage 2 application, and will include (but not be limited to) the following items:

 

§ Plans, elevations, sections;

§ Planting plans and plant schedules;

§ Site furniture such as seats/benches, bins, drinking fountains, lighting, signage;

§ Playgrounds and associated equipment, softfall, fencing, shade structures;

§ Supplier details, warranties;

§ ‘As built’ drawings upon completion;

 

73.   Prior to commencement of construction/installation of the proposed playground equipment and softfall certification from a suitably qualified consultant must be forwarded to Council confirming that the playground equipment and softfall is in accordance with the relevant Australian Standards. Prior to Council accepting dedication of the playground equipment and softfall certification must be provided to Council confirming that the playground equipment and softfall have been constructed / installed to the relevant Australian Standards and in accordance with the approved design.

 

74.   Street trees selected from Council’s Street Tree Masterplan shall be provided wholly within the nature strip, with a street tree planting detail and specification to be submitted for Council’s approval as part of the Stage 2 application.  Plans showing their location, and full size at maturity shall be provided, showing suitable setbacks from intersections, vehicle crossings etc.

 

75.   The applicant shall liaise with Council’s nominated representatives in relation to all works proposed on property which is to be dedicated to Council.

 

Tree Management

 

76.   As part of reconstructing both sides of the Ascot Street footpath, the applicant will be responsible for removing the existing street trees (at their own cost), being trees 49-54, in order to accommodate new footpaths and street tree plantings which are more in keeping with Council’s Street Tree Masterplan for this area. The applicant will be required to satisfy themselves as to the depth and location of all site services prior to the commencement of any such works on public property.

 

77.   The applicant will be responsible for covering the costs for Council to plant replacement street trees in this area, with the contribution to be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre prior to a construction certificate being issued for the development.

 

78.   Approval is granted for removal of the following trees as identified in the Summary s Table, point 1.4.1, contained in the revised Arboricultural Assessment and Impact Statement, prepared in January 2008 by Gary Clubley, Arborist and Landscape Consultant, in order to accommodate the proposed works as shown, or due to poor, health, condition or invasive qualities, subject to the retention and protection of those other trees nominated at the site, as well as full implementation of the proposed landscape works:

 

a)   Six Lophostemon confertus (Brush Box), trees 7-11, 24;

b)   One Eucalyptus cinerea (Argyle Apple), tree 13;

c)   Five Olea europaea ssp. Africana (African Olive’s), trees 14, 17, 21-22, 26;

d)   Four Celtis sinensis (Nettle Tree’s), trees 15-16, 20, 23;

e)   One Ficus macrophylla (Moreton Bay Fig), tree 18;

f)    One Ficus rubiginosa (Port Jackson Fig), tree 19;

g)   One Phoenix canariensis (Canary Island Date Palm), tree 25;

h)   One Corymbia gummifera (Bloodwood), tree 49;

i)    Four Melaleuca lineariifolia ‘Snowstorm’ (Paperbarks), trees 51-54.

 

79.   A site Arborist shall be engaged to provide a written report, containing Tree Protection Zones and specific Tree Management Plans for those trees identified for retention as part of the proposal. The report will need to consider direct and indirect impacts arising from the proposed works, such as excavations from the basement carpark level, site machinery movements and the need for pruning for clearances etc.

 

The following conditions are imposed to maintain the heritage significance of the site:

 

80.   A Schedule of Conservation Works for the existing built elements on the site shall be prepared in accordance with the principles embodied in the Australia ICOMOS Burra Charter and the methodology outlined in J.S. Kerr’s The Conservation Plan.  The Schedule is to include an Ongoing Maintenance Schedule.  This Schedule shall be prepared by an architect suitably qualified and experienced in heritage conservation, and shall be to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

81.   The conservation policies and maintenance program outlined in the Schedule of Conservation Works are to be implemented in conjunction with the proposed development.  An architect suitably qualified and experienced in heritage conservation shall be engaged to oversee the implementation of the endorsed Conservation Plan to ensure the use of technically sound and appropriate techniques.  All work shall be carried out in accordance with the principles of the Australia ICOMOS Burra Charter and to the satisfaction of the Director City Planning.

 

82.   A positive covenant shall be created under Section 88E of the Conveyancing Act to ensure that a specific sinking fund is established and allocated for ongoing repair and maintenance works to the heritage elements.  These works are to be in accordance with the Ongoing Maintenance Schedule prepared as part of the Schedule of Conservation Works.  Such covenant shall not be revoked or modified without prior approval of Council.  The covenant shall be submitted for Council’s approval prior to the issue of the construction certificate.

 

83.   An archival recording of the property shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a       construction certificate being issued for the development. This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture.  Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library.  The archival recording is to include the spatial relationship between the Pedestrian Ramp, the Turnstile Building and the remnants of the tram station platforms, and the spatial character and historic views within the site

 

84.   An archaeological assessment of the site is to be prepared in accordance with the Archaeological Assessment Guidelines produced by the NSW Heritage Office.  The assessment should advise on the likelihood and potential significance of relics on the site and recommend appropriate action in the context of the proposed development.  The archaeological assessment is to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

85.   An interpretation plan for the site is to be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  The s of the Interpretation Plan are to be implemented before completion of the project to the satisfaction of Council’s Director City Planning.

 

86.   Blocks A2 and D are to be articulated as recommended in the Statement of Heritage Impact to the satisfaction of the Director City Planning, with details to be provided in the Stage 2 development applications.  

 

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

 

87.   The applicant is to engage a NSW Department of Environment and   Conservation (DEC) (formerly EPA) Accredited Site Auditor. The Site Auditor is to assess the suitability of the site for its intended development and use.  A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to a construction certificate being issued [or subdivision certificate] which ever comes first, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection     (Assessment of Site Contamination) Measure 1999.

 

Any additional conditions that are specified in the Site Audit Statement and Summary Site Audit Report by the EPA accredited site auditor, form part of this consent and Council must be consulted with prior to the development and imposition of any conditions.

 

Provision of an environmental management or ongoing site management plan will be required to be included on the certificate of titles for all affected land, utilising the relevant provisions of a section 88 b or e instrument, as applicable.

 

88.   Site remediation must be carried out in accordance with the following general requirements (as applicable):

 

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

 

a)       A Site Audit Statement and Summary Site Audit Report is to be submitted to Council, prior to a construction certificate being issued [or subdivision certificate] which ever comes first, which confirms that the land has been remediated and the site is suitable for the intended development and use and satisfies the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure 1999.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

·         hazard identification and control

·     worker health & safety, work zones and decontamination procedures

·     cross contamination

·         site drainage and dewatering

·     air and water quality monitoring

·         disposable of hazardous wastes

·         contingency plans and incident reporting

·         details of provisions for monitoring implementation of remediation works and persons/consultants responsible

 

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

 

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

 

k)       Remediation work shall be conducted within the following hours:

Monday – Friday     7am – 5pm

Saturday              8am – 5pm

No work permitted on Sundays or Public Holidays

 

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

 

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

 

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

 

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

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

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

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

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

 

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

 

91.   The site must be remediated in accordance with the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and details of compliance are to be provided to Council from a) an Accredited Site Auditor b) a suitably qualified Environmental Consultant upon completion of the remediation works.

 

92.   The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor.  

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

93.   All land to be dedicated to the Council must be remediated in accordance with the relevant legislative provisions and guidelines and shall be subject to a Site Audit Statement.

 

The Council will not accept the dedication of land the subject of any on-site capping or containment of any asbestos or other contaminant.

 

94.   The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the community or Council in relation to contamination, remediation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after-hours emergency contract number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

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:

 

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

 

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

 

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

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

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

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

 

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

 

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

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

 

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

 

A report/correspondence prepared by a suitably qualified and experienced consultant in acoustics shall be submitted to Council prior to a construction certificate being issued for the development, which demonstrates that noise and vibration emissions from the development will comply with the relevant provisions of the Protection of the Environment Operations Act 1997, Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and relevant conditions of approval.

 

96.   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).

 

97.   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.

 

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

 

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

 

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

 

100.  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.

 

101.  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.

 

102.  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.

 

103.  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.

 

104.  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.

 

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

 

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

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

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

 

106.  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.

 

107.  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.

 

108.  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.

 

109.  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.

 

110.  A single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule, must be obtained prior to issuing an Occupation Certificate and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000. A copy of the Fire Safety Certificate must be displayed in the building entrance/foyer and a copy of the Fire Safety Certificate must also be forwarded to the NSW Fire Brigades.

 

111.  .As 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.

 

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

 

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

 

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

 

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

 

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

 

114.  Driven type piles/shoring must not be provided unless a geotechnical engineer’s report is submitted to the certifying authority, prior to the issuing of a construction certificate, which demonstrates that damage should not occur to any adjoining premises and public place as a result of the works.

 

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

 

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

 

116.  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:

 

117.  The demolition work, removal, storage, handling and disposal of building products and materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

 

·     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 Code of Practice for the Safe Removal of Asbestos Australian Standard 2601 (2001) – Demolition of Structures

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

·        Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

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

 

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

 

118.  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.

 

119.  If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building 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

·    if necessary, underpin and support the building and excavation in an approved manner; 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 to do so to the owner of the adjoining land. Particulars of the excavation are to be provided to the owner of the adjoining land and also the owner of the land where the building is being erected or demolished.

 

120.  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.

 

121.  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.

 

122.  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.

 

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

 

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

 

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

 

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

 

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

 

125.  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.

 

126.  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.

 

127.  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.

 

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.

 

128.  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.

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·    Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

131.  The applicant/builder is required to hold Public Liability Insurance, with a minimum liability of $5 million and a copy of the Insurance cover is to be provided to Council.

 

132.  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.

 

133.  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.

 

The following conditions are applied to maintain reasonable levels of public health, amenity and safety:

 

134.  The demolition, removal, storage, handling and disposal of products and materials containing asbestos must be carried out in accordance with Randwick City Council’s Asbestos Policy and the relevant requirements of WorkCover NSW and the NSW Department of Environment & Conservation (formerly the Environment Protection Authority), including:

 

·    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 Code of Practice for the Safe Removal of Asbestos Australian Standard 2601 (2001) – Demolition of Structures.  The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 1996.

·       Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

 

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.

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

135.  Access and provisions for people with a disability are to be provided to the development generally in accordance with the relevant requirements of Part 5.4 of Council’s Development Control Plan for Multi-Unit Housing, AS 1428.1 – Design for Access and Mobility and AS 4299 – Adaptable Housing. Details are to be included in the Construction Certificate to the A4. satisfaction of the certifying authority.

 

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).

 

A2.   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.

 

A3.   The applicant/developer is advised to ensure that the development is not inconsistent with Council's consent and if necessary consult with Council’s Building Certification Services or your accredited certifier (as applicable) prior to submitting your construction certificate application to enable these matters to be addressed accordingly.

 

A4.   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.

 

A5.   The applicant is to advise Council in writing and/or photographs of any signs of         existing damage to the Council roadway, footway, or verge prior to the         commencement of any building/demolition works.

 

MOTION: (Tracey/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D21/09     Development Application Report - 29 Bay Parade, Malabar  (DA/37/2007/D)

PL30/09

RESOLUTION: (Andrews/Mayor, Cr B Notley-Smith)

 

That Council, as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/37/2007 for permission to Section 96(2) Modification of approved development to modify the approved development consent by installing a new obscure glass window to the south facing first floor walk in wardrobe and changing the pitch of the approved roof to slope from south to north (from the original east to west) by:

 

A     Amending Condition No.1 to read:

 

The development must be implemented substantially in accordance with the plans numbered 11807, undated and received by Council on the 5th July 2007, the application form and on any supporting information received with the application, as amended by the following

 

·           Section 96’A’ plan numbered 11807 Issue A and received by Council on 24th April 2008; and as amended by

·           Section 96’B’ plan numbered 11807, Issue B and received by Council on 30th June 2008, and as amended by

·           Section 96’C’ plan numbered 11807, Issue C and received by Council on 15th August 2008, 

·           Section 96 ‘D’ plan numbered 11807, Issue D and received by Council on 24th February 2009, 

 

only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 applications.

 

B       Add the following Condition:

 

44.   The window to the walk in wardrobe on the southern elevation at first floor level shall be of fixed and obscure glazing to preserve the privacy of the adjoining dwelling at no. 27 Bay Parade. Details of compliance to be demonstrated in construction certificate plans.

 

MOTION: (Andrews/Mayor, Cr B Notley-Smith) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D22/09     Development Application Report - 194 Botany Street, Kingsford (da/97/2009)

PL31/09

RESOLUTION: (Andrews/Mayor, Cr B Notley-Smith)

 

A.     That Council support the objections under State Environmental Planning No. 1 (SEPP 1) in respect to non-compliance with Clause 30(1) (2) of the Randwick Local Environmental Plan 1988, relating to minimum allotment sizes, 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. for permission to Torrens title subdivide the site into two lots for 194 Botany Street, Kingsford subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the draft subdivision plan by Ballenden Surveyors sheet 1 of 1, dated 19 February 2009 and received by Council on 23 February 2009, plan by John Spiteri, dated 23 February 2009 and received by Council on 26 February 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

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

 

Subdivision Conditions

The following conditions are applied to satisfy the provisions of Council’s environmental plans, policies and codes for subdivision works:

 

3.       A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

 

Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the website www.sydneywater.com.au then refer to “Water Servicing Coordinator” under Developing Your Land” or telephone 13 20 92 for assistance.

 

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

 

The Section 73 Compliance Certificate must be submitted to the Principal Certifying Authority prior to release of the plan of subdivision.

 

4.       The applicant shall create suitable rights of carriageway, easements for services, support and stormwater lines, as required. The applicant shall be advised that the minimum easement width for any stormwater line is 0.9 metres.

 

5.       A "restriction on the use of land” and “positive covenant" (under section 88B of the Conveyancing Act 1919) shall be placed on the title of the rear lot, in conjunction with the registration of the proposed plan of subdivision, to ensure that any future onsite detention system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

a.  The "restriction as to user and positive covenant" are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer.

 

6.       A formal subdivision application is required to be submitted to and approved by the Council or an accredited certifier and all conditions of this development consent are required to be satisfied prior to the release of the subdivision plans.

 

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

 

8.       Prior to endorsement of the subdivision plans for this property the applicant shall have constructed, in accordance with the approved plans, the off-street parking spaces within proposed lot 1.

 

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

 

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

 

10.     Stormwater runoff from Lot 1 shall be discharged either:

 

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

 

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

 

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

 

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

 

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

 

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

 

The pump system must also be designed and installed strictly in accordance with Randwick City Council's Stormwater Code.

 

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

 

14.     All site stormwater which is discharged into an infiltration/absorption tank and/or discharged from the site, must be taken through a sediment/silt arrester pit. The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

·        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 (Mascot GMS Multi-purpose filter screen or similar).

 

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

 

·        The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·        A sign adjacent to this pit stating that:

 

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

 

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

 

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

 

15.     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.

 

16.     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.

 

17.     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.

 

18.     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.

 

19.     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.

 

20.     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; and

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

 

21.     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.

 

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

 

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

 

23.     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.

 

24.     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.

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:

 

25.     The demolition, removal, storage, handling and disposal of building products and materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Conservation (formerly the Environment Protection Authority) and Randwick City Council policies and conditions, including:

·      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 Code of Practice for the Safe Removal of Asbestos

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant Department of Environment & Conservation (DEC) / Environment Protection Authority (EPA) and WorkCover NSW Guidelines.

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

 

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

 

26.     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.

 

27.     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 between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

28.     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.

       

29.     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.

 

30.     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.

 

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.

 

31.     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

 

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.

 

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

 

33.     Any part of Council’s nature strip which is damaged as a result of the work must be back-filled, top-soiled and re-turfed with kikuyu turf prior to occupation or finalisation of the development, to Council’s satisfaction.

 

34.     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, 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 (grater than 3m in length) or any container or other article.

 

ADVISORY MATTERS:

 

A1      Building or excavations works must not be commenced until a construction certificate has been obtained from Council's Building Certification Services or an Accredited Certifier and either Council's Building Certification Services or an Accredited Certifier has been appointed as the Principal Certifying Authority (PCA) for this development.

 

Failure to obtain a Construction Certificate and appoint a PCA before commencing works is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.

 

A2      The applicant is advised that the Construction Certificate plans and specification must comply with the provisions of the Building Code of Australia (BCA) and the construction certificate must not be inconsistent with the development consent.

 

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

 

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

 

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

 

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

 

MOTION: (Andrews/Mayor, Cr B Notley-Smith) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

D23/09     Development Application Report - 7 Mermaid Avenue, Maroubra (da/639/2008)

PL32/09

RESOLUTION: (White/Mayor, Cr B Notley-Smith)

 

That Council, as the consent authority, grant DEFERRED COMMENCEMENT CONSENT under Section 80(3) of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/639/2008 for demolition of existing dwelling and construction of new 6 level stepped dwelling, swimming pool and associated site works at 7 Mermaid Avenue, Maroubra subject to the following conditions:

 

Deferred Commencement Conditions

 

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

 

D1      The design must be amended in the following manner to improve the street presentation of the building:

 

o  Open the front boundary wall by at least 50% to allow views into the site and around the building. The wall may be installed with perforated metal inserts, metal palisades, spaced timber battens or the like.

 

o  Increase the width of the front boundary planter from 600mm to 1m.

 

o  Install a window in the western wall of the top level (above the void) to allow views through the building to Lurline Bay. The window must be at least 5m2 and made of clear glass.

 

o  Install another window in the southern wall of the entry corridor. The window must be at least 6m2 and made of translucent or clear glass.

 

D2      The design must be amended in the following manner to reduce the impact of the northern garage wall on the courtyard to the north:

 

o  The garage must be moved south so that there is a 900mm setback to the northern boundary. The garage must continue to accommodate 2 cars. This condition may necessitate changes to the building entry and lift shaft.

 

D3      The design must be amended in the following manner to improve privacy to the northern neighbour.

 

o  The pool stair must be deleted from the northern aspect of the pool and relocated so that it is within the terrace.

 

D4      An updated BASIX certificate accommodating the design changes must be submitted if necessary.

 

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

 

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, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 1.01 – 1.07, 2.01 - 2.04, 3.01 and 3.02 dated 30 July 2008 and received by Council on 8 September 2008, the application form and on any supporting information received with the application, except as may be amended by the following conditions, the deferred commencement conditions and as may be shown in red on the attached plans:

 

2.       The east facing window on the top level must be installed with clear glass to allow views through the building from the street to Lurline Bay.

 

3.       The east and west facing windows on the top level must not be installed with any covering that obstructs views through the building from the street to Lurline Bay.

 

4.       The development must be carried out in accordance with the Report on Geotechnical Investigation Project 45717, August 2008 prepared by Douglas Partners and received by Council 8 September 2008.

 

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

 

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

 

6.       There must be no encroachment of the structure/s onto Council’s road reserve, footway or public place, unless written permission has been obtained from the Council beforehand.

 

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

 

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

 

9.       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 approved paving or the like on the ground) without the written consent of Council.

 

10.     Lighting to the premises shall be designed so as not to cause a nuisance to nearby residents.

 

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

 

The following condition/s are imposed to satisfy the requirements of the Sydney Water Corporation.

 

12.     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 is applied to meet additional demands for public facilities;

 

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

 

Section 94A Contributions

Category

Cost

Applicable Levy

Contribution

Development Cost

More than $200,000

$4,683,441.00

1.0%

$46,834,41.00

 

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

 

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

 

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

 

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

 

15.     In accordance with 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.

 

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

 

·      Stormwater management (i.e. rainwater tanks)

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

·      Landscaping provisions

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

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

 

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

 

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

 

The following group of conditions have been applied to ensure that adequate drainage is provided from the premises and to maintain adequate levels of health and amenity in the locality:

 

18.     External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to the adjoining premises.

 

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

 

19.     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.

 

20.     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.

 

21.     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.

 

22.     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.

 

23.     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.

 

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

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

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

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

 

25.     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 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.

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

 

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

 

27.     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.

 

28.     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.

 

29.     Smoke alarms are required to be installed in each Class 1 building or residential dwelling in accordance with the relevant provisions of Part 3.7.2 of the B.C.A. – Housing Provisions.

 

Smoke alarms must comply with AS3786 – Smoke alarms and be connected to the consumer mains electric power supply and provided with a battery back-up.

 

The smoke alarms are to be installed in suitable locations on or near the ceiling, in any storey containing bedrooms; located between each part of the dwelling containing the bedrooms and the remainder of the dwelling, or where bedrooms are served by a hallway, the smoke alarms are to be located in that hallway; and smoke alarms are to be installed in any other storey not containing bedrooms, to the satisfaction of the certifying authority.

 

Smoke alarms are not to be located in ‘dead-air-spaces’, in the corner junction of walls and ceilings between exposed rafters/joists or at the apex of raked ceilings, as detailed in Part 3.7.2 of the Building Code of Australia – Housing Provisions.

 

Details of compliance with the provisions of the Building Code of Australia must be included in the plans / specification for the construction certificate.

 

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:

 

30.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the following regulations:

·      The requirements and Guidelines of Work Cover NSW

·      Occupational Health and Safety Act 2000

·      Australian Standard 2601 (2001) – Demolition of Structures

·      The Protection of the Environment Operations Act 1997

·      Protection of the Environment Operations (Waste) Regulation 1996.

 

31.     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 any asbestos materials will commence

 

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

 

Note it is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

 

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

 

a.       Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

c.       A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).

Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.

 

d.       On sites involving the removal of asbestos, a 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.

 

e.       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.

 

f.        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 and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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.

 

33.     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.

 

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

 

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

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

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

·           as otherwise required by the Principal Certifying Authority.

 

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

 

35.     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).

 

36.     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 between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

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.

 

37.     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.

 

38.     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 footings or first completed floor slab (prior to the pouring of concrete), showing the area of the land, building and boundary setbacks and levels of the building.

 

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.

 

39.     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.

 

40.     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.

 

Temporary site fences 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 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.

 

41.     A Construction Site Management Plan is to be submitted to and approved by the principal certifying authority prior to the commencement of demolition, excavation or building works. The site management plan must include the following measures, as applicable to the type of development:

 

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

·      location of site storage areas/sheds/equipment;

·      location of building materials for construction;

·      provisions for public safety;

·      dust control measures;

·      site access location and construction

·      details of methods of disposal of demolition materials;

·      protective measures for tree preservation;

·      provisions for temporary sanitary facilities;

·      location and size of waste containers/bulk bins;

·      details of proposed sediment and erosion control measures;

·      construction noise and vibration management;

·      construction traffic management provisions.

 

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

 

42.     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 Construction Site Management Plan which 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.

 

43.     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.       Building materials, sand, soil, waste materials, construction equipment or5 other activities must not be placed upon the footpath, roadway or nature strip at any time and the footpath, nature strip and road must be maintained in a clean condition and free from any obstructions, soil and debris at all times.

 

b.       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.

 

c.       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.

 

d.       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.

 

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

 

f.        Any part of Council’s road, footway or nature strip which is damaged as a result of the work must be repaired or replaced to Council’s satisfaction   prior to occupation or finalisation of the development.

 

The following conditions are applied to ensure compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

44.     Swimming pools are to be provided with childproof fences and self-locking gates, in accordance with the Swimming Pools Act 1992 and regulations.

 

The swimming pool is to be surrounded by a fence having a minimum height of 1.2m, that separates the pool from any residential building situated on the premises and from any place (whether public or private) adjoining the premises; and that is designed, constructed and installed in accordance with AS 1926-1986.

 

Gates to pool area shall be a maximum width of 1 metre, and be self-closing and latching; the gate is required to open outwards from the pool area and prevent a small child opening the gate or door when the gate or door is closed.

 

Temporary pool safety fencing is to be provided pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

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

 

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

 

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

 

46.     Swimming pools are to be designed, installed and operated in accordance with the following general requirements: -

 

a.     Backwash of the pool filter and other discharge of water is to be drained to the sewer in accordance with the requirements of the Sydney Water Corporation; and

b.     All pool overflow water is to be drained away from the building and adjoining premises, so as not to result in a nuisance or damage to premises; and

c.     Water recirculation and filtrations systems are required to comply with AS 1926.3 – 2003:  Swimming Pool Safety – Water Recirculation and Filtration Systems; and

d.     Pool plant and equipment is to be enclosed in a sound absorbing enclosure or installed within a building, to minimise noise emissions and possible nuisance to nearby residents; and

e.     The pool plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

i.      before 8.00am or after 8.00pm on any Sunday or public holiday; or

ii.     before 7.00am or after 8.00pm on any other day.

 

47.     Written notification must be provided to Council advising of the installation and completion of the Swimming Pool (or Spa Pool), to satisfy the requirements of the Swimming Pools Act 1992, prior to issuing an Occupation Certificate.

 

Council’s “Notification & Registration of a Swimming Pool” form must be completed and forwarded to Council prior to any Occupation Certificate being issued for the pool.

 

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

 

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

 

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:

 

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

 

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

 

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

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

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

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

·      before 7.00am or after 8.00pm on weekdays.

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

 

50.     Adequate provisions are to be made within the premises for the storage and removal of waste and recyclable materials, to the satisfaction of Council and details are to be included in the construction certificate documentation.

 

51.     A demolition and construction Waste Management Plan (WMP) must be development and implemented for the development, to the satisfaction of Council, prior to the commencement of works.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Security Deposit Conditions

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

 

52.     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)   $1000.00   -      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.

 

Civil Works Conditions

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

 

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

 

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

 

54.     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.

 

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

 

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

 

56.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for the driveway entrance must be as follows:

 

Driveway Entrance         RL 38.63 AHD

Pedestrian Entrance -      RL 38.53 AHD

 

57.     The design alignment levels issued by Council must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

58.     The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $674.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

 

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

 

59.     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.

 

60.     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.

 

61.     Power supply to the development shall be underground from the existing pole in Mermaid Avenue, (opposite the common boundary between 7 and 9 Mermaid Avenue) through to the development site’s electricity meter.

 

The following conditions are applied to