Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 26 May 2009

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

26 May 2009

 

 

 

 

 

 

 

 

 

 

 

 

19 May 2009

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 26 May 2009 at 6:00pm.

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 28 April 2009

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

Any Mayoral Minutes will be distributed on the night of the meeting.

 

Urgent Business

 

Director City Planning Reports

CP24/09    54 Mount Street, Coogee

CP25/09    32 Cooper Street, Maroubra

CP26/09    120 Alison Road, Randwick

CP27/09    212 Arden Street, Coogee

CP28/09    155 - 157 Arden Street, Coogee

CP29/09    1 Fleming & 30 - 36 Harvey Streets, Little Bay

CP30/09    Review of the Swimming Pools Act 1992

CP31/09    S.54 Report 131 Alison Road, Randwick - Randwick Labor Club - Proposed Spot Rezoning

CP32/09    Draft Centres Policy - Planning for retail and commercial development

 

General Manager's Reports

GM21/09    Affixing of the Council Seal

GM22/09    Randwick City Council Quarterly Report - March 2009

 

Director City Services Reports

CS12/09    Herbert Street, Malabar - Street Improvements

 

Director Governance & Financial Services Reports

GF20/09    Investment Report - April 2009

GF21/09    2008-09 Budget Review as at 31 March 2009

GF22/09    Councillors Expenses & Facilities Policy - results of public exhibition  

 

Petitions

 

Motion Pursuant to Notice

NM24/09    Motion Pursuant to Notice from Councillor Matson - Negative reaction to Future Music Festival event

NM25/09    Motion Pursuant to Notice from Councillor Tracey - Proposed renaming of High Street, Randwick

NM26/09    Motion Pursuant to Notice from Councillors Bowen and Seng - Donation to Randwick Petersham Cricket Club

NM27/09    Motion Pursuant to Notice from Councilllor Matson - Federal Government's Carbon Pollution Reduction Scheme

NM28/09    Motion Pursuant to Notice from Councillor Matson - Climate Emergency rally on Saturday 13 June 2009

NM29/09    Motion Pursuant to Notice from Councillor Matson - Unauthorised pathway off Argyle Crescent in Randwick Environment Park

NM30/09    Motion Pursuant to Notice from Councillor Matson - Revegetation of Randwick Environment Park

NM31/09    Motion Pursuant to Notice from Councillor Smith - Burrows Park Amenities Building

NM32/09    Motion Pursuant to Notice from Councillor Smith - Clovelly Beach Signage

NM33/09    Motion Pursuant to Notice from Councillor Smith - Cook Street Footpath

NM34/09    Motion Pursuant to Notice from Councillor Smith - Cricket Nets in North & East Wards

NM35/09    Motion Pursuant to Notice from Councillor Smith - Footpath Dining and Trading DCP

NM36/09    Motion Pursuant to Notice from Councillor Smith - Media Releases to Councillors

NM37/09    Motion Pursuant to Notice from Councillor Smith - Proposal for King Street Rubbish Bins

NM38/09    Motion Pursant to Notice from Councillor Smith - Surface of Ashby Lane  

 

Confidential

GF23/09    Councils Online (COL) Progress Report

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

 

GF24/09    SSROC Tender for the Supply and Delivery of Copy Paper

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

 

CP33/09    Voluntary Planning Agreements (VPA)

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

 

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

26 May 2009

 

 

 

Director City Planning Report No. CP24/09

 

 

Subject:                  54 Mount Street, Coogee

Folder No:                   DA/783/2008

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Introduction

 

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

 

The application has included an Objection pursuant to State Environmental Planning Policy (SEPP) No. 1 Development Standards with respect to non-compliance with Clauses 31, 32 and 33 of Randwick Local Environmental Plan (RLEP) 1998, relating to Landscaped Area provision, Floor Space Ratio and Building Height respectively.

 

The proposal was referred to the Ordinary Council Meeting on 24 March 2009 for determination as it contains non-compliance with the development standards stated in RLEP 1998 by more than 10%.

 

Council at its meeting resolved that “…this development application be deferred to the next available meeting to allow for mediation between the applicant and objector to explore options for increasing the security of neighbouring buildings as a result of this development and to further consider the FSR and height of the proposed development.” (Matson/Hughes)

 

A mediation meeting was held on 7 May 2009 between the applicant and the owners of Nos. 1/27 and 2/27 Abbott Street.

 

At the mediation, the parties in question have reached an agreement as follows:

 

·      The applicant has agreed to add 300mm deep privacy blade to window W12 to similar detail to privacy screen to window W20.

·      The applicant has agreed to erect 4 wire strands at 200mm centres mounted on top of the wall on western boundary (full length).

·      Please note that the objectors are prepared to withdraw their objections, subject to this agreement. 

 

Issues

 

The design measures agreed upon by the parties at the mediation include the followings:

 

·      The installation of a 300mm wide solid blade screen at the western edge of window W12, which is located on the northern façade on the first floor level. The configuration of the blade screen will be similar to that proposed for window W20 as shown in drawing numbered DA21A.

 

·      The addition of stainless steel wire fencing above the existing masonry wall that runs along the western boundary of the subject site, to provide improved security for the adjoining properties at No. 27 Abbott Street. The addition shall comprise four (4) stainless steel wires equally spaced at 200mm intervals, so that the maximum height of the device will not exceed 800mm above the aforementioned boundary wall.

 

It is considered that the above design measures will enhance the privacy and security of the adjoining dwellings at No. 27 Abbott Street. The owners of Nos. 1/27 and 2/27 Abbott Street have also agreed to withdraw their objections to the proposed development should the above works be implemented as per the mediation agreement.

 

It is therefore recommended that the above measures be incorporated into any consent granted by Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The development application for alterations and additions to an existing residential flat building was deferred by Council at its Ordinary Meeting on 24 March 2009, to allow opportunities for mediation between the applicant and the adjoining property owners on issues mainly relating to privacy and security.

 

A mediation meeting was subsequently held and the adjoining owners have agreed to withdraw their objections if specific design measures are implemented in the development. These measures include extending the existing masonry wall along the western boundary of the subject site with stainless steel wiring and installing privacy blade wall adjacent to a northern window on the first floor level.

 

It is considered that the above design measures will improve the security and privacy of the adjoining properties. It is recommended that these measures be incorporated in any consent granted by Council.

 

 

Recommendation

 

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

 

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

 

REFERENCED PLANS:

 

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

 

Plan Number

Dated

Received

Prepared By

0805 DA19A

28/01/09

30 Jan 2009

Habitat Architects

0805 DA20A

28/01/09

30 Jan 2009

0805 DA21A

28/01/09

30 Jan 2009

0805 DA22A

28/01/09

30 Jan 2009

0805 DA23A

28/01/09

30 Jan 2009

0805 DA24A

28/01/09

30 Jan 2009

0805 DA25A

28/01/09

30 Jan 2009

0805 DA26A

28/01/09

30 Jan 2009

0805 DA27A

28/01/09

30 Jan 2009

080901 L01

27.10.08

30 Oct 2008

Jane Irwin Landscape Architecture

 

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

 

ENVIRONMENTAL AMENTITY:

 

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

 

2.       A 300mm wide solid blade screen/wall shall be installed along the full height of the western edge of window W12, which is similar in configuration to that proposed for window W20. Details demonstrating compliance shall be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

3.       A stainless steel wire fence shall be installed above the existing masonry wall along the western boundary of the subject site, in order to provide improved security for the adjoining properties at No. 27 Abbott Street. The fence shall extend along the full length of the western boundary of the site and comprise four (4) stainless steel wires equally spaced at 200mm intervals, so that its maximum height will not exceed 800mm above the existing boundary wall. Details demonstrating compliance shall be incorporated in the Construction Certificate documentation.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

13.     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.

 

14.     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.

 

15.     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.

 

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

 

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

 

17.     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.

 

18.     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.

 

19.     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)

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

------

------

Development cost more than $200000

$899,464

1.0%

$8,994.64

 

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

 

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

 

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

 

Regulatory

 

22.     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.

 

23.     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.

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

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

 

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

 

27.     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”.

 

28.     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.

 

29.     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.

 

30.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

Structural adequacy

 

33.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing an occupation certificate which certifies that the structural adequacy of the building, including balustrades to balconies, terraces / balconies and stairways.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

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

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

 

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

 

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

 

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

 

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

 

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

 

d)     Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 1996.

 

e)     Asbestos waste must be disposed of at an approved waste disposal depot (refer to the DEC or Waste Service NSW for details of sites). Copies of all receipts detailing method and location of disposal must be maintained on site and be provided to Council officers upon request, as evidence of correct disposal.

 

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

 

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

 

36.     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.

 

37.     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.

 

38.     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).

 

39.     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.

 

40.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

·       Placement of a waste skip, container or other article.

 

Fire safety

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

b)  All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia for a Class 2 building of type A construction.

 

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

 

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

 

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

 

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

 

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

 

45.     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.

 

46.     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:

 

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

 

48.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

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

 

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

 

50.     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.

 

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

 

The following condition is applied to provide adequate provisions for drainage and associated infrastructure:

 

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

 

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

 

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

 

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

 

Tree Management

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

            before 7.00am or after 8.00pm on weekdays.

 

Advisory Conditions

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 May 2009

 

 

 

Director City Planning Report No. CP25/09

 

 

Subject:                  32 Cooper Street, Maroubra

Folder No:                   DA/792/2008

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

Council at its’ Ordinary Meeting held on 24 March 2009 resolved:

 

‘(Andrews/Seng) that this matter be deferred for mediation between the applicant and objectors in relation to issues involving overshadowing and the height of the proposed extension of the rear of the development”.

 

Issues

 

A mediation session was held on 1 April 2009 between the applicant and objectors. At the mediation, agreement was reached to amend the proposed development in relation to the extension of the ground floor, the first floor to be moved forward by 3.5m, roof pitch to be lowered to 22 degrees and a privacy screen to be erected to rear upper level balcony.

 

Amended plans reflecting the agreed changes were submitted to Council on 24 April 2009 and placed on public exhibition. One submission was received from No. 34 Cooper Street raising the following issues:

 

·     The privacy screen to the rear upper level balcony should be increased to 1.8m; and

·     The window to the rear upper level bathroom should be frosted glass.

 

The issues raised above are addressed by suitable conditions in the recommendation.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

Direction 4a:      Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The amended application is consistent with the mediation agreement and is recommended for approval.

 

Recommendation

 

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/792/2008 demolition of existing dwelling, construction of new two storey dwelling, garaging and associated works at 32 Cooper Street, Maroubra, subject to the schedule of conditions outlined in this report:

 

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 DA0102, DA0202, DA0302, DA0402, DA0502, DA0602 dated April 2009, received by Council on 24 April 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.       A privacy screen having a minimum height of 1.8m must be provided to the southern edge of the rear upper level balcony. Details of compliance are to be provided in the construction certificate plans.

 

3.       The southern most windows to the rear upper level ensuite must be frosted/obscured glass. Details of compliance are to be provided in the construction certificate plans.

 

4.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the colour schedule submitted with the application on the 3rd November 2008.

 

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

 

6.       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.

 

7.       Eaves, gutters, hoods and similar structures or attachments are required to be setback from the side boundaries of the allotment a minimum distance of 500mm and details of compliance are to be included in the construction certificate details.

 

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

 

9.       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.

 

10.     To maintain a reasonable degree of privacy to the adjoining properties privacy screens of either obscured glazing or fixed louvers (suitably angled and spaced, to prevent overlooking) must be installed to a height of 1800mm above floor level to both sides of the rear upper level balcony.

 

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

 

11.     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;

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost more than $200,000

$ 363 061

1.0%

$ 3 630.61

 

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.

 

13.     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.

 

14.     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.

 

15.     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)

 

16.     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:

 

17.     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:

 

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

 

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

 

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

 

20.     Prior to the commencement of any building 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.

 

21.     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.

 

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

 

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

 

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

 

The principal contractor 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.

 

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

 

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

 

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

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The 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.

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

 

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

 

26.     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.

 

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

 

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

 

28.     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:

 

29.     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.

 

30.     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.

 

31.     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 (ie 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.

 

32.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations are to be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Retaining walls, shoring, or piling must be designed and installed in accordance with appropriate professional standards and the relevant requirements of the Building Code of Australia and Australian Standards.  Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

33.     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.

 

34.     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).

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

40.     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.

 

41.     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.

 

42.     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 have been applied to ensure that noise emissions from the development satisfy legislative requirements and maintain reasonable levels of amenity to the area:

 

43.     The air conditioning 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:

 

·       before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

·       before 7.00am or after 10.00pm on any other day.

 

44.     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.

45.     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:

 

46.     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

 

47.     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.

 

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

 

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

 

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

 

49.     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.

 

50.     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:

 

51.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at (concrete/paved/tiled level) at the property boundary for the driveway, shall be:

 

·      RL 30.28

 

52.     The design alignment levels (concrete/paved/tiled level) 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.

 

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

 

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

 

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

 

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

 

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

 

56.     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.

 

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

 

b.   To the kerb and gutter along the site frontage in Cooper Street by gravity (without the use of a charged system; OR

 

c.   Through private drainage easements to Council’s kerb and gutter (or underground drainage system); OR

 

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

 

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

 

58.     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.

 

59.     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.

 

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

 

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

 

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

 

62.     Landscaping at the site shall be installed substantially in accordance with the Concept Landscape Plan prepared by Rawson Homes Pty Ltd, job number J/000709, amendment 00, dated October 2008, subject to the following additional requirements being shown on an amended plan which shall be submitted to, and be approved by, the PCA, prior to the issue of a construction certificate, with a copy of the approved plan to be forwarded to Council prior to the commencement of works:

 

a)  Inclusion of the pot size at time of planting for all proposed species, together with their quantities and locations clearly shown;

 

b)  A minimum of 2 x 25 litre/300mm (pot size at the time of planting) trees which will attain a minimum height at maturity of between 4-7 metres shall be selected from the planting schedule, comprising one each in both the front and rear yards.

 

63.     The landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate, and shall be maintained in accordance with those plans.

 

Tree Management

 

64.     Approval is granted for the removal of all existing vegetation within the site where necessary in order to accommodate the proposed works where necessary, as all were observed to be insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO), with this approval subject to full implementation of the approved landscape plan.

 

Tree Protection Measures

 

65.     In order to ensure the retention of the Robinia pseudoacia ‘Frisia’ (Golden Robinia), on Council’s Cooper Street nature strip, to the north of the existing vehicle crossing, close to the northern site boundary 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 retention of this street tree with the position of its trunk and full diameter of its canopy clearly shown on all drawings.

 

b.       Detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application must show that the northern edge of the proposed vehicle crossing will be located a minimum distance of 1.8 metres off its trunk, with any stormwater or similar systems being discharged to the kerb to be located along the southern side of the site in order to minimise damage to the root system of this tree.

 

c.       The tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located along the edge of the neighbouring vehicle crossing to the north (30 Cooper Street), the back of the kerb to its east, as well as a distance of 1.5 metres to the west and south of its trunk in order to completely enclose this tree for the duration of the works.

 

d.       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".

 

e.       The applicant is not authorised to perform any works to this street tree, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar such work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

f.        Within the zone specified in point ‘c’ above, 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.

 

g.       Any roots encountered during excavations for the proposed vehicle crossing or similar shall be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

h.       A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $750.00 (no GST) 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.

 

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 the 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.

 

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      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:-

 

a.     Install or erect any site fencing, hoardings or site structures

b.     Operate a crane or hoist goods or materials over a footpath or road

c.     Placement of a waste skip or any other container or article.

 

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.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 May 2009

 

 

 

Director City Planning Report No. CP26/09

 

 

Subject:                  120 Alison Road, Randwick 

Folder No:                   DA/525/2008

Author:                   David Ongkili, Coordinator Major Assessment     

 

1.      Introduction

 

DA 525/2008 for at 120 Alison Road, Randwick, was considered by the Planning Committee on 2 December 2008. At the meeting, the Committee resolved that:

 

“that the SEPP1 application be rejected and the applicant be requested to submit amended plans that address the FSR issue and provide for the removal of the proposed 4th floor.”

 

2.      Issues

 

2.1    Amended Proposal

 

In response to the resolution, the applicant has amended the proposed development by deleting a part of unit No. 13 at the southern end and fourth floor of the proposed development to facilitate view sharing of Randwick Racecourse with the adjoining property at No. 122 Alison Road.

 

Essentially, the applicant has undertaken further indepth view impact analysis of the original proposal and advised that the findings of this analysis indicates that removal of the entire 4th floor as resolved by the Planning Committee is not justified. The view analysis involved the erection of two pairs of height poles on-site on 19 December 2008 which were linked by red-painted timber beams to provide an outline of the original proposed building. Scaffolding was also erected immediately abutting the western edge of the adjoining neighbour’s roof terrace at No. 122 Alison Road to allow for a view assessment.

 

The applicant engaged a planning consultant, Dr Richard Lamb of Richard Lamb and Associates to assess the impact on views of the original proposed building as well as the amended proposal. The consultant’s view analysis indicates that removal of the entire 4th floor as resolved by the Planning Committee is not warranted for the following reasons:

 

1.       The view analysis confirms that CBD sky-line and parkland views currently available to No. 122 Alison Road to the north-west would not be affected by the original proposal. Removing the 4th floor level would not have any significant beneficial effect on the view of these features. Accordingly, the amended proposal will retain the majority of the 4th floor outline of the original building towards the north-west.

 

2.       The view analysis indicates that the original building outline would have an impact on views of part of the Randwick Racecourse currently available to No. 122 Alison Road towards the south-west, including the views of the ‘back straight’ of the Racecourse. Essentially, the part of the fourth level component that obstructs this view of the Racecourse extends in the south west direction towards Alison Road and contains a wall that is above the wall height control.  Accordingly, the applicant advises that it is appropriate that the amended proposal deletes only this part of the building causing the view loss to the Randwick Racecourse, that is, the part of unit No. 13 at the south-western end on the 4th floor.

 

Figure 1 : Amended building outline indicating preservation of views for 122 Alison Road of the city skyline and Randwick Racecourse

 

Additionally, the applicant has undertaken a comparative analysis of the amended scheme with a fully compliant scheme pursuant to the planning principles on height, bulk and scale established in the case of Veloshin v  Randwick City Council which requires that assessment be made to demonstrate whether the non-compliant bulk and scale impacts of a proposal are consistent with impacts which may be reasonably expected under relevant controls. The comparative analysis indicates that the amended proposal would have the same height, bulk and scale as well as view impacts as a fully complying scheme. It should be noted that the deletion of part of unit No. 13 at the south-western end on the 4th floor will reduce the non-compliant FSR from 0.988:1 (1074 sqm) for the original proposal to 0.96:1 (1046 sqm) under the amended proposal. The comparative analysis indicates that this lower non-complying FSR does not generate any significant effect on views or perceived bulk because the additional floor area will be contained within an amended building that complies fully with the maximum building height standard of the Randwick LEP 1998.

 

2.2    Notification and Consideration of Submissions

 

The amended proposal was notified and advertised from 15 March 2009 to 1 April 2009. One submission was received from the owners of the adjoining property at No. 122 Alison Road (supported by documents prepared by Coffey Geotechnics (geotechnical consultant) and Graham Brooks & associates (heritage consultants)) and the following objections are raised to the amended proposal:

 

·      Previously stated objections to the original proposed development are still relevant to the amended proposal.

 

The objector raised the following points of objection to the original proposal:

 

·      Loss of existing views currently enjoyed by No 122 Alison Road

·      Increased traffic congestion and conflict on Tram Lane will be hazardous

·      Narrow access point will be hazardous

·      Increased traffic and construction traffic will cause road to deteriorate

·      Increase in cars parking in Tram Lane and surrounding streets.

·      Garages rented out for storage result in increased parking on Tram Lane

·      Non-compliance with height, floor space ratio and other regulatory requirements

·      Proposed FSR exceeds maximum FSR standard.

·      Proposed building not compatible with existing character of neighbourhood

·      Proposed building is too large and imposing for subject land

·      Result in a construction of intrusive and excessive scale and bulk

·      Impact on visual amenity / ugly building in the gateway to the City of Randwick.

·      Statement of Environmental Effects contains misstatements and fails to address matters crucial for approval of the DAs

·      Wrong assertion (in SEE) that locality is dominated by four to five storey flat buildings.

·      Loss of sunlight to adjoining properties including No 122 Alison Road

·      Loss of privacy to adjacent residential buildings including No 122 Alison Road

·      Increased neighbourhood noise and population density

·      Loss of existing views currently enjoyed by No 122 Alison Road

·      Proposal is insensitive to the historical significance and heritage nature of No. 122 Alison Road.

·      Potential adverse impact on heritage significance of No. 122 Alison Road

·      Not compatible with heritage listed properties in the locality.

·      Noise, dirt and other nuisance during excavation and construction

·      Waste bins obstruct Tram Lane on collection day

·      Damage to adjoining property at 122 Alison Road due to excavation, earthworks and other sources of vibration and noise

·      Structural damage to adjoining properties due to demolition, excavation and construction work as well as long term nature of the proposed buildings.

·      Need for scaffolding access to the west-facing wall of the heritage item at No. 122 Alison Road.

 

Comment: All the above-listed points of objections have been comprehensively and adequately addressed in the assessment report to the Planning Committee meeting of 2 December 2008. The response to these points of objection remain relevant and applicable to the amended proposal given that the amended proposal, essentially, is the same as the original proposal but with the additional benefit of a deletion of a part of unit No. 13 at the south-western end on the fourth floor to facilitate view sharing of Randwick Racecourse with the adjoining property at No. 122 Alison Road. Notwithstanding this, the following additional responses to the objections of No 122 Alison Road are made in relation to the amended proposal:

 

·      Loss of existing views currently enjoyed by No 122 Alison Road

 

Comment: The deletion of the part of unit No. 13 at the south-western end on the fourth floor has been undertaken to preserve views of Randwick Racecourse for No 122 Alison Road. The amended proposal therefore further promotes the planning principle on view sharing established in Tenacity v Warringah Council, a principle which has also been adequately met in the original proposal. As such, the grounds for objecting to the amended proposal in relation to view loss are unreasonable and unsupportable.

 

·      Potential adverse impact on heritage significance of No. 122 Alison Road

 

Comment: Council’s Heritage Planner has viewed the amended proposal and advises that her original comments to the original proposal remain valid and relevant to the amended proposal. The Heritage Planner also acknowledges that the deletion of the relevant portion of the 4th storey in the amended proposal represents an improvement in the bulk and scale of the proposed development by virtue of its reduction especially when viewed from the heritage item and in the streetscape. Accordingly, the Heritage Planners original comments are reiterated in relation to the amended proposal which state clearly that “the proposed development will not adversely impact on the setting and curtilage of “Carlton”, or views to and from it.  The design of the development, including siting, and articulation of the amended building envelope will further minimise visual dominance and adverse impact on the adjacent heritage item especially considering that the overall proposal has already increased the front setback of the wing closest to the Heritage Item at No. 122 Alison Road to respect the heritage significance of this Heritage Item.

 

·      Archaeological management procedures need to be met in relation to the earlier 1890s house on-site known as “Wanganella”

 

Comment: Council’s Heritage Planner in her original comments noted that, “prior to the 1958 construction of the existing dwelling, the subject site was occupied by “Wanganella” constructed around 1894 and demolished by 1942.  In relation to archaeology, the Heritage Impact Statement notes that there may be some evidence of the original house on the site, but there is nothing to suggest that this house was important, and considers that the development is not sited on any known, or potentially significant archaeological deposits.  The siting of “Wanganella” is known from the 1890s Water Board diagrams, although it is not clear whether any evidence of the original dwelling may remain.  Consent condition should be included advising of procedures should historical archaeological remains or deposits be exposed”. A condition to manage any archaeological remains will be applied to any consent for the proposed development.   

 

·      Potential adverse impact on the stability of No. 122 Alison Road

·      Damage to adjoining property at 122 Alison Road due to excavation, earthworks and other sources of vibration and noise

·      Structural damage to adjoining properties due to demolition, excavation and construction work as well as long term nature of the proposed buildings.

 

Comment: Council has a set of standard conditions (to ensure the structural adequacy and integrity of the proposed building and adjacent premises) applicable to developments such as that being proposed on the subject site, that is, developments typically involving excavation and construction of basement carpark. Council, on numerous occasions and where appropriate, has applied these standard conditions in the determination of similar developments in the past. Specifically, these standard conditions require, among other things, that:

 

·      Documentary evidence be prepared by a suitably qualified professional geotechnical engineer and 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.

 

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

 

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

 

Accordingly, it is considered that the application of these standard conditions on any consent that may be granted for the subject DA will be adequate and reasonable to ensure structural adequacy and integrity of the proposed building and adjacent premises.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4: Excellence in urban design and development  – The proposal has a good architectural quality in that maximises the potential of the subject site in the context of the existing surrounding development whilst minimising impacts on adjoining and nearby residential properties.

Direction 4a & associated key action: Improved design and sustainability across all development –The proposal will achieve a good design in conjunction with a significant sustainable outcome for the proposed development.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

3.      Conclusion

 

The amended proposal essentially is similar to the original proposal except for the  deletion of a part of unit No. 13 at the southern end and fourth floor of the proposed development to facilitate view sharing of Randwick Racecourse with the adjoining property at No. 122 Alison Road. Specifically, the height of the amended building remains unchanged except in the part of the fourth floor that is proposed to be deleted which will now become three storeys in height. In addition, there will be no increase in the number of dwelling units and internal layouts to all units remain the same except for the top floor units No. 13 and 14 which have been adjusted to accommodate the reduction in floor area.

 

The amended proposal represents an improvement over the original proposal primarily in terms of the following:

 

·      The amended proposal deletes a portion of the 4th storey containing the part of unit No. 13 at the south-western end which also reduces the gross floor area of the original proposal by approximately 30sqm. Consequently, the visual bulk and scale of the overall building has also reduced. 

 

·      The amended proposal goes further in promoting view sharing to the Randwick Racecourse with No 12 Alison Road by deleting a portion of the 4th floor, bearing in mind that the loss of views under the original proposal was assessed as acceptable in terms of the planning principles established in the case of Tenacity Consulting v Warringah Council.

 

·      The amended proposal has been tested in terms of the planning principle for height bulk and scale established in Veloshin v Randwick City Council which indicates that the amended proposal would have the same visual height, bulk and scale as well as view impacts as a fully complying scheme.

 

In view of the above, it is recommended that DA No. 525/2008, as amended by the applicant on 2 March 2009, be approved.

 

 

 

 

Recommendation

 

A.       That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 32(1) and 33(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio and maximum wall height on the grounds that the proposed development is consistent with the relevant objectives of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

and

 

B.       That Council as the responsible authority grant its development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No DA/525/2008 for the demolition of an existing dwelling house and construction of a four storey residential flat building containing 14 dwelling units, associated landscaping with basement car parking for 20 vehicles at 120 Alison Road, Randwick,  subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA100, DA101, DA102, DA103, DA104, DA105, DA300, DA301, DA400, all Revision 02, and stamped received by Council on 2 March 2009, and 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.       Details of the installation of a 1.8m high privacy screen along the eastern edge of each of the south-facing terraces/balconies linked to the living room of proposed Units 1, 5 and 9 shall be submitted to and approved by Council’s Director City Planning  prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

3.       Details of the installation of a 1.8m high privacy screen along the eastern edge of each of the terraces/balconies linked to the bedroom of proposed Units 1, 5 and 9 shall be submitted to and approved by Council’s Director City Planning  prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       Details of the landscaping treatment along the 3.5m eastern side setback adjoining the property at No. 122 Alison Road which shall include provision for the practical ability to erect a scaffolding for the purposes of painting, weatherproofing and general maintenance of the west-facing wall of the heritage item at No. 122 Alison Road shall be submitted to and approved by Council’s Director City Planning  prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

5.       Details of installation of light well into stair; increased airflow to allow bathrooms to naturally ventilate into the shared corridor; relocation of the mechanical duct behind the stairs; provision of fans in bedrooms, insect screens and louvre type windows to balconies that can be opened securely during the night assist in reducing a reliance on air-conditioning; a more open, light filled set of landing lobbies to allow better cross ventilation in the apartments; and insulation of the roof to Unit No. 9 with polystyrene and pebble ballast shall be submitted to and approved by Council’s Director City Planning Council prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development

 

6.       Details of bicycle storage as required in the Development Control Plan – Parking shall be submitted to and approved by Council’s Director City Planning Council prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

8.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent. 

 

9.       Lighting to the premises shall be designed in accordance with AS4282 – 1997 Control of the Obtrusive Effects of  Outdoor Lighting" so as not to cause a nuisance to nearby residents or motorists and to ensure that light overspill does not affect the amenity of the area.

 

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

 

11.     Public access to the visitor’s carparking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the carpark, together with appropriate signage providing instructions for use.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to ensure the protection of heritage and archaeological significance of the site:

 

15.     The landscape plan for the proposed development is to be amended in order to allow sufficient space for the periodic erection of scaffolding on the subject site to facilitate the maintenance (including painting) of the western wall of the adjacent heritage item. 

 

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

 

17.     Further detail is to be provided on proposed modifications to the sandstone retaining wall to the front boundary, and original sandstone gatepost bases in order to provide the pedestrian entry to the site from Alison Road.  Details shall be submitted to and approved by Council’s Director City Planning  prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

18.     Necessary repairs to the western end of the sandstone retaining wall to the front boundary are to be carried out conjunction with the proposed development.  A suitably qualified and experienced stonemason shall be engaged to carry out these conservation works. 

 

19.     In the unlikely event that historical archaeological remains or deposits are exposed during the works, all work should cease while an evaluation of their potent extent and significance is undertaken and the NSW Heritage Office notified under the requirements of the Heritage Act.

 

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

 

20.     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

$100,001 - $200,000

Not applicable.

0.5%

Not applicable.

Development Cost

More than $200,000

$2,536,100

1.0%

$25,361.00

 

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 have been applied to maintain reasonable levels of amenity to the area:

 

21.     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 (excluding plant and equipment during the construction phase) 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.

 

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

 

23.     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:

 

24.     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.

 

25.     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.

 

26.     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.

 

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

 

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

 

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

 

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

 

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

 

28.     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.

 

29.     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”.

 

30.     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.

 

31.     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.

 

32.     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

 

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.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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 conditions have been applied to ensure the structural adequacy and integrity of the proposed building and adjacent premises:

 

37.     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.

 

38.     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.

 

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

 

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

 

40.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings, including ancillary structures (i.e. including dwellings, residential flat buildings, commercial/industrial building, garages, carports, verandah’s, fences, retaining walls, swimming pools and driveways etc.) located upon       all of the premises adjoining the subject site.

 

The report is to be supported with photographic evidence of the status and condition of the buildings and a copy of the report must also be forwarded to the Council and to the owners of each of the abovementioned premises, prior to the commencement of any works.

 

41.     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.

 

42.     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:

 

43.     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.

 

44.     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).

 

45.     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.

 

46.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

e)     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.

 

f)      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.

 

g)     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.

 

h)     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

52.     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.

 

53.     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.

 

54.     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.

 

55.     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.

 

56.     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 conditions are applied to provide adequate provisions for infrastructure and services:

 

57.     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 days 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.

 

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

 

58.     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.

 

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

 

59.     The applicant shall install a traffic control system to be used for vehicles entering/exiting the carpark via the proposed ramp. The design/operation details for the traffic control system including full design and location details shall be submitted to and approved by Council’s Director City Planning  prior to a Construction Certificate being issued for the development in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

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

 

a)     Construct a heavy duty concrete vehicular crossing opposite the vehicular entrance to the site in Tram Lane.

 

61.     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.

 

62.     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.

 

63.     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 to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

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

 

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

 

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

 

66.     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:

 

Alison Rd Frontage - match the back of the existing footpath along the full site frontage.

 

Tram Lane frontage -  match into the existing asphalt roadway in Tramway Lane along the full site frontage.

 

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

 

68.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1244.00 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.

 

69.     The top of footings of any structures constructed on the boundary alignment must be at least 150mm below the alignment level as specified for the vehicular access.  This condition has been attached to accommodate future footpath construction at this location.

 

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

 

70.     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.

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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:

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

76.     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.

 

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

 

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

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

 

78.     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 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by Council.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

79.     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.

 

80.     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.

 

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

 

82.     Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property / areas accessible by residents of all units.

 

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

 

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

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

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

 

Notes:

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

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

 

84.     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.

 

85.     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).

 

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

 

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

 

88.     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.

 

89.     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.

 

90.     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.  If new linen plans are being prepared for the site, the plans shall indicate the location and dimensions of the detention/infiltration areas. 

c.  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.

 

91.     One covered car washing bay shall be provided for this development.

 

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/s (or equivalent)

 

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

 

92.     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).

 

93.     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.

 

94.     As the above site may encounter groundwater/seepage water within the depth of the basement excavation, the basement carpark or similar structures are to be suitably tanked and waterproofed. A Structural Engineer\Geotechnical Engineer shall certify the tanking & waterproofing has been carried out to an acceptable standard, to the satisfaction of the certifying authority. A copy of the certification is to be forwarded to Council.

 

Notes:-

 

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

 

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

 

95.     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:

 

96.     The garbage room areas will have to be designed so as to be able to contain a total of 14 x 240 litre bins (7 garbage bins & 7 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.

 

97.     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.

 

98.     The waste storage areas shall be clearly signposted.

 

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

 

99.     Landscaping at the site shall be installed in accordance with the Landscape Planting Plan by Michael Siu Landscape Architects Pty Ltd, drawing L01/1-R13524, dated July 08, subject to the following additional requirements being included on an amended plan which shall be submitted to, and be approved by, the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council prior to the commencement of works):

 

a.     Confirmation that the existing, heritage significant sandstone retaining wall/front boundary fence will be retained in-situ (and repaired where necessary), and must be effectively incorporated into the overall landscape design;

 

b.     Sections and elevations of this front wall, together with its relationship to the streetscape, any proposed planting (to be shown at mature size), as well as any other structures and the proposed building;

 

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

 

d.     In order to ensure satisfactory maintenance of the landscaping, 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.

 

e.     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.

 

100.    Landscaping shall be installed in accordance with the approved documentation prior to the issue of a final occupation certificate, and shall be maintained in accordance with those plans, with certification from a qualified Landscape Architect (member of AILA) or Landscape Designer/Manager (member of AILDM), to be submitted to the PCA (and Council, if not the PCA), which confirms that the landscaping has been completed in accordance with the approved plans and relevant conditions of development consent.

 

101.    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

 

102.    Approval is granted for the removal of all existing vegetation within the subject site in order to accommodate the proposed works as shown, as all were observed to be either insignificant or exempt from the provisions of Council’s Tree Preservation Order (TPO), but is subject to full implementation of the approved landscape plan.

 

103.    Permission is granted for the selective pruning of those lower growing, 2nd and 3rd order branches from the eastern aspect of the Cinnamomum camphora (Camphor Laurel), which is located in the front yard of the adjoining property to the west, 118 Alison Road, close to the common boundary, which need to be pruned in order to avoid damage during the course of construction, or to maintain a clearance off the southwest corner of the proposed building upon completion.

 

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

 

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

 

Tree Protection Measures

 

106.    In order to ensure preservation of the row of four Platanus x hybrida (London Plane Trees), within Council’s Alison Road footpath, spaced evenly across the width 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 their retention, with the position of their trunks and full diameter of their canopies clearly shown on all drawings.

 

b.  In order to prevent harmful excavations to their root-zones, all documentation must show that any pipes used to formally discharge site stormwater to the kerb will be located to the west of the most western street tree, as close as practically possible to the western site boundary.

 

c.  Each 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 their south, as well as a minimum distance of 1.5 metres to their west, east and north (measured off the outside edge of their trunks at ground level) in order to completely enclose each tree for the duration of the works.

 

d.  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".

 

e.  The applicant is not authorised to perform any works to any of these four street trees, and shall contact Council’s Landscape Development Officer on 9399-0613 should pruning or any similar work appear necessary, with the applicant required to cover all associated costs with such work, to Council’s satisfaction, prior to the issue of a final occupation certificate.

 

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 on either of Council’s footpath or nature strip.

 

g.  A refundable deposit in the form of cash, cheque or bank guarantee (with no expiry date) for an amount of $20,000.00 shall 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 street trees.

 

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 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.

 

107.    In order to also ensure retention of a total of five Howea fosteriana (Kentia Palms), located within the adjoining heritage listed property to the east, 122 Alison Road, being two adjacent the northeast corner of the subject site, and a row of three adjacent the southeast corner, as well as one Cinnamomum camphora (Camphor Laurel) adjacent the southwest corner, within 118 Alison Road, all of which are close to common boundaries, 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 their retention with the position of their trunks and full diameter of their canopies/crowns clearly shown on all drawings.

 

b.   Any roots encountered during excavations for footings, structures, retaining walls, basement carparks, services, pipes, detention tanks, stormwater infiltration systems, paving etc shall be cut cleanly by hand, and the affected area backfilled as soon as practically possible. In order to prevent the entry of harmful plant pathogens, roots are not to be left exposed to the atmosphere for prolonged periods of time.

 

c.   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 extent of any of their driplines.

 

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)     Part C3.11       -  Bounding construction: Class 2,3 & 4 buildings

e)     Clause D1.3     -  When fire-isolated exits are required

f)     Clause D1.4      - Exit travel distances, particularly from basement                                 car park

g)     Clause D1.7     -  Travel via fire isolated exits

h)     Part D2           -  Construction of exits

i)      Clause D2.4     -  Separation of rising and descending stair flights

j)      Part E1           -  Fire fighting equipment

k)     Part E2           -  Smoke Hazard Management

l)      Part E3           -  Lift Installations

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

n)     Part F1           -  Damp and weatherproofing

o)     Part F2.1         -  Sanitary and other facilities (employee’s WC req’d)                             

p)     Part F4           -  Light and ventilation, particularly to car park

q)     Part F5           -  Sound Transmission and Insulation

r)     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.

 

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

26 May 2009

 

 

 

Director City Planning Report No. CP27/09

 

 

Subject:                  212 Arden Street, Coogee

Folder No:                   DA/846/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Bi-fold windows in the Sports Bar of the Coogee Bay Hotel opening onto the footpath of Coogee Bay Road

 

Ward:                      East Ward

 

Applicant:                Simmatown Pty Ltd

 

Owner:                         Simmatown Pty Ltd

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.Executive Summary

 

This development application was deferred by Council at their ordinary meeting 24 March 2009 to allow the applicant to prepare a management plan addressing the recommended reasons for refusal.

 

The application proposes bi-fold windows and a ‘dry-bar’ in the Sports Bar of the Coogee Bay Hotel opening onto the footpath of Coogee Bay Road.

 

Council previously refused consent to a similar proposal. The refusal was upheld by Commissioner Hoffman on a Class 1 appeal.

 

The proposed management plan set-outs procedures for hotel staff to monitor and respond to an anti-social incident. However, it does not propose any significant measure to prevent anti-social behaviour affecting someone in the street.

 

The application is therefore recommended for refusal.

 

2.    Background

 

At its Ordinary Meeting 24 March 2009 Council resolved:

 

“…that this application be deferred to the next ordinary Council meeting to allow the applicant to submit a Safety Management Plan and other supporting documentation in support of the development application.”

 

3.    Assessment

 

The applicant’s submission

 

The Hotel has now submitted a management plan and supporting case. These are attached to this report. Essentially, the Hotel offers:

 

·      the windows would be closed at 8 pm or whenever there are more than 75 patrons in the Sports Bar

·      the duty manager and hotel staff would monitor patron behaviour (physically and by way of CCTV) and would ask an unruly patron to leave after a second anti-social incident

·      the duty manager and hotel staff would approach a patron stalling on the footpath and encourage them to move on

·      signage at the bi-fold windows declaring that anti-social behaviour would not be tolerated by hotel management

·      a complaints hotline and reporting procedure

 

The Hotel also compares the proposal with hotels in Oxford St, Paddington and Darlinghurst that have operable street windows apparently without complaint from the community.

 

Assessment of the applicant’s submission

 

The Hotel’s submission does not adequately deal with the likely impact of the proposed development:

 

·      the opening regime of the bi-fold windows already formed part of the proposal. The likelihood of anti-social behaviour spilling into the street while the windows are open was a reason for recommending refusal.

·      monitoring of behaviour does not, of itself, prevent the occurrence of anti-social behaviour. Indeed, the hotel staff would allow 2 anti-social incidents from an individual to affect someone on the footpath before asking the offender to leave the hotel.

·      signage and a complaints hotline, while important to an overall strategy, are likewise ineffective to prevent anti-social behaviour affecting people in the street, especially with increasing alcohol consumption.

 

The applicant’s case is generally an extension of the Hotel’s present-day security strategy. It relies heavily on what action hotel staff will take on anti-social behaviour after it occurs. There are no specific preventative measures other than signage, which is practically ineffective on the inebriated.

 

Moreover, the Hotel’s comparison between Coogee Bay Road and Oxford St is not useful because like Coogee, Oxford St is notorious for alcohol related anti-social behaviour. Both locations feature prominently on the State Government’s map of hot-spots for alcohol related violence.[1]

 

Approval of the application would be to say that some level of intimidating or offensive behaviour affecting someone in the street is acceptable, provided there is some kind of reaction from hotel staff if the offender is caught. The Assessing Officer does not take this view when reflecting on the Court’s reasoning to refuse a similar proposal:

 

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

 

The applicant and its experts have only put to me that it will not get any worse, given the Management Plan.[2]

 

It is clear that Commissioner Hoffman took the view that any level of improper behaviour connected with the bi-fold windows would be unacceptable. Consequently, the Hotel would need to propose a high-level of specific measures to anticipate and prevent the occurrence of improper behaviour affecting people in the street. These preventative measures are not evident in the proposed management plan.

 

Consultation

 

The proposed management plan was not publicly exhibited because the Assessing Officer had formed the view that it was inadequate. The Coogee Precinct Committee was invited to make a comment on the management plan:

 

Coogee Precinct Committee

 

Having read this plan, the Coogee Precinct remains opposed to the openable

bi fold windows.

 

Our original objections relate primarily to the impact on passers-by of the windows being open. These concerns include abusive and sexist comments from those sitting at the bar along the window - currently passers by are protected by the glass window. They include the behaviour of those standing outside smoking whilst watching sports events on the large screen inside or talking with their mates drinking at the window bar inside - currently people stand outside the entrance to the Sports Bar and smoke but only do so for short periods as they do not want to miss whatever  event is on the big screen or they wish to rejoin their mates and the result is a volatile mix of drunken people smoking outside the windows and passers by. Related to this is congestion on the footpath impeding pedestrians with their heavy shopping bags or with prams etc - and the impact on the elderly and the disabled.

 

The Plan of Management does not address these concerns. Clause 4.6 says the Manager on Duty will monitor patron behaviour in the Sports Bar should it impact on the general public on the footpath. How would this be achieved? The Manager would not be on the footpath at all times the windows are open and hence would not know whether passers by were being affected and may not recognise sexist and/or disrespectful comments as having an impact.

 

Clause 5.2 says that patrons must not be permitted to reach a state of intoxication on the premises. However, how can the hotel guarantee this when it has a record of alcohol related assaults and reports from local police to the Precinct Committee include recent incidents of drunken behaviour by patrons leaving the hotel? Liquor offences have increased three fold in the Randwick LGA in the past 10 years and recent data shows most of these incidents are for the Coogee postcode.

 

Clause 10 says the hotel will approach patrons smoking on the footpath and encourage them to use other alternatives. The hotel does not do that now so why would it be the case when the windows are open? If the hotel was serious about this intention there would need to be outside the windows all the time they are open. Furthermore the hotel cannot force people not to smoke as it is outside the premises.

 

The attached photographs of bars that have openable windows cannot be compared with the Sports Bar in size, clientele or activities. Neither can Oxford Street be compared with Coogee Bay Road. Recent media coverage and letters to various newspapers make it clear just how bad the situation has become along Oxford Street. As bad as things can be in this part of Coogee, we would not want the situation to deteriorate to that being experienced along Oxford Street.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:               Excellence in urban design and development.

Direction 4a:             Improved design and sustainability across all development.

Key Action:               Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 


Conclusion

 

This development application was deferred by Council at their ordinary meeting 24 March 2009 to allow the applicant to prepare a management plan addressing the Assessing Officer’s recommended reasons for refusal.

 

The application proposes bi-fold windows and a ‘dry-bar’ in the Sports Bar of the Coogee Bay Hotel opening onto the footpath of Coogee Bay Road.

 

Council previously refused consent to a similar proposal. The refusal was upheld by Commissioner Hoffman on a Class 1 appeal.

 

The proposed management plan set-outs procedures for hotel staff to monitor and respond to an anti-social incident. However, it does not propose any significant measure to prevent anti-social behaviour affecting someone in the street.

 

The application is therefore recommended for refusal.

 

 

Recommendation

 

That Council as the responsible authority refuse its consent under Section 80A of the Environmental Planning and Assessment Act 1979 to Development Application No 846/2008 for permission to replace existing fixed windows on Coogee Bay Road frontage of the Coogee Bay Hotel with new bi-fold windows at 212 Arden Street, Coogee, for the following reasons:

 

1.  this proposal is not in the public interest in that it:

 

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

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

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

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

 

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

 

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

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

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

 

 

Attachment/s:

 

1.View

Proposed Bi-Fold Windows to Sports Bar Management Plan

 

 

 

 


Proposed Bi-Fold Windows to Sports Bar Management Plan

Attachment 1

 

 



























 


Ordinary Council

26 May 2009

 

 

 

Director City Planning Report No. CP28/09

 

 

Subject:                  155 - 157 Arden Street, Coogee

Folder No:                   DA/58/2008

Author:                   Gerard Turrisi, GAT & Associates Pty Ltd     

 

Proposal:                     Section 82A Review of Council's determination refusing consent for demolition of existing structures on site and construction of a 3 storey multi-unit housing development comprising 8X3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to adjoining property to south, landscaping, fencing and associated stormwater drainage works (SEPP 1 objection to floor space ratio control)

Ward:                      East Ward

Applicant:                Fernside Developments Pty ltd

Owner:                         PNPL Properties Pty Ltd & Sydney Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.Executive Summary

 

This Section 82A Review application is referred to the Ordinary Council Meeting for determination.

 

The original Development Application No. 58/2008 was referred to the Ordinary Council Meeting held on 22 July 2008, where Council resolved to refuse the application for the following reasons:

 

1.       The proposed development is not consistent with Clause 2 (e) & (g) of the Aims of the Randwick Local Environmental Plan 1998, as the proposed development will not promote, protect and enhance the aesthetic character of the City.

 

2.       The proposed development is not consistent with Clause 12(1)(c) of the Objective of Zone No. 2C Residential under Randwick Local Environmental Plan 1998, as the proposed development will compromise the amenity of surrounding residential areas.

 

3.       The proposed development does not comply with the provisions under Clause 29 (Foreshore Scenic Protection Area) of the Randwick Local Environmental Plan 1998 in that the proposed built form will adversely affect the scenic qualities of the foreshore area.

 

4.       The proposed development does not comply with the maximum floor space ratio standard under Clause 32(1) of the Randwick Local Environmental Plan 1998 and will adversely affect the amenity of the adjoining and nearby residential properties in terms of visual bulk and scale, overshadowing, loss of privacy and views. The State Environmental Planning Policy No. 1 (SEPP 1) objection in relation to the proposed development’s departure from Clause 32(1) of the Randwick Local Environmental Plan 1998 is therefore not well-founded.

 

5.       The proposal will impact on the heritage significance of the existing sandstone retaining walls on Arden Street and adversely affect the aesthetic value of the streetscape.

 

6.       The proposed development fails to achieve the design quality principles outlined in State Environmental Planning Policy No. 65 in terms of context, scale, built form, density, energy efficiency, landscaping, amenity, safety & security, aesthetics and social issues.

 

7.       The proposed development is inconsistent with the relevant Objectives, Performance Requirements and Preferred Solutions of the following parts of the Development Control Plan for Multi Unit Housing:

 

Part 3.3 Building Setbacks

Part 3.4 Density

Part 4.2 Privacy

Part 4.3 View Sharing

Part 4.4 Solar Access and Energy Efficiency

Part 6.2 Foreshore Scenic Protection Area

 

8.       The proposal will not provide for safe vehicular and pedestrian access to Arden Street.

 

9.       The proposed development is not in the public interest having regard to the submissions received.

 

The development proposed under this S82A Review application does not alter the original proposal under DA/58/2008. The subject application is for demolition of the existing structures on site and construction of a 3-storey multi-unit housing development comprising 8 x 3-bedroom apartments, car parking for 19 vehicles, landscape works, modification and reconstruction of the sandstone retaining walls along the carriageway of Arden Street, and creation of an easement (right-of-way) to allow vehicular access to the adjoining site at No. 159 Arden Street.

 

The subject site is located on the eastern side of Arden Street, between Arcadia and Bream Streets. The site has a frontage width of 20.12m2 and a total land area of 991.6m2. The site is elevated above the carriageway of Arden Street, and supported by a sandstone block retaining wall of approximately 2.5m in height, as measured between the lower level roadway and the footpath, which the latter is at the same level as the site. The surrounding developments include a mixture of residential flat buildings and detached and semi-detached dwelling houses.

 

The S82A Review application was advertised and notified to the adjoining and nearby properties from 18 March to 1 April 2009 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. A total of 17 submissions have been received. The issues raised are in relation to development density, streetscape and impact on the sandstone wall along Arden Street, building height, bulk and scale, view loss, solar access, visual and acoustic privacy, traffic congestion, construction related disturbances and reduction in property values. It is noted that these issues were also raised in the submissions received during notification of the original DA/58/2008.

 

The site is identified as being within Zone No. 2C (Residential C Zone) under Randwick Local Environmental Plan (RLEP) 1998. The proposal is permissible in the zone with Council consent.

 

The proposal has a floor space ratio (FSR) of 1.03:1, which equates to 1026m2 of gross floor area. The proposed FSR does not comply with the maximum permissible FSR of 0.9:1 stipulated in RLEP 1998. The FSR control is a numerical development standard contained in the LEP. The applicant has submitted an objection under State Environmental Planning Policy (SEPP) No. 1 – Development Standards justifying that the breach will not result in significant adverse amenity or visual impacts on the area. The objection has been assessed and is supported.

 

The accuracy of the height of the building has been questioned in the submissions, particularly in relation to the impact on views available from the adjoining northern properties. The building complies with the maximum height controls along the northern elevation. As part of the previous application (DA/58/2008), the applicant submitted photomontages to show the view loss which will result from the proposal. To ensure that the height proposed and the photomontages are an accurate reflection of the proposal, the applicant was asked to submit, and has done, confirmation from the registered surveyor to certify that the maximum levels are correct. In addition, the architect has confirmed in writing that the images reflected on the photomontages are correct. If approved, the applicant is required to construct the development in accordance with the approved plans.

 

Further to the above, the potential view loss impacts on the adjoining properties to the north along Arcadia Street have again been fully assessed. When considered against the Planning Principle for view sharing as established by the Land & Environment Court, it is considered that the proposal is consistent with this Planning Principle. Any compliant development on this site will reduce to some extent the views currently available from the adjoining northern properties. It is not considered that reducing the height of the building will significantly improve the views available from the neighbours adjoining to the north when assessed against the Planning Principle.

 

The Randwick Multi-Unit Housing Development Control Plan (DCP) specifies detailed built form, setbacks, landscaping, privacy, view sharing and solar access controls for residential flat buildings across Randwick City. The proposal is non-compliant with side and rear setbacks, however a variation to these setbacks has already been established under the previous approval for the site (DA/611/2006). In addition, solar access to the southern adjoining property is also an issue, however once again the extent of overshadowing to this neighbour has been established by the approval issued under DA/611/2006.

 

Major concern has been raised by the local residents in relation to the proposal’s potential impacts on the sandstone retaining walls along the eastern and western sides of Arden Street. Two (2) heritage reports, prepared by MUSEscape Pty Ltd and Godden Mackay Logan, have been previously prepared to assess the heritage significance of the wall. Both reports recommended that the wall be listed as a heritage item. This view is also supported by Council’s Heritage Planner. Despite the recommendations of these reports, Council at its Ordinary Meeting held on 27 February 2007 resolved not to list the above retaining walls as a heritage item.

 

While the heritage reports and Council’s Heritage Planner found the wall to be of significant importance to the Arden Street streetscape and to the general townscape of Coogee, the fact is that the wall is currently not listed as an item, and Council has previously approved an opening in the wall under DA/611/2006 (which will be discussed further in this report).

 

Should Council refuse this current application, the applicant has the option of appealing in the Land & Environment Court. Should the Court also refuse the current proposal, the applicant does have the option of taking up the existing approval to develop the site, under DA/611/2006. This approval is operational and the applicant has until 3 May 2012 to commence the works approved, which includes an opening to the formed in the sandstone wall.

 

The current application has altered both the vehicular and pedestrian access arrangements to the site from the approved works under DA/611/2006, in order to minimise disruption to the appearance and configuration of the sandstone retaining walls. The development also proposes the reuse of the existing sandstone blocks as a mitigation measure to ameliorate the impacts of the works.

 

With this in mind, it is recommended that the works proposed to the sandstone wall be supported. By approving this current proposal, it is envisaged that the impact on the wall will be reduced from those works already approved.

 

In order to achieve the best urban design outcome for the retaining wall reconstruction, a deferred commencement condition is recommended to require the submission of detailed drawings showing two design options for the reconstruction / modification of those sections of the sandstone retaining walls situated to the north of the proposed vehicular entry portal for Council’s consideration, prior to the granting of an operational consent. The design options are:

(i)       reconstruction of the walls in a splayed angled alignment as proposed in the current application; and

(ii)      re-alignment of the walls in a parallel manner to the carriageway of Arden Street.

 

In summary, the proposed development is recommended for approval subject to conditions.

 

2.    The Proposal

 

The development proposed under this Section 82A Review submission has not differed from the development proposed under DA/58/2008, which was for:

 

·      Demolition of all existing structures on site.

·      Construction of a 3-storey multi-unit housing development comprising 8 x 3-bedroom dwellings, car parking for 19 vehicles, site landscaping, fencing and stormwater infrastructure. The following will be provided:

 

Basement level:

-   Car parking for 19 vehicles, including 2 visitor spaces;

-   Services room; and

-   Stairs to upper levels.

 

Ground level:

-   Unit 1: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and private courtyard.

-   Unit 2: Unit 1: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and balcony.

-   Garbage and storage room;

-   Bicycle storage;

-   Lift and stairs to basement and upper levels;

-   Communal landscaped courtyard; and

-   Driveway entrance from Arden Street.

 

First Floor Level:

-   Unit 3: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and balcony;

-   Unit 4: Bedroom 2 with ensuite and built-in-robe; bedroom 3 with built-in-robe; open-plan living, dining, kitchen and study/media area; bathroom; laundry; stairs to Master bedroom located on the second floor level; and balcony;

-   Unit 5: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and balcony;

-                           Pedestrian entry from Arden Street via a suspended walkway;

-                           Stairs and lift to upper and lower levels; and

-                           Landscaping at the front of the site.

 

Second Floor Level:

-   The upper level of unit 5 accommodating the Master bedroom, walk-in-robe, ensuite and balcony;

-   Unit 6: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and balcony;

-   Unit 7: Master bedroom with walk-in-robe and ensuite; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and roof terrace with planter boxes; and

-   Stairs and lift to upper and lower levels.

 

 

 

 

Third Floor Level:

-   Unit 8: Master bedroom with built-in-robe, ensuite and balcony; bedrooms 2 & 3 with built-in-robes; open-plan living, dining and kitchen area; bathroom; laundry; and roof terrace; and

-   Enclosure for air conditioner units, and stairs and lift to lower levels.

 

·      Creation of a Right-of-Way from the southern side of the basement to the adjoining southern property at No. 159 Arden Street, to enable the adjoining property to gain vehicular access from Arden Street through the subject site. No. 159 Arden Street currently does not have vehicular access to the site.

 

The proposal also includes the following civil works within the public domain:

 

·      Removal of a section of the existing sandstone retaining wall on the eastern side of Arden Street to provide vehicular access to the basement car park.

 

·      Realignment of a considerable section of the sandstone retaining wall along the eastern edge of Arden Street to allow suitable sightlines for vehicles entering and exiting from the car park.

 

The estimated total development cost as detailed in the original proposal under DA/58/2008 is $2,670,678.

 

3.    The Subject Site and Surrounding Area

 

The subject site consists of Lots 1 and 2 in DP 200740, No. 155 and 157 Arden Street, Coogee. The site is located on the eastern side of Arden Street, between Arcadia Street to the north and Bream Street to the south. The dimension and land area of the site are summarised in the table below:

 

Boundary

Length

Land area

Northern side boundary

49.38m

 

Southern side boundary

49.225m

 

Eastern rear boundary

20.115m

 

Western street boundary

20.12m

 

 

 

991.6m2

 

The site falls from the north-west to the south-east with a cross fall of approximately 7.7m. The site is elevated above the carriageway of Arden Street, supported by a sandstone block retaining wall of approximately 2.5m in height, as measured between the lower level roadway and the footpath, which the latter is at the same level as the site. The sandstone retaining walls extend along the eastern and western sides of Arden Street between Arcadia and Bream Streets, where the roadway has been cut into the hill slope.

 

The site is currently occupied by a pair of single-storey semi-detached dwelling houses. Immediately adjoining the site to the north are four x three-storey residential flat buildings (No. 153 Arden Street and Nos. 19, 21 and 23 Arcadia Street) and a part two- and part three-storey detached dwelling house (No. 25 Arcadia Street). To the south of the site is a double-storey residential flat building (No. 159 Arden Street). Adjoining the site along the rear boundary is a three-storey residential flat building (No. 108 Beach Street).

 

The locality is characterised by a mixture of detached, semi-detached and multi-unit residential developments.

 

 

4.    Site History

 

There are two (2) recent development applications that are applicable to the site and to this current proposal:

 

+DA/58/2008

 

At the Ordinary Council Meeting held on 22 July 2008, Council resolved to refuse development consent to DA/58/2008, which proposed the demolition of existing structures on site and construction of a 3 storey multi-unit housing development comprising 8x3 bedroom dwellings, basement car parking for 19 vehicles including right of way access to the adjoining southern property, landscaping, fencing and associated stormwater drainage works.

 

The Council Officer’s Report recommended approval by way of a deferred commencement consent. However, the application was refused at the Ordinary Meeting of 22 July 2008 as previously discussed in Section 1 of this Report.

 

Following the determination for refusal, the applicant has subsequently lodged this Section 82A Review application, seeking a review of the determination. As detailed in this current report, the proposal has not changed since the previous application was reported to Council in July 2008.

 

Below are the reasons for refusal of DA/58/2008, and the responses to these reasons for refusal made by the applicant as submitted with the Section 82A Review:

 

1.     The proposed development is not consistent with Clause 2 (e) & (g) of the Aims of the Randwick Local Environmental Plan 1998, as the proposed development will not promote, protect and enhance the aesthetic character of the City.

 

Applicant’s Response:

“The proposal will enhance the aesthetic character of the city as it will replace an uninteresting older building with a high quality architect designed development. The impacts on the stone wall have been minimised and as noted above are considered by Council’s heritage officer to provide a superior outcome to the approved development.”

 

2.     The proposed development is not consistent with Clause 12(1)(c) of the Objective of Zone No. 2C Residential under Randwick Local Environmental Plan 1998, as the proposed development will compromise the amenity of surrounding residential areas.

 

Applicant’s Response:

“The staff report dealt with this issue is great detail and concluded that the proposal would not have any unreasonable impact on neighbours. In particular it was clearly shown that no views of significance would be affected by the development. As noted above, there will be some reduction in view impact from the proposal compared to the previous scheme as the height of the building has been reduced and now fully complies with the Council’s height limits.”

 

3.     The proposed development does not comply with the provisions under Clause 29 (Foreshore Scenic Protection Area) of the Randwick Local Environmental Plan 1998 in that the proposed built form will adversely affect the scenic qualities of the foreshore area.

 

 

 

 

Applicant’s Response:

“The subject site is a significant distance away from the foreshore and would only be visible to a very minor degree. The proposal will not affect the scenic quality of the area.”

 

4.     The proposed development does not comply with the maximum floor space ratio standard under Clause 32(1) of the Randwick Local Environmental Plan 1998 and will adversely affect the amenity of the adjoining and nearby residential properties in terms of visual bulk and scale, overshadowing, loss of privacy and views. The State Environmental Planning Policy No. 1 (SEPP 1) objection in relation to the proposed development’s departure from Clause 32(1) of the Randwick Local Environmental Plan 1998 is therefore not well-founded.

 

Applicant’s Response:

“As noted in the staff report, the proposal will not have any adverse impacts on surrounding properties and the SEPP 1 objection was well founded:

 

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

 

This view was supported by the Design Review Panel which concluded that:

 

“The increase sought in the SEPP 1 is minor and has no significant impact” (see p191 of the staff report).”

 

5.     The proposal will impact on the heritage significance of the existing sandstone retaining walls on Arden Street and adversely affect the aesthetic value of the streetscape.

 

Applicant’s Response:

“Council considered this issue at length when the previous DA was considered. The elected Council resolved not to proceed with a proposal to give the sandstone wall any heritage status by way of an LEP amendment and approved the DA. This matter was again addressed in great detail in the staff report on the proposal and as noted above it was concluded that the proposal did not have any unreasonable impacts on the wall and was an improvement on the approved scheme.”

 

6.     The proposed development fails to achieve the design quality principles outlined in State Environmental Planning Policy No. 65 in terms of context, scale, built form, density, energy efficiency, landscaping, amenity, safety & security, aesthetics and social issues.

 

Applicant’s Response:

“This matter was addressed in detail in the staff report including specific comments from the Design Review Panel. It was concluded that the proposal was appropriate having regard to the design quality principles of SEPP 65.”

 

7.     The proposed development is inconsistent with the relevant Objectives, Performance Requirements and Preferred Solutions of the following parts of the Development Control Plan for Multi Unit Housing:

Part 3.3 Building Setbacks

Part 3.4 Density

Part 4.2 Privacy

Part 4.3 View Sharing

Part 4.4 Solar Access and Energy Efficiency

Part 6.2 Foreshore Scenic Protection Area

 

Applicant’s Response:

“In relation to Building Setbacks the only non-compliance relates to parts of the side setback. As indicated in the staff report, despite the non-compliance, the well articulated nature of the proposal, together with uses of privacy screens and landscaping ensures that the objectives of the setback control are achieved.

 

In relation to Density, the proposal provides for reduced density compared to the approved development (10 down to 8 units) and has acceptable bulk and scale as discussed in the staff report.

 

In relation to Privacy, as indicated in the staff report the proposal includes a number of features that will ensure an appropriate degree of privacy for neighbours. These include:

 

-   An appropriate degree of separation between the proposed and existing buildings;

-   Fixed louvers to direct views away from adjoining properties;

-   High level windows to minimise overlooking;

-   Balconies orientated away from the nearest buildings along Arcadia Street; and

-   Landscaping both at ground level and in planter boxes.

 

In relation to View Sharing, as noted above the proposal will not affect any views of significance.

 

In relation to Solar Access and Energy Efficiency, as indicated in the staff report the proposal will not result in any unreasonable overshadowing. Further the most affected neighbours raised no objection to the proposal. The proposal is suitably energy efficient meeting the requirements of BASIX.

 

In relation to Foreshore Scenic Protection Area, as noted above the proposal will not have any unreasonable visual impacts.”

 

8.     The proposal will not provide for safe vehicular and pedestrian access to Arden Street.

 

Applicant’s Response:

“This matter is addressed in the staff report where it was concluded that safe vehicular and pedestrian access could be provided.”

 

9.     The proposed development is not in the public interest having regard to the submissions received.

 

Applicant’s Response:

“As detailed in the recent Land and Environment Court judgement by Roseth SC (Double Bay Marina v Woollahra Council [2009] NSWLEC 1001), submissions by individuals do not generally deal with the ‘public interest’. In this case most of the objections relate to specific impacts on adjoining properties. The issue of the stone wall is the only matter of ‘public’ interest. In this case Council has previously determined that the wall does not have such significance as to warrant heritage listing. It has determined that the approved development will not have any unreasonable impacts on the wall. The proposal provides a better outcome in this regard. Thus the public interest has been suitably addressed.”

 

As part of this planning report for the S82A Review, the aspects of this refusal and compliance with the relevant development standards and controls will be assessed.

 

DA/611/2006

 

On 24 April 2007, Council granted a Deferred Commencement Consent (DA/611/2006) for the demolition of two semi-detached dwellings and construction of a three-storey multi-unit housing development comprising 11 dwellings and a semi-basement car park for 18 vehicles at No. 155-157 Arden Street, Coogee. This approval also included an opening through the existing sandstone wall along Arden Street to allow for vehicular access.

 

The deferred commencement conditions of DA/611/2006 have been satisfied. The consent became operable on 26 February 2009, and shall lapse on 3 May 2012 should the approved development not physically commence.

 

Development Consent No. 611/2006 is therefore currently valid and can be acted upon at any stage until 3 May 2012.

 

5.    Community Consultation

 

The proposal has been notified between 18 March and 1 April 2009 in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1 Objections

 

The subject application was advertised and notified by letter between 18 March and 1 April 2009 to 178 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. A total of 16 objections were received from the following 15 residences:

 

·      2/19 Arcadia Street, Coogee

·      3/19 Arcadia Street, Coogee

·      5/19 Arcadia Street, Coogee

·      1/21 Arcadia Street, Coogee

·      3/21 Arcadia Street, Coogee

·      4/21 Arcadia Street, Coogee

·      2/23 Arcadia Street, Coogee

·      3/23 Arcadia Street, Coogee

·      4/23 Arcadia Street, Coogee

·      25 Arcadia Street, Coogee

·      26/166-172 Arden Street, Coogee

·      169 Arden Street, Coogee

·      18 Sofala Avenue, Lane Cove

·      Leeton Avenue, Coogee

·      Coogee Precinct Committee

 

The issues raised in the letters of objection are detailed below:

 

Issues

Comments

The S82A Review has not changed the proposal and should therefore be refused again.

 

Section 82A of the Environmental Planning & Assessment Act requires that any submission to review a determination is to be substantially the same development as the development described in the original application. The S82A submission made does not change the proposal; rather it addresses the reasons for refusal of DA/58/2008, as required by Section 82A of the Act.

 

The development will result in loss of ocean and iconic views of Coogee Bay, Coogee Beach, Coogee Surf Club, Wylie’s ocean baths and the coastal headlands from the adjoining properties to the north, being No. 17, 19, 21, 23 and 25 Arcadia Street.

 

The development will also block leafy views and obstruct southerly breezes to the adjoining northern properties.

 

The views available from the adjoining northern properties have again been assessed from the plans and photos submitted, and from site inspections.

 

Refer to the “Environmental Assessment” section of this report for detailed discussion on potential view loss.

The proposal exceeds the permissible FSR stipulated in RLEP 1998 and will result in an undesirable development in terms of bulk, size and scale which detracts from the Scenic Foreshore Protection Area. The basement should be included in the FSR calculation as it adds to the bulk of the building.

 

The SEPP 1 submitted fails to satisfy the requirements to demonstrate compliance with the FSR is unreasonable and unnecessary.

 

The proposal does exceed the maximum FSR allowed for the site. The definition of floor space specifically excludes parking levels. The overall height of the building complies with the maximum height allowed for the site. The justification provided for the non-compliance is supported.

 

Refer to the “SEPP No. 1” section of this report for detailed discussion on the non-compliance with the statutory FSR control.

 

The proposal exceeds the permissible building height limits and objectives stipulated in RLEP 1998.

 

No SEPP No. 1 has been submitted for the breach in height limits.

 

Height poles should be erected to correctly show the proposed heights.

 

The height approved under DA/611/2006 was RL 32.84. This proposal will have a height of RL 35. The car park exhaust stack and skylights will further increase the building height to RL 36.

 

The proposal complies with the maximum building height and external wall height controls stipulated in RLEP 1998. The section plans submitted with the application need to be read in conjunction with the floor plans, to ensure that the true heights are read. The areas of the building that extend beyond the 10m height is the balcony balustrade, pergola and roofing structure to Unit 8 terrace and the privacy screen to Unit 7 on the northern elevation.

 

While this current proposal does increase the height from that already approved on the site, the proposal is compliant with the height controls. A SEPP 1 objection is therefore not required.

 

The applicant has submitted written confirmation from the registered surveyor and architect that the plans and the photomontages submitted showing the view loss are correct. A condition of consent will be imposed to ensure that the development is carried out with the plans submitted, which have been confirmed as true and accurate.

 

The proposal has insufficient setbacks from the property boundaries. This will severely impact visual and acoustic privacy of adjoining properties.

 

The side and rear setbacks do not strictly comply with the requirements of the Development Control Plan. However, the proposed front, side and rear setbacks are considered satisfactory. The front setback is consistent with the street. The rear setback is consistent with the current approval for the site.

 

The side setbacks comply with the minimum requirements but do not strictly comply with the average setback requirements. However, the elevations are stepped to provide articulation. The development maintains the traditional landscaping setback along the site’s rear boundary. This landscaping setback extends to the south on the properties facing Arden Street. The interface between the site and the adjoining properties to the north is one which consists of rear setbacks adjoining a side setback. As will be demonstrated in the “DCP” section of this report, the separation and privacy measures proposed are considered suitable.

 

Planting will be provided along the side and rear boundaries.

 

The proposal is of an excessive building bulk and scale, and is incompatible with the character of the locality. The proposal also does not respect the heritage character of the locality.

 

The design and appearance of the development is contrary to the design principles of SEPP 65 and has no regard to its immediate or wider context.

 

It is acknowledged that the site is not located within a heritage conservation area. It is not considered that the design of the building will compromise the existing built form in the local area, which is of varied styles and periods. The proposal is for a modern building that does not try to replicate the older style of buildings in the area, which would be considered inappropriate.

 

The proposal has been considered by Council’s SEPP 65 Design Panel, who overall, finds the design to be appropriate for the site. The proposed building has been designed to step down from the front to the rear, to follow the natural fall and contour of the land. The facades are suitably articulated with balconies, window openings, sun shade devices and privacy screens. The proposal is considered to be satisfactory from an urban design perspective.

 

The proposal does not provide sufficient landscaping. The proposed building will be extended into the rear portion of the land and remove significant amount of vegetation, which provides a spot for native birds.

 

The building will be excessively large for the site with minimal planting along the northern boundary.

 

The proposal complies with the minimum landscaping requirements under the Development Control Plan.

 

The proposal will retain 3 trees at the rear of the site, including a large pine tree in the north-eastern corner. In addition, the proposal has included deep soil planting areas along the perimeter of the site, which can support a range of trees, shrubs and ground covers. Planter boxes are also proposed along the side boundaries. The development will provide a suitable landscape setting to soften the building structures on site, contribute to the streetscape amenity, and also allow the reinstatement of vegetation to support the native birds in the area.

 

The proposal will result in adverse streetscape and visual impacts.

 

The proposal does not comply with the Foreshore Scenic Protection Area provisions contained in RLEP 1998. The rear of the building will be visible from the foreshore and the design is inappropriate.

 

It is considered that the built form proposed will not adversely impact on the streetscape. It is also considered that the works to the sandstone wall on Arden Street will be an improvement on that already approved.

 

The proposal is considered to satisfy the Foreshore Scenic Protection Area provisions contained in RLEP 1998. The building will not result in an adverse visual impact from the foreshore. Refer to the “Environmental Planning Instruments” section of this report for details.

 

The proposal involves excessive excavation, which would adversely impact on the structural stability of the adjoining premises and the natural drainage pattern, and limit opportunities for deep soil planting.

 

The proposal requires excavation to accommodate a basement car park. As recommended in the original report for this development, specific conditions will be imposed to ensure that suitable retaining walls and protection measures are implemented during works on the site. The developer will be responsible to undertake all works in accordance with any approval issued.

 

The proposal is not considered to adversely impact on the drainage pattern and use of the subject and adjoining land, subject to the recommended engineering conditions. The proposal has also incorporated suitable deep soil planting to soften the building structures on the site.

 

The proposal will adversely impact on the safety of vehicles and pedestrians on Arden Street. The proposal will exacerbate traffic congestion, slow traffic movement along Arden Street, vehicular conflicts and shortage of on-street parking in the area. The driveway should be reviewed by the Traffic Committee.

 

The development will remove on street car parking. Traffic in Arden St and surrounding streets will become worse. Residents often cannot park on streets at night or on weekends, even with resident permit restrictions.

 

The access off Arden Street has previously been considered by Council’s Integrated Transport Group, the Randwick Traffic Committee, and Council’s Development Engineer, who raised no objections on traffic or safety grounds, subject to conditions.

 

The access arrangement will remove approximately 4 on-street parking spaces. However, the new access will allow on-site parking for both 155-157 and 159 Arden Street, which effectively should remove the need for these residents to park on the street. In addition, the proposal provides more parking than the minimum required, which should encourage residents and visitors to park on site rather than the street.

 

The over-provision of on-site car parking necessitates excessive excavation of the site. Only 14 spaces are required but 19 spaces are proposed.

 

The proposal requires a minimum of 14 car spaces to be provided on site, however 19 will be provided in the basement level. Notwithstanding the issues relating to the design and visual appearance of the driveway access, in this instance, it is considered that the 19 spaces on site will provide additional parking, thereby reducing reliance on on-street parking for residents and visitors.

 

It is acknowledged that the proposal requires significant excavation to accommodate a basement car park. The proposed excavation is required in order to maintain a stepped built form that follows the topography of the site, and to minimise building height. Therefore, the proposed excavation is considered to minimise potential view loss from the adjoining northern properties. The excavation work is therefore supported, subject to standard engineering conditions.

 

The proposal will significantly impact on a key streetscape element of Arden Street, being the historical sandstone retaining walls currently defining the carriageway of the street. Heritage reports have been undertaken which support the preservation of this sandstone wall.

 

Refer to the “Environmental Assessment” section of this report for detailed discussion on the sandstone retaining walls.

The development will result in adverse visual and acoustic privacy impacts on the neighbouring properties.

 

It is not considered that the proposal will result in adverse visual or acoustic privacy impacts on the neighbouring properties.

 

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

 

The development will result in unreasonable overshadowing.

 

The development will significantly overshadow the adjoining property to the south. However, the approved development also significantly overshadows this site, given the orientation and the topography of the sites. It is considered that the increase in shadowing resulting from the increased height proposed under this application will not be significant so as to severely impact the solar access into the units at No. 159 Arden Street.

 

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

 

The proposed car park exhaust stack will result in air and noise pollution. Southerly winds will blow exhaust fumes into kitchens and living rooms of northern properties.

 

The proposed air-conditioning units will result in noise pollution.

 

The car park exhaust is proposed to be located approximately 3.65 metres off the northern boundary. The exhaust will extend to a maximum height of RL 37 600. A condition is recommended that prohibits any emissions or discharges from the premises which gives rise to public nuisance or results in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The SEPP 65 Panel has recommended that the air conditioning units be deleted, and that ceiling fans be installed in the bedrooms of all units, to take advantage of the summer sea breezes assisting cooling. Therefore a condition is recommended requiring the deletion of the air conditioning units and enclosure from the development. This will promote environmental sustainability and will assist in the slight reduction in the height of this wall on the third floor level.

 

Standard conditions are recommended to require any noise emission from the on-site plant and equipment to be within current industry standards. Additionally, a standard condition is recommended to require all building work to be compliant with the Building Code of Australia.

 

The positioning of the car park exhaust stack is within 6m of a boundary and does not comply with the BCA.

 

A standard condition is recommended to require all building works to be compliant with the Building Code of Australia. The plans to be submitted with a construction certificate are to show full compliance with the BCA and fire safety provisions.

 

The submitted drawings provide insufficient details relating to the design of the proposed development, including the vehicular and pedestrian access arrangements, the extent of the reduction of on-street parking spaces, the anticipated impacts on the streetscape, and how landscaping was calculated.

 

The vehicular opening will be within the southern section of the sandstone wall, under the existing footpath level, and will be approximately 7m wide. The northern half of the wall is to be rebuilt on a splayed alignment to facilitate vehicle movement and safety.  The driveway will come off Arden St at street level. Pedestrian access to the site will be at the existing footpath level (equivalent to level 1 of the building) and will be provided via a suspended walkway on the northern side of the site. The works involve the footpath to be cantilevered over the widened roadway in order not to narrow the footpath.

 

Approximately 4 on-street parking spaces will be lost as a result of the new driveway entrance.

 

The applicant has submitted plan no. DA113 showing how the landscaped area was calculated.

 

The development will result in traffic chaos and other amenity impacts during the construction phase.

 

No information has been submitted detailing how pedestrian access will be managed during construction.

 

The significant noise levels during construction will impact on residents who work from home during the day.

 

Standard conditions have been included in the “Recommendation” section of this report to require a Construction Site Management Plan to be developed and implemented prior to the commencement of any works, to ensure that appropriate construction and traffic management measures are implemented during works on the site. Other conditions will also be imposed requiring public safety and convenience to be maintained at all times during works.

 

A condition has been included limiting all building, demolition and associated site works to be carried out between 7am to 5pm Monday to Friday inclusive and 8am to 5pm Saturdays. No work is allowed on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday. Rock excavation is limited to 8am to 5pm Monday to Friday only. These hours are standard across the Randwick LGA.

 

The proposed construction may lead to the collapse of the sandstone retaining walls along Arden Street, as happened in Arcadia Street when No. 96 Beech Street was developed.

 

A number of standard conditions have been included in the “Recommendation” section of this report to ensure that all excavation and construction work is done in accordance with the BCA and Australian Standards. All work will need to be certified by a qualified structural engineer and/or the Principle Certifying Authority.

 

A condition of consent is also recommended to require the applicant to undertake a dilapidation report on all structures on adjoining the site before any works commence, to ensure their structural integrity is maintained throughout the construction works.

 

The proposal will result in reduction of values for the neighbouring properties.

 

The issue of property values is not a matter of consideration under Section 79C of the Environmental Planning and Assessment Act 1979.

 

Property values are influenced by a wide array of factors ranging from the overall state of the property market, the policy of financial institutions relating to the physical and locational conditions of a particular property, and the personal perception and preferences of potential buyers and sellers in the market.

 

The development will set a precedent to grossly undermine the principles of the foreshore scenic protection area, and will set a precedent for developers to demolish sandstone walls.

 

Any proposal for development submitted to Council must be assessed on its merits and against the relevant controls.

 

As the sandstone wall is currently not listed as a heritage item, any person may make application to Council to construct an opening in this wall, and other walls that are also not listed as items.

 

The proposal is not within the public interest.

 

For the reasons given in this report, the proposal is considered to be in the public interest.

 

 

It is acknowledged that the original development application DA/58/2008 was advertised and notified by letter dated 20 February 2008 to 175 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The notification period ended on 5 March 2008. However, submissions were received up until the matter was report to Council on 22 July 2008.

 

In total, 36 submissions and a petition signed by 10 residents were received from the following residents:

 

·      2/19 Arcadia Street, Coogee

·      3/19 Arcadia Street, Coogee

·      5/19 Arcadia Street, Coogee

·      1/21 Arcadia Street, Coogee

·      3/21 Arcadia Street, Coogee

·      4/21 Arcadia Street, Coogee

·      23 Arcadia Street, Coogee

·      2/23 Arcadia Street, Coogee

·      3/23 Arcadia Street, Coogee

·      2/27 Arcadia Street, Coogee

·      25 Arcadia Street, Coogee

·      132 Arden Street, Coogee

·      2/141 Arden Street, Coogee

·      2/153 Arden Street, Coogee

·      158 Arden Street, Coogee

·      162 Arden Street, Coogee

·      26/166-172 Arden Street, Coogee

·      27/166 Arden Street, Coogee

·      5/169 Arden Street, Coogee

·      2/66 Beach Street, Coogee

·      72 Beach Street, Coogee

·      4/85A Bream Street, Coogee

·      1/78 Beach Street, Coogee

·      93A Bream Street, Coogee

·      2/17 Berwick Street, Coogee

·      6/149 Coogee Bay Road, Coogee

·    60 Pauling Street, Coogee

·      2/19 Baden Street, Coogee

·      8/12 Kidman Street, Coogee

·      Randwick & District Historical Society

·      14 Truscott Avenue, Matraville

·      151 Orion Street, Lismore

·      18 Sofala Avenue, Lane Cove

·      32 Rhodes Avenue, Naremburn

·      114 Westbourne Street, Petersham

·      A petition from 10 properties, being:

1/19 Arcadia Street, Coogee

3/19 Arcadia Street, Coogee

2/21 Arcadia Street, Coogee

3/21 Arcadia Street, Coogee

4/21 Arcadia Street, Coogee

5/21 Arcadia Street, Coogee

2/23 Arcadia Street, Coogee

3/23 Arcadia Street, Coogee

5/23 Arcadia Street, Coogee

25 Arcadia Street, Coogee

 

Note: A planning report, prepared by Adey Planning, dated March 2008, was also submitted in support of the petition.

 

The issues raised in these submissions have also been raised in the submissions made in relation to the current S82A Review application. Nonetheless, the submissions received for the original Development Application No. 58/2008 have been previously addressed in the assessment report to the Ordinary Council Meeting held on 22 July 2008.

 

5.2 Support

 

One (1) letter of support was received from 5/159 Arden Street, Coogee and raised the following points:

 

 

Issues

Comments

The current proposal is an improvement on the existing approval, which would see an intensification of the site (11 dwellings compared to 8 dwellings). The current proposal is also of a higher architectural merit.

 

This current proposal will result in 8 units, compared to the 11 units approved. The units are larger in size than those approved, and the height now proposed is also greater than that already approved. However, it is considered that the current architectural design is an improvement on that approved.

 

The proposal complies with Council’s height requirements.

 

As previously discussed, the height requirements of Council are met.

The provision of the Right-of-Way to No. 159 Arden Street is supported by the owners of No. 159, as it will provide on-site parking for the residents and will overcome the loss of on-street parking.

 

The Right-of-Way of No. 159 will allow these residents to access their site and park at the rear. Vehicular access is currently not available to No. 159. This will reduce the on-street parking demand for the residents of No. 159.

 

The site is not in a heritage conservation area and Council has resolved not to list the stone wall. The issue of access to the site was previously dealt with under DA/611/2006, which is a valid approval.

 

This comment is noted and has been discussed in this report.

The current proposal is an improvement on the approval issued under DA/611/2006 in relation to access, impact on the stone wall, and pedestrian access.

 

This comment is noted and has been discussed in this report.

The Design Review Panel and the Council report dated July 2008 states that the scale and density is compatible with the objectives of the zoning for the site, and in keeping with the general scale and density of surrounding development.

 

This comment is noted and has been discussed in this report.

 

6.    Technical Officers Comments

 

The relevant technical officers have already commented on the proposal made under DA/58/2008. As the Section 82A Review application has not changed the proposal from the original Development Application No. 58/2008, the application did not require referral back to these technical officers.

 

The previous comments from these technical officers, including where necessary external bodies, taken from the original planning report for DA/58/2008 dated 22 July 2008 are repeated below:

 

6.1    Development Engineer and Landscape Development Officer

The comments previously provided by the Development Engineer and Landscape Development Officer are extracted below:

 

 

Landscape Comments

While a Right of Way (ROW) is still being proposed on the site, it is now shown as being constructed off the side (southern) boundary, rather than along the eastern boundary as was previously the case, which is in a much more favourable location in terms of preserving the existing, established trees along this rear boundary.

 

There is a large amount of existing vegetation at the site of varying sizes and quality, comprising mostly native Gums and Palms, which will be affected to varying degrees by this proposal.

 

While their contribution to the site and surrounding properties is easily recognised, the detailed site assessment revealed that the majority are in a poor state of health and/or condition, and should be removed for safety/hazard reasons, irrespective of this application, with the implementation of the proposed landscape scheme deemed to adequately compensate for the loss of this existing vegetation, as well as complement the proposed development.

 

On Council’s Arden Street nature strip in front of the subject site, between the back of the existing sandstone wall and pedestrian footpath, there are two Banksia serrata (Saw Toothed Banksias), comprising one in front of 155 Arden Street, towards the northern boundary, and one in front of 157 Arden Street, towards the southern boundary.

 

Both are in the order of 3-4 metres in height, are covered by Council’s Tree Preservation Order (TPO) given they are located on public property, and despite exhibiting a lean to the north, possibly as a result of their exposure to strong southerly directed winds, appear in reasonable condition, and are seen to provide a positive contribution to the streetscape.

 

While Council would obviously prefer their retention in order to maintain this avenue planting, the southernmost tree will need to be removed to accommodate the proposed vehicle entry in the location shown, and given its relatively small size, Council has granted approval for this (subject to the applicant covering all relevant costs), with a replacement not feasible given a lack of space available on the remainder of the nature strip area.

 

The other street tree just beyond the southern boundary of the site, in front of 159 Arden Street, needs to be retained, but as it should remain unaffected, conditions relating to it are not necessary and have not been included in this report.

 

Within the front yard of 155, against the southwest corner of the existing dwelling, there is one Eucalyptus ficifolia (Flowering Gum) of about 5 metres in height which is located in close proximity to the existing dwelling. It has been heavily pruned from its eastern side previously in order to achieve a suitable clearance away from the structure, resulting in the canopy being weighted almost entirely to its western side.

 

It is not considered a worthwhile specimen, and as such, approval is granted for its removal on the basis that replacement landscape treatment is provided in this area of the site.

 

All remaining vegetation within the front yard of both existing dwellings is deemed insignificant, and shall also be replaced as part of the new landscape scheme for the development.

 

The Cocos Palms in the southwest corner of the adjoining unit block to the north, 17 Arcadia Street, will remain unaffected given the differences in level between both properties, with conditions not required.

 

Further to the east, in the rear yard of 19 Arcadia Street, there is one Gum tree about 5 metres tall which appears in poor condition due to previous topping of its crown and the resulting sucker growth, with English Ivy smothering its trunk, and should be removed in the near future by this neighbour/tree owner, irrespective of the works proposed within the subject site, in order to protect themselves from failure and the resulting damage, with protection measures not required.

 

In the rear yard of 155 Arden Street, close to the northeast corner of the existing dwelling, there are two Eucalyptus robusta (Swamp Mahogany), with the most western tree being the larger of the two at about 12 metres, and already leaning to the north, with the smaller, eastern tree about 8 metres tall, leaning to the south.

 

While providing a visual and acoustic screen between this site and adjoining properties to the north, Council’s TPO has an exempt clause which allows the removal of trees growing in such close proximity to structures, and as they appear in only average-reasonable condition due to past poor maintenance practices, Council requires that they be removed as it would not be physically possible to retain them and still reasonably develop the property.

 

The replacement planting proposed along this southern boundary is sufficient to ensure that screening and privacy is maintained between both properties into the future.

 

Along the eastern edge of the existing dwelling at 155 Arden, there are two Howea fosteriana (Kentia Palms) varying in height between 3-5 metres, which while attractive feature/accent specimens, their value and contribution is restricted to wholly within the site, and as such, approval for their removal to accommodate the proposed works as shown has been included in this report.

 

Still in this rear yard, along the northern boundary, further to the west, there is one Schefflera actinophylla (Umbrella Tree) which although providing partial screening, is insignificant and should be removed with more substantial specimens, particularly as this species is recognised as an environmental weed.

 

To its east, there is one Howea fosteriana (Kentia Palm) of 4 metres in height, one Washington robusta (Washington Palm) 3-4 metres tall and one Archontophoenix cunninghamiana (Bangalow Palm) of 6 metres in height.

 

None are deemed particularly significant or worthy of retention, and given that they would be heavily impacted during the course of the proposed works, conditions in this report allow their removal in lieu of the replacement accent/feature planting along the length of this boundary as has been, as this will maintain environmental amenity between occupants of the subject site and adjoining properties to the north.

 

In the northeast corner of the site, there is another Archontophoenix cunninghamiana (Bangalow Palm) of about 6 metres in height, which Council would not object to removing as a total of five, 100 litre sized replacements of the same species will be provided in its place in this area of the site.

 

Still in this northeast corner of the site, but to the southeast of the palm described above, there is one mature Araucaria heterophylla (Norfolk Island Pine) of about 18 metres in height, which is covered by the TPO, and is identified as the most established and significant vegetation at the site, with its location an advantage in that it is sited a reasonable distance away from all works.

 

It is considered a local landmark given its size and form, and is deemed worthy of retention as an existing landscape feature given the positive contribution it provides to the site, with its ability of its canopy to perform a screening function between the upper level terraces of the proposed development and other surrounding high rise unit blocks further to the northeast and east seen as a major benefit for future occupants.

 

The main threats to this tree are identified as the brick retaining wall along the length of northern/common boundary, a distance of 2.6 metres off its trunk (shown only on the basement level plan), with excavations for the actual basement level to be performed 4.8 metres to the southwest of its trunk at its closest point, which is more favourable than the previous proposal, with minor pruning from its southwest aspect also required to accommodate the upper levels.

 

Providing the protection measures relating to the following points are adhered to, this tree will be able to sustain the expected impacts:

 

§ The provision of suitable setbacks between the tree and any works, together with the required level of care being taken during this part of the works;

§ Maintaining existing soil levels over its root-zone;

§ Relocating stormwater lines/pits and associated excavations away from its root system,

§ Pruning to be performed in accordance with recognised industry best practice guidelines.

 

No objections are raised to removal of the dead NZ Xmas Trees and Canary Island Date Palm, located about halfway along the length of the southern boundary of 155 Arden Street as part of this application.

 

In the rear yard of 157 Arden Street, along the eastern edge of the existing dwelling, there is from north to south, one Eucalyptus robusta (Swamp Mahogany) of around 10 metres in height which has a pronounced lean to the northeast, one Howea fosteriana (Kentia Palm) about 4 metres in height and one Archontophoenix cunninghamiana (Bangalow Palm) around 6 metres tall. It would not be physically possible to any of these specimens, and as they are not deemed worthy of retention, approval has been granted for their removal; with the same situation applying to the 4 metre tall Archontophoenix cunninghamiana (Bangalow Palm), and 10 metre tall Eucalyptus robusta (Swamp Mahogany), further to the south, along the southern boundary.

 

Near the northeast corner of 157 Arden Street, along the eastern boundary, there is one Eucalyptus robusta (Swamp Mahogany) and Lagunaria patersonii (Norfolk Island Hibiscus), both of around 8-10 metres in height, which appear in average-reasonable condition and are covered by the provisions of Council’s TPO.

 

While not overly desirable specimens, they perform an important screening function between this site and the adjoining unit blocks to the east, which is a highly desirable feature for occupants, and will also assist in minimising any privacy or overlooking impact on neighbouring properties upon completion.

 

Therefore, Council requires that both be retained, until at least such time as the new screen planting proposed in this area has an opportunity to establish itself to a reasonable size, which will then perform the same function these two existing trees currently provide.

 

Protection measures in this report relate to the required level of care needing to be taken with excavations for the basement, as well as pruning of its western aspect.

 

In the southeast corner of the site, there is one Cocos Palm and Eucalyptus robusta (Swamp Mahogany) which appears in poor condition due to past pruning, and is deemed to have no long term prospects, especially considering the additional stress it will be placed under during the course of the works. As such, permission to remove both trees has been included in this report, subject to suitable replacements being provided in this area of the site.

 

Drainage Comments

On-site stormwater detention is not required for this development however stormwater discharge from the site is not to exceed 25 litres per second for the 1 in 20 year storm.

 

The Planning Officer is advised that drainage plans should not be approved in conjunction with the DA, rather, the Development Engineer has included a number of conditions in this memo that relate to drainage design requirements. The applicant is required to submit detailed drainage plans to the certifying authority for approval prior to the issuing of a construction certificate.

 

Traffic/Civil Works Comments

Referral Comments

The subject development application is similar in nature to Development Application 611/2006 with respect to traffic issues in Arden Street and civil works required in Arden Street. The Assessment Planner is advised that the previous comments/recommendations of Council’s Assets Coordinator, Council’s Integrated Transport Group and the Randwick Traffic Committee have been conditioned within this report.

 

Parking Provision

The applicant proposes a total of 19 spaces with (4 x 2) of these spaces in a tandem arrangement. The application is for 8 x 3 bedroom units and the calculated parking requirement is 12 resident spaces and 2 visitor spaces, therefore the parking provision is compliant with Council’s DCP-Parking. The Development Engineer does not raise any objections to the tandem parking spaces as these can be allocated to 4 of the 3 bedroom units. The carpark layout does not show any structural columns however there appears sufficient scope for the required columns to be incorporated into the layout whilst still complying with the relevant provisions of AS 2890.1-2004.

 

ROW Comments

The Assessment Planner is requested to confirm that the creation of a right of way over the development site in favour of 159 Arden Street is still supported by the owners of 159 Arden Street, (creation of the right of way was supported when assessing DA 611/2006). A condition relating to the right of way has been included within this report.

 

Service Authority Comments

The applicant shall liaise directly with all service utility authorities regarding any services that may be affected by the proposed works. Should development consent be granted, the applicant will be required to meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required. 

 

In particular the applicant would be required to liaise directly with Sydney Water in regard to building over the existing sewer line.

 

Further, at the Health, Building and Planning Committee meeting on 8 November 2005, Council resolved that:

 

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

 

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

 

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

 

Given that the cost of works has been estimated to be greater than $2 million, the applicant shall be required to meet the full cost for undergrounding cables in the vicinity of the development site. A condition regarding this matter has been included in this report.

 

Waste Comment

The garbage storage area shall be sized to contain a total of 8 x 240 litre bins (4 x 240 litre garbage bins and 4 x 240 litre recycling bins).

 

Concern is raised about the suitability of having a combined garbage / storage room. A condition requiring the applicant to separate these functions has been included within this report.

 

Comments

No objections are raised against the proposed development, subject to the recommended conditions. Confirmation has been sought from the applicant and the consultant architects that the owners of No. 159 do not object to the proposed right of way access.

 

6.2    Building Surveyor

The previous comments provided by the Building Surveyor are extracted below: