Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 23 June 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

23 June 2009

 

 

 

 

 

 

 

 

 

 

 

 

16 June 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, 23 June 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 - 26 May 2009
Extraordinary Council Meeting - 2 June 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

Nil 

 

Urgent Business

 

Director City Planning Reports

CP34/09    3 Frederick Street, Coogee

CP35/09    2-40 Gumara Street, Randwick 

CP36/09    66 Gubbuteh Road, Little Bay

General Manager's Reports

GM28/09    Affixing of the Council Seal

GM29/09    Randwick City Council 2009-13 Management Plan and Budget

GM30/09    Economic Wellbeing

Director City Services Reports

CS13/09    Air Monitoring for Asbestos

Director Governance & Financial Services Reports

GF25/09    Investment Report - May 2009

GF26/09    Local Government Remuneration Tribunal - 2009 Annual Review  

Petitions

Motion Pursuant to Notice

NM39/09    Motion Pursuant to Notice from Cr Belleli - Proposed playgrounds in Pioneers Park & Chifley Reserve

NM40/09    Motion Pursuant to Notice from Cr Andrews - Proposed free parking in Coogee for Ratepayers and residents.

NM41/09    Motion Pursuant to Notice from Cr Andrews - Proposed closure of Malabar Police Station

NM42/09    Motion Pursuant to Notice from Cr Matthews - Anzac Rifle Range site

NM43/09    Motion Pursuant to Notice from Cr Matson - Suspend Support for Joint Regional Planning Panels

NM44/09    Motion Pursuant to Notice from Cr Matson - Addition of specific objectives to Council's Development Standards  

Confidential

GM26/09    Randwick City Council Management Plan 2009-13: Confidential Fees and Charges

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. ( (In accordance with s404(5) of the Local Government Act 1993, fees and charges for the services provided by this program have not been published as they could confer a commercial advantage to a competitor of Council).  )

 

CS14/09    Tender for the Supply and Installation of a 36 Kilowatts (Nominal Rated Capacity) Rooftop Photovoltaic System on Randwick City Council's Depot Building - T02/09

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.

 

 

 

CS15/09    Tender for Miscellaneous Infrastructure Services - T05/09

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.

 

CS16/09    Tender for Video Surveillance System for Randwick City Council

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.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

23 June 2009

 

 

 

Director City Planning Report No. CP34/09

 

 

Subject:                  3 Frederick Street, Coogee

Folder No:                   DA/249/2009

Author:                   Gerard Turrisi, GAT & Associates Pty Ltd     

 

Proposal:                     Demolition of existing garage, construction of new garage to rear of existing dwelling, ground level alterations and additions to dwelling and construction of deck at rear

 

Ward:                      East Ward

 

Applicant:                Mr P Moysidis

 

Owner:                         Ms M Parras

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council as the applicant is related to a Council employee.

 

The Application is for the demolition of an existing garage and laundry, construction of a new garage and laundry to the rear of the existing dwelling, ground level alterations and additions to the existing dwelling and construction of a rear deck with pergola, at 3 Frederick Street, Coogee.

 

Assessment of the development against Council’s controls reveals that the proposal is non-compliant with Council’s controls for driveway width, garage width, and landscaped area. The side and rear setbacks proposed for the garage and laundry have also been raised as an issue. These non-compliances will be detailed within this report.

 

The main issues raised during the notification period relate to the impact upon the amenity of the adjoining property at No. 2 Meymott Street with respect to loss of natural light and outlook.

 

The proposed garage and laundry will be built in the same location as the existing garage and laundry, which results in a zero setback to the northern and eastern boundaries. While the length of the garage along the eastern boundary will increase by 2.1 metres, the height of the structure at this boundary will decrease from 3.4 metres to 2.7 metres.

 

For the reasons outlined in this report, the application is recommended for approval.

 

2.    The Proposal

 

The proposal involves the following works:

 

-   Demolition of the existing garage and laundry.

-   Construction of a new garage including new laundry and WC, and external BBQ.

-   Alterations and additions to the dwelling, including removal of internal wall to create a larger kitchen, raising floor of sunroom to create a single level kitchen, replacement of study, kitchen and bathroom windows and new folding doors to kitchen, and extension of hipped roof at the rear over the kitchen to provide a flat ceiling.

-   New rear patio deck with pergola.

 

The works will match the finishes of the existing dwelling as much as possible.

 

The existing garage and laundry is built to the northern and eastern boundaries. The new garage and laundry will also be built to these boundaries and will be larger in size than the existing, with the eastern wall being extended by 2.1 metres along the boundary. The overall height of the garage will not substantially increase, as the orientation of the existing pitched roof will be flipped to have the gable ends facing north/south (to match the pitch of the garage at No. 1 Frederick Street), rather than east/west.

 

The proposal involves the removal of asbestos panels found in the sunroom and laundry structures. The removal will be by specialist contractors who are licensed by WorkCover NSW.

 

The new deck will be setback approximately 1.4 metres off the southern (side) boundary.

 

No works are proposed to the front facade of the dwelling.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of Frederick Street, near the corner of Frederick Street and Meymott Street. The site shares common boundaries with three (3) properties, two (2) fronting Frederick Street and the other Meymott Street.

 

The site is located within a well established residential zone, which primarily consists of single storey detached dwellings.

 

The site is located to the south of Coogee Bay Road, and is within walking distance of Baker Park to the north and Bangor Park to the south. Within the broader area are Randwick Girls and Boys High Schools, and the Prince of Wales Hospital. Further to the east is Coogee Bay and South Coogee.

 

4.    Site History

 

There currently exists a single storey free-standing residential dwelling, constructed of face brick with ceramic tile roof. A single storey, single car garage is located at the rear of the site and is accessed by a side driveway on the northern side of the dwelling.

 

5.    Community Consultation

 

The proposal has been notified to adjoining properties in accordance with the DCP – Public Notification. The notification period was between 30 April and 15 May 2009. One (1) submission was received. A site inspection was undertaken of the objector’s property on 5 June 2009, and the comments made below are based on this site inspection and the plans submitted with the Development Application.

 

5.1 Objections

 

The following submission was received:

 

Objections

Author and objection

Comment

Owners & Residents of 2 Meymott Street, Coogee

The proposed garage will result in a significant loss of amenity to the property and impact on the capacity to enjoy its current configuration. The garage will result in a 3 metre high wall running for more than 6 metres on the boundary.

The potential impacts of the proposed works are discussed in the points below.

 

The new garage will be extended in width by 2.1m, resulting in a 5.87m wall length along the eastern boundary. The height of this wall on the boundary will be 2.7m, extending to a 3.6m height at the pitch.

The garage will reduce sunlight in this corridor and reduce the aesthetic quality of this part of the garden, which is planted and is adjacent to the front door entrance and seating area.

The entry to the dwelling of No. 2 is along the western boundary of their site. This area does offer a landscaped, leafy aspect for the residents and visitors. There is a seating area near the front door which takes advantage of this quiet garden area. The pathway is approximately 2.5m wide (taken from survey), and is in part covered by a timber pergola.

 

 

The pathway has a north-south orientation, and therefore is able to receive light and direct sunlight from the north. Although the wall length of the proposed garage will increase by 2.1m, the height along the boundary will decrease by 700mm. The garage will really only impact on this area in the afternoon period when the sun is in the west. However, given the width of the pathway, the existing garage and existing planting, it is not considered that the amount of direct afternoon sunlight to this space will be substantially different from the existing situation.

 

The garage will reduce direct and indirect sunlight into the main living/dining room window. The garage will be only 2.5 metres from the dwelling at 2 Meymott Street.

The living/dining room window of No. 2 is west facing. Any direct sunlight it may receive during the winter solstice would be very limited, given the orientation, existing planting and setback, and height of the existing garage.

 

Although the length of the proposed garage will increase, indirect light will still be available to the window, as the height of the proposed garage along the boundary will decrease by 700mm.

 

The living/dining room window is not north facing, and the proposal satisfies the overshadowing controls of the Development Control Plan.

 

The view from the living/dining room window will be ruined. The skyline aspect will be blocked.

Again, while the length of the proposed garage will increase, the height of the proposed garage along the boundary will decrease by 700mm. Views of the sky will still be achieved.

 

The garage will result in a tunnelling effect for the length of this part of the garden. This is due to the western boundary of 2 Meymott Street adjoining 1, 3 & 5 Frederick Street who have garages on their rear boundaries.

It is acknowledged that No. 2 is unusual in that the subdivision layout means that the site adjoins 3 garages along the western boundary. The garage will increase in length, however there will still be approximately 6.7m of open area along the pathway, between the garages of No. 3 and No. 5 Frederick Street. More than half the rear boundary length of No. 3 will be open and unobstructed. Natural light will still be achieved to the pathway and living/ dining room window of No. 2 Meymott Street.

 

The practice of erecting 2.5 to 3 metre walls on boundaries contravenes the practice and convention of erecting boundary fencing or wall to no more than 1.8 metres high unless all parties agree.

Boundary fencing is commonly at a height of 1.8m.

 

Council’s Development Control Plan does allow a variation to have zero rear and side setbacks for buildings, provided the amenity of adjoining properties are not compromised. In this instance, it is not considered that the amenity of No. 2 Meymott Street will be unduly compromised. Please refer to Section 8.1(a) of this report for assessment.

 

5.2 Support

 

No letters of support were received.

 

6.    Technical Officers comments

 

The application did not require referral to other departments of Council for comment.

 

7.    Master planning requirements

 

There are no Master Planning requirements for this site, as it is less than 4,000m2 in size.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

 

The site is zoned 2A Residential under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent.

 

There are no specific clauses of the Local Environmental Plan which apply to or prohibit the proposed development.

 

8.1 Policy Controls

 

a.    Development Control Plan – Dwelling Houses and Attached Dual Occupancies

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Proposed

Complies

Solar Access and Energy Efficiency

Private open space to receive 3 hrs sunlight over at least part of its area between 9am and 3pm on 21 June

Solar access to the rear yard will not significantly change as a result of the proposal

Considered acceptable given existing development on site

North facing windows to living areas to receive at least 3 hrs of sunlight over at least part of their surface between 9am and 3pm on 21 June

North facing windows of the subject site will not be affected.

Yes

Solar access to existing or future solar collectors on adjacent buildings is to be maintained between 9am and 3pm throughout the year

Adjacent buildings will not be affected as development is single storey

Yes

North-facing windows to living areas of neighbouring dwellings to receive at least 3 hrs of sunlight over at least part of their surface between 9am and 3pm on 21 June.

North facing windows of adjoining properties will not be affected.

Yes

The principle outdoor area of neighbouring dwellings to receive at least 3 hrs sunlight over at least part of its area between 9am and 3pm on 21 June.

The principle outdoor areas of adjoining properties will not be affected, given location of the proposed works and orientation of the sites.

Yes

Water Management

Grade and drain stormwater to Council’s street gutter

Drainage of the site will not alter

Yes

Provide Triple A Rated water-efficient plumbing fixtures

The laundry and WC can be fitted with AAA Rated fixtures

Yes, can be conditioned

Minimise water usage in gardens through low-water demand species, mulch and drip irrigation

This can be conditioned

Yes, can be conditioned

Landscaping & Open Space

40% of site provided as landscaped area.

Approx. 105.7m2 or 30%

No. See Report

25m² of private open space provided.

58m2 provided in the rear yard

Yes

Min. dimensions of 3m x 4m & minor level change

8m x 6.5m

Yes

Open space behind the building line.

Yes

Yes

20% of the site area is permeable.

91m2 or 25.9%

Yes

Floor Area

(Site area 350.3m2) maximum FSR 0.6:1

116.8m2 or 0.33:1.

Garage is excluded as under 40m2

Yes

Height, Form & Materials

External wall height maximum 7m

3.4m

Yes

External wall height of buildings or additions to the rear are not to exceed 3.5m

Max. Wall height is 3.4m

Yes

Cut or fill maximum 1m.

None proposed

N/A

No excavation within 900 mm of a side boundary.

None within 900mm.

Yes

No excavation within 3m of a rear boundary.

None within 4m.

Yes

The length of a 2nd storey maximum 12m less than 1.5m from a southern boundary.

Dwelling will remain single storey

N/A

Building Setbacks

Front setback average of adjoining dwellings or 6m.

4.1m. The front setback is existing and will not change.

N/A

Rear boundary setback at least 4.5m

New deck complies as it will be setback 4.6m from the rear boundary. The garage will be built on the rear boundary

See report

Side setbacks to be 900mm at ground level.

Side setbacks of dwelling will not change. The garage will be built on the northern (side) boundary

See report

Side setbacks to be 1.5m at second floor level.

Dwelling is single storey

N/A

The following may encroach beyond the side, front and rear setbacks:

Eaves, gutters, pergolas, screens, sunblinds, light fittings, unroofed terraces, landings, steps or ramps not more than 1m in height

The pergola over the deck encroaches into the rear setback.

Yes

Buildings may be setback less than the Preferred Solution or may be built to the boundary where the proposal would not have an adverse impact on the streetscape or adjoining premises provided the requirements relating to neighbour’s privacy and access to light, air and views would be met.

It is proposed to rebuild the garage and laundry on the northern and eastern boundaries, in line with where the existing structure is located. It is not considered that the proposal will compromise the adjoining property’s amenity.

See report

Visual and Acoustic Privacy

Avoid direct views between internal and external living areas, or provide 1.5m sill heights to windows

Visual and acoustic privacy of properties will be maintained

Yes

Safety & Security

Dwellings have at least one habitable room window overlooking the street.

The front of the dwelling will not change

Yes

Front doors are to be visible from the street

Front door is visible from the street

Yes

A Council-approved street number is conspicuously displayed at the front of the dwelling or front fence.

The dwelling has an existing street number

Yes

Garages & Driveways

 

1 car space required for dwellings with 2 bedrooms or less, or 2 spaces for dwellings with 3 bedrooms or more.

1 space will be provided in the garage and min. 1 space on the driveway

Yes

Garages are not to dominate streetscape and be compatible in scale, form, materials and finishes with the dwelling

Garage will be located at the rear of the site, not impacting on the streetscape

Yes

Driveways to be 3m wide

Existing driveway is 2.8m wide

No, however driveway is existing

Driveway gradients should not exceed a maximum of 1 in 8 for the first 5m from street alignment and 1 in 6 thereafter.

The driveway is at grade

Yes

Garages and carports located behind the building line where parking only available from the front of the site.

The garage is behind the building line

Yes

Driveways, car parking spaces and structures do not occupy more than 35% of the width of the allotment

The garage and laundry width will be 7.97m, which is 63.7% of the width of the allotment.

No, see below.

 

Fences

Fence designs should reflect streetscape character

The front fence will be retained with no alterations

N/A

Foreshore Development

Buildings are not to encroach on the foreshore building line

Site is not near the foreshore

N/A

 

The non-compliances with the preferred solutions in the Development Control Plan are addressed below:

 

-    Landscaped Area

 

The Development Control Plan requires 40% of the site area to be landscaped. This development will result in approximately 105.7m2 or 30% of the site area being landscaped. This does not comply.

 

Calculations made from the ‘Floor Plan, Drawing No. DA-102A’ reveals that the existing landscaped area is approximately 113.2m2, or 32% of the site area. The existing development does not comply with the control.

 

As the definition for landscaped area allows the BBQ and deck area to be included, the existing landscaped area will only be reduced by approximately 7.6m2. The difference between the existing and proposed landscaped area is 2% of the total site area, which will not affect the usability or amenity of the space.

 

As the reduction in landscaped area is so minor, and given that the works will improve the relationship between the indoor and outdoor living areas at the rear of the dwelling, the non-compliance is supported in this instance.

 

-      Side and rear setbacks

 

The Development Control Plan requires a rear boundary setback of at least 4.5m, and a side setback of 900mm for single storey buildings.

 

The new garage is proposed to be built on the rear and side (northern) boundary. The reasoning behind this, is that the existing garage is built on these same boundaries.

 

Although the Development Control Plan establishes these setbacks, it does allow a variation to have buildings setback less than the Preferred Solution or to be built to the boundary where the proposal would not have an adverse impact on the streetscape or adjoining premises. This is provided the requirements relating to neighbour’s privacy and access to light, air and views are met.

 

An assessment of the adjoining properties has been undertaken to determine the potential impact:

 

No. 1 Frederick Street

This site is located to the north of the subject site, therefore the works will have no impact in terms of sunlight or overshadowing. The garage will abut the rear of garage of No. 1, and will be extended a further 900mm along the boundary. There are no privacy issues as no windows are proposed to the northern elevation of the garage. Air flow and views will not be impacted, given the garage will be single storey and the overall height will be consistent with the existing garage.

 

No. 5 Frederick Street

This site adjoins to the south. The proposed garage will not impact on No. 5 as it will be setback 6.6 metres from the southern boundary. The deck and pergola will be setback approximately 1.4 metres off the southern boundary, and will not impact on the adjoining site as there is a driveway and garage on the northern boundary of No. 5.

 

No 2 Meymott Street

This site adjoins the rear of the subject property to the east. A site inspection of this property was undertaken on 5 June 2009 with the owner/resident.

 

The entry to the dwelling of No. 2 is along the western boundary of their site. This area does offer a landscaped, leafy aspect for the residents and visitors. There is a seating area near the front door which takes advantage of this quiet garden area. The pathway is approximately 2.5m wide (taken from survey), and is in part covered by a timber pergola.

 

The pathway has a north-south orientation, and therefore is able to receive light and direct sunlight from the north. Although the wall length of the proposed garage will increase by 2.1m, the height along the boundary will decrease by 700mm. The garage will really only impact on this area in the afternoon period when the sun is in the west. However, given the width of the pathway, the existing garage and existing planting, it is not considered that the amount of direct afternoon sunlight to this space will be substantially different from the existing situation.

 

The living/dining room window of No. 2 is west facing. Any direct sunlight it may receive during the winter solstice would be very limited, given the orientation, existing planting and setback, and height of the existing garage.

 

Although the length of the proposed garage will increase, indirect light will still be available to the window, as the height of the proposed garage along the boundary will decrease by 700mm. Views of the sky will still be achieved.

 

The living/dining room window is not north facing, and the proposal satisfies the overshadowing controls of the Development Control Plan.

 

As previously stated, No. 2 is unusual in that the subdivision layout means that the site adjoins 3 garages along the western boundary. The garage will increase in length, however there will still be approximately 6.7m of open area along the pathway, between the garages of No. 3 and No. 5 Frederick Street. More than half the rear boundary length of No. 3 will be open and unobstructed.

 

-      Driveway width and width of garage

 

The existing driveway is less than 3m wide and the proposed works will not alter this. The driveway is wide enough to allow a car to access the garage.

 

The garage and laundry width will be 7.97m, which is 63.7% of the width of the allotment. This exceeds the maximum width under the Development Control Plan. However, it is considered satisfactory in this instance as the existing garage is already in part this wide. Only half of the garage structure will be visible from the street. In addition, for the reasons given above, it is considered that the width will not further compromise the amenity of the adjoining properties.

 

9.    Environmental Assessment

 

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

 

The proposal is considered to satisfy the relevant heads of consideration under Section 79C.

 

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 works proposed under this Development Application are considered appropriate for the site. Although there are non-compliances with the Development Control Plan, the proposal will not unduly compromise the amenity of adjoining properties.

 

The proposal is found to be suitable for the site. The recommendation is for approval subject to condtions.

 

 

Recommendation

A.     That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No 249/2009 for demolition of existing garage, construction of new garage to rear of existing dwelling, ground level alterations and additions to dwelling and construction of deck at rear of the site at 3 Frederick Street, Coogee subject to the following conditions.

 

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

 

1.      The development must be implemented substantially in accordance with the plans numbered DA-100A, DA-101A, DA-102A, DA-103A, DA-104A & DA-105A, dated March 2009 and received by Council on the 27th 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.      The external materials, colours and finishes of the building are required to match, as closely as possible, the existing building.

 

3.      The design, materials and colour of the roofing to the proposed building/s are required to match, as closely as possible, the existing roof.

 

The following condition is imposed to satisfy relevant requirements of the Sydney Water Corporation.

 

4.      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 are imposed to promote ecologically sustainable development and energy efficiency.

 

5.      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.

 

6.      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.

 

7.      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)

 

8.      In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an 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 an 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:

 

9.      Surface water/stormwater must be drained and discharged to the street gutter or suitably designed absorption pit, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate application for the development.

 

Absorption pits must be located not less than 3m from any adjoining premises and the stormwater must not be directed or flow onto any adjoining premises or cause a nuisance.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

10.     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:

 

11.     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.

 

12.     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.

 

13.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (Building Code of Australia).

 

14.     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 persons 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.

 

15.     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 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).

 

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.  Details of critical stage inspections carried out and copies of certification relied upon must also be forwarded to Council with the occupation certificate.

 

16.     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; and

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

 

17.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor (and a copy of the relevant Certificate of Insurance) or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council, in writing, prior to commencement of works.

 

18.     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.

 

19.     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.

 

20.     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.

 

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:

 

21.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment & Climate Change (formerly EPA) and Randwick City Council policies, including:

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

The Demolition 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 (including removal of any asbestos)

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works 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 work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must be provided to Council, not less than 2 days before commencing such works.

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

·          On sites involving the removal of asbestos, a 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.

 

·          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 2005.

 

·          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the principal certifying authority immediately 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.

 

24.     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.

 

25.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

1)     If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development must, at the person’s own expense:

a)     protect and support the adjoining premises from possible damage from the excavation, and

b)     where necessary, underpin the adjoining premises to prevent any such damage.

 

2)     The condition referred to in subclause 1) does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

26.     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.

 

27.     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, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A construction noise and vibration minimisation strategy, prepared by a suitably qualified person is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of site works.

 

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

 

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 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.

 

29.     A Construction Site Management Plan is to be developed and implemented prior to the commencement of any 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 details.

 

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 amenity to the satisfaction of Council.  A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

30.     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 Landcom, to the satisfaction of Council.

 

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 or Council prior to the commencement of any site works. 

 

31.     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 or 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.       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.

 

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 and Regulatory Services section.

 

d.       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.

 

 

ADVISORY MATTERS:

 

A1      Demolition, building or excavation work must not be commenced until;

 

·          A Construction Certificate has been obtained from Council or an Accredited Certifier

·          Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

·          Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

Failure to comply with these important requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million under the Environmental Planning & Assessment Act 1979.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.

 

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:-

 

·          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 (greater than 3m in length) or any container or other article.

 

A3      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

23 June 2009

 

 

 

Director City Planning Report No. CP35/09

 

 

Subject:                  2-40 Gumara Street, Randwick 

Folder No:                   DA/187/2009

Author:                   David Ongkili, Coordinator Major Assessment     

 

Proposal:                     Stage 2 development application for construction of 27 terrace houses with basement car parking for 54 vehicles and basement storage/utility rooms; and two residential flat buildings (comprising one 3 storey building and one part 4/part 5 storey building) both containing a total of 28 dwelling units (13 x 1 bedroom, 6 x 2 bedroom and 9 x 3 bedroom) with semi basement car parking for 37 vehicles, basement gym and associated site works.

Ward:                      East Ward

Applicant:                Randwick Properties Pty ltd

Owner:                         Randwick Properties Pty Ltd

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

The application is referred to Council as the proposed development is valued at $13,864,215.

 

The subject application is for the Stage 2 development application for construction of 27 terrace houses with basement car parking for 54 vehicles (Terrace Blocks), and two residential flat buildings (Apartment Blocks) comprising one 3 storey building (Eastern Apartment Block) and one part 4/part 5 storey building (Western Apartment Block) with semi basement carparking for 37 vehicles and associated site works.

 

The subject application essentially seeks to amend an earlier approved Stage 2 DA (DA/319/2008) in the following areas:

 

Terrace Blocks

 

·      Provision of utility rooms in the basement carpark for each terrace (located at the end of each carparking space to the edge/limit of building line above)

 

·      Provision of a pedestrian passage way in the basement carpark running north to south through an unbuilt area of the proposed development.

 

·      Installation of new doors in the south and west elevation to provide for access to the sub-floor utility rooms.

 

·      Installation of water tanks.

 

Apartment Blocks

 

·      Provision of a total of 28 units (comprising 13 x 1 bedroom, 6 x 2 bedroom and 9 x 3 bedroom) instead of the previously approved 20 units (comprising 6 x 2 bedroom and 14 x 3 bedroom). Essentially, the new dwelling mix provides for 13 new 1 bedroom units while reducing the number of 3 bedroom units to from 14 to 9.

 

·      Provision of a new gym in the basement area.

 

·      Provision of 37 basement carparking spaces (1 more than approved).

 

An earlier Stage 1 DA to set building envelopes for 27 terrace houses, 20 apartments and carparking for 90 vehicles was lodged by the applicant pursuant to Section 83C of the Environmental Planning and Assessment Act 1979 (as amended) and approved by Council on 10 June 2008.  The development consent for this Stage 1 DA was limited to a approval for concept plans containing building footprint and envelopes and carparking. The current Stage 2 DA is for the construction of proposed buildings within the approved Stage 1 building envelopes and footprints.

 

The Stage 2 proposal is considered to be consistent with the Stage 1 consent and the subsequent Section 96(2) modification to that consent approved on 21 October 2008.

 

The proposal has a maximum FSR of 1:1 (7729 sqm) which varies from the maximum FSR standard of 0.75:1 (5781 sqm) under the Randwick LEP 1998. This FSR is also a higher breach of the standard compared to the previous non-compliance of 0.88:1 under the approved DA 319/2008. Notwithstanding this, the SEPP 1 objection lodged in relation to the breach is found to be acceptable and reasonable primarily as the builtform, height, bulk and scale of the proposed terrace housing and two apartment buildings will remain predominantly unchanged compared with that approved under DA 319/2008 especially because the majority of the additional floor area will be in the form of utility rooms and gym in the previously approved basement level which will not be visible from the street and therefore have no impact in terms of visual bulk and scale.

 

The proposal also varies from the maximum wall height standard by maximum 200mm for the terrace dwellings and maximum 4.3m for the apartment blocks; and the maximum building height standards of the LEP by 200mm for the terrace dwellings and a maximum 2.8m for the apartment blocks. These non-compliances have been assessed and the SEPP 1 Objection lodged found acceptable primarily as the parts of the building affected by the height breach are confined to the top localised sections of both the relevant terrace building and residential flat building with the overall builtform, height, bulk and scale of the proposed terrace housing and two apartment buildings remaining largely unchanged to that approved under DA 319/2008. Additionally, the breaches primarily arise as a consequence of the slope of the land and the resultant need for a semi-basement podium element to contain the carpark as required under the DCP – Defence Site Kingsford; the proposal overall is not considered to be visually intrusive or bulky; the development overall is considered to be consistent with the character of existing development; and the additional density and height will not give rise to any detrimental impacts to surrounding uses in terms of  ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal has a footprint/envelope predominantly similar to that approved under DA 319/3008, which essentially varies from the footprint/envelope controls in the DCP – Defence Site Kingsford. The variation has been assessed in Section 10 of this report and found reasonable and acceptable essentially for the following reasons:

 

·      The proposed building footprint/envelope provides for a better design outcome with an appropriate low building edge addressing Bundock Street instead of blank end walls of the U-shaped envelopes in the DCP.

·      The proposal results in a well laid out low to medium density terrace dwelling development on the larger western portion of the subject site compared with a potentially high density U-shaped residential flat building outcome under the DCP.

·      The proposed terrace-dwelling component within 5 blocks of terraces grouped around a generous central open space providing adequate landscaped gaps between residential buildings provides a more integrated and fluid layout than two U-shaped apartment blocks with their respective segregated courtyards. 

·      The proposal will still provide for view lines through the site consistent with viewing corridors available through the U-shaped DCP envelopes especially with the proposed reconfiguration of the northern terrace block to create a gap by splitting this block into two.

·      The breach in the building footprint for the apartment blocks is confined to the rear of the western apartment block away from the Gumara Street frontage and therefore will not be directly noticeable from the street and will have minimal impact on the streetscape along Gumara Street. 

·      The additional wall and building height in the two apartment blocks will be setback from the building perimeter particularly from the Gumara Street such that the excess building height will be less noticeable when viewed at street level along Gumara Street (as confirmed in a streetscape view analysis provided with the application).

·      The proposal will have minimal adverse impacts on the amenity of adjoining properties in terms of solar access, privacy and views.

 

The proposal was referred to the SEPP 65 Design Review Panel meeting in May 2009 and the Panel’s comments are addressed in Section 10.3.2.1 below.

 

Overall, the proposal is considered well-designed in terms of building layout, footprints and envelopes with a bulk, scale and height that will complement the existing Bundock Street and Gumara Street streetscape and integrate well with the existing Mirvac development in the Defence Site and the existing Department of Housing development to the north-east.

 

The application is recommended for approval subject to conditions.

 

2.      The Proposal

 

The proposal involves a Stage 2 development application for construction of 27 terrace houses with basement car parking for 54 vehicles, and two residential flat buildings (comprising one 3 storey building and one part 4/part 5 storey building) with semi basement carparking for 37 vehicles and associated site works pursuant to Section 83C of the Environmental Planning and Assessment Act 1979 (as amended). The 27 terrace houses will be distributed in 5 building blocks located on the western portion of the subject site (in Lots 24 and 25) while the 28 apartments are distributed in two residential flat buildings located on the eastern portion of the subject site (in Lot 26).

 

The proposed residential development will have the following key configurations:

 

A.     Terrace Blocks:

 

Basement

54 carparking spaces

Individual utility rooms (located at the end of carparking spaces and extending to the edge/limit of building line above with external doors where appropriate)

Pedestrian passage way linking northern section of the carpark with the southern section.

 

Garbage room

2 Carwash bays

Water tanks

OSD Tanks

 

Ground

Living, dining, kitchen and WC

 

First Floor Level

Master bedroom and ensuite

2 x bedrooms

WC

 

Loft level

Study/media room

 

B.     Apartment Blocks:

 

Combined Basement

 

37 carparking spaces

2 carwash bays

Garbage rooms

Gym

Lift & lobby

Plant/services Room

OSD tank

 

Western Apartment Block

 

Ground Floor (Split level)

3 x 1 Bedroom dwelling

2 x 2 Bedroom dwelling

1 x 3 Bedroom dwelling

 

First Floor (Split level)

3 x 1 Bedroom dwelling

2 x 2 Bedroom dwelling

1 x 3 Bedroom dwelling

 

Second Floor (Split level)

3 x 1 Bedroom dwelling

2 x 2 Bedroom dwelling

1 x 3 Bedroom dwelling

 

Third Floor (Split level)

2 x 3 Bedroom dwelling

 

Eastern Apartment Block

 

Ground Floor

2 x 3 Bedroom dwelling

 

First Floor

2 x 1 Bedroom dwelling

1 x 3 Bedroom dwelling

 

Second Floor

2 x 1 Bedroom dwelling

1 x 3 Bedroom dwelling

 

Carpark access will be provided via three separate entry/exit driveways off Gumara Street with two driveways serving the terrace dwelling carpark and one serving the apartment block carpark. No access will be taken to and from Bundock Street.

 

Pedestrian access will be available via a public path/stairway through the middle of the subject site (between Lots 25 and 26) linking Bundock Street with Gumara Street as required in the DCP – Defence Site Kingsford.

 

3.      The subject site and surrounding area

 

The subject site is located in the north-eastern part of the overall Stage 1A area of the Bundock Street Defence site. It comprises three allotments being Lots 24, 25 (referred to as the western section containing the proposed terrace dwellings) and 26 (referred to the eastern section containing the apartment dwellings) in DP 1053158. The subject site has frontages to Bundock Street to the north, Hendy Street to the west and Gumara Street to the south.

 

The subject land is generally bounded by the Mirvac “Esperance” development in land forming part of the original Stage 1A Defence development precinct to the south and west; by the Randwick Environmental Park to the south-east; by existing dwelling houses fronting Bundock Street and Hendy Avenue to the north; and Department of Housing apartment blocks to the east.

 

The western section (Lots 24 and 25) has a site area of 5458 sqm and the eastern section (Lot 26) has a site area of 2250 sqm, yielding a total combined site area of 7708 sqm for the whole subject site. There is no existing development on the subject site and falls sharply north to south from a RL of 36.72 at Bundock Street to RL 31.55 at Gumara Street. 

Figure 1 : Aerial view of subject site

 

4.      Site History

 

The original development application (DA 73/2008) for the Stage 1 development on the subject site primarily set building envelopes for the subject site. Approval was granted to the application at the Planning Committee meeting of the 30 June 2008

 

A Section 96(2) application to modify the development consent 73/2008 was approved on 21 October 2008, allowing for the following modifications:

 

·      Reconfiguration of the townhouses fronting Bundock Street to create an opening between 2 blocks and associated alterations to rooflines and floor levels in line with the intent of Condition No. 3 (a) of Part 1 of the Development Consent (which required the deletion of one dwelling unit to provide for a gap between the townhouse block fronting Bundock Street).

 

·      Separation of the approved development into three independent phases to allow parts of the subject site to be developed independently of each other.

 

A subsequent Stage 2 DA, DA No. 319/2008, for construction of 27 terrace houses with basement car parking for 54 vehicles, and two residential flat buildings comprising one 3 storey building and one part 4/part 5 storey building and containing a total of 20 apartments with semi basement carparking for 35 vehicles and associated site works was approved by Council on 11 November 2008.

 

The current Stage 2 DA is similar in builtform, height, bulk and scale to the proposal approved under DA No. 319/2008 but seeks to amend the mix of dwelling units within the proposed apartment blocks and to introduce, amongst other things, utility rooms and a gym in the proposed development.

 

The current Stage 2 DA is also consistent with the approved Stage 1 development and incorporates the subsequent approved modifications to this development.

 

The subject site forms part of the wider Bundock Street Defence site for which a Master Plan was adopted on 13 November 2001. This Master Plan details the sub-division and development of the Bundock Street Defence site primarily for residential, open space and community facility purposes, and the establishment of the Randwick Environmental Park.

 

Between 2003 and 2004, and in 2007, a number of development applications were lodged by Mirvac for residential development in the area referred to as the “Stage 1A” site of the Bundock Street Defence site, of which have been approved, culminating in the present development known as collectively as the Mirvac “Esperence” development. The only remaining portion of the Stage 1A site that has not been the subject of any approved DA for residential development is the subject site.

 

5.      Community consultation

 

The proposal was advertised and notified. Two submissions were received in response to the notification/advertising of the development application.

 

5.1    Objections

 

Proposed development does not address the corner of Hendy Avenue and Bundock Street and lacks fenestration to take advantage of northern sun

 

Comment: The corner treatment of the proposed terrace block at the intersection of Hendy Avenue and Bundock Street comprises well articulated terraces with stone, and rendered/painted masonry elements to Hendy Avenue which are appropriately distinguishable from the side elevation of this terrace block facing Bundock Steet. This distinction is appropriately for this corner and provision of some other form of corner treatment such as a curved, wrap-around or prominent element is not considered necessary given that its context is a low scale residential rather than town centre commercial. Furthermore, the current design treatment to the corner has been guided by advice from the Design Review Panel following the Panel’s review of the previous approved Stage 1 DA (DA 319/2008). The proposal provides for north facing balconies to first floor bedrooms and north-facing windows and terraces to north-orientated ground floor living areas in the terrace blocks fronting Bundock Street. Accordingly, adequate fenestration to take advantage of northern sun has been provided in the proposal. Overall, the proposal, with its terrace-dwelling component comprising 5 basic groups of terraces around a generous central open space linked further to landscaped gaps between the residential buildings complements and matches well with the existing residential development in the locality.

 

Potential damage due to excavation, piling and construction and the need for dilapidation reports

 

Comment : Appropriate conditions requiring excavation works to be properly guarded and supported to prevent these works from being dangerous to life, property and buildings will be applied should approval be granted. Specifically, standard conditions requiring, among other things, the following will also be applied:

 

·      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.

 

Additionally, a condition requiring dilapidation reports to be prepared for immediately surrounding properties will be applied should approval be granted.

 

Obstruction to drainage caused by the basement carpark for the terrace dwellings.

 

Comment : Concern has been raised by an objector regarding the potential detrimental impact of stormwater being dammed by the proposed basement carpark (and subterranean water diverting and infiltrating under the objector’s house) during storm events. Council’s Development Engineer has assessed this objection and advises that a similar objection was raised in the previously approved DA for the Stage 1 proposal. As advised in relation to that DA, the potential for stormwater flows to be obstructed by the basement carpark of the terrace dwellings is unlikely for the following reasons:

 

§ The drainage system for the proposed development will be required to be designed in accordance with the stormwater management plan adopted in the Master Plan for the Defence Site which essentially requires, amongst other things, that stormwater from Bundock Street and developed areas to the north of the Bundock Defence development site to be conveyed via pipes located within the new street system in the site to the Eastern detention Basin within the REP. This will ensure minimum impact on properties adjoining and surrounding the development site.

 

§ Significantly as well, the Eastern detention basin and its overland flow system are all located well down-stream of existing properties on Hendy Street and Bundock Street such that the flow in this system and its detention in the basin will not be conducive to any damming effect even with the development of the proposal which as indicated above has been appropriately planned for under the Master Plan for the Defence Site.

 

§ The proposed carparking basement for the terrace dwellings will be setback by a minimum 5.5m from the Bundock Street and 3m from the Hendy Street boundaries allowing for stormwater infiltration in these soft landscaping setbacks to occur. Above ground flows will discharge into overland flow paths on Hendy Street to be collected then into pipes located within the new street system in the site for disposal into the Eastern Detention Basin within the REP.

 

§ The proposed basement carpark will not be built to the Bundock Street and Hendy Street boundary above ground, that is, it does not involve the erection of any curtain wall directly on the Bundock Street and Hendy Street boundaries that would increase the volume and rate of flows along these streets during storm events. Accordingly, overland flows will be confined to the streets.

 

§ Fumes, noise, dust, vibration and pollution from excavation/ construction traffic waiting in and using residential streets

 

Comment : A condition will be applied requiring the applicant to lodge a traffic management plan for the excavation and construction phases of the proposed development. This plan will require measures that will be employed to ensure that all excavation/construction traffic uses only Bundock Street to access the subject site and not residential streets in the locality. A further condition will be applied preventing all excavation/construction traffic associated with the proposed development from using Ellen Street and Hendy Avenue.

 

6.1    Environmental Health comments

 

Council’s Environmental Health Officer advises that previous comments and conditions applied to the approved DA 319/2008 are applicable to the current DA. Accordingly, no objections are raised to the proposed development subject to conditions should consent be granted.

 

6.1 Building Comments

 

Council’s Building and Development Control Officer advises that previous comments and conditions applied to the approved DA 319/2008 are applicable to the current DA. Accordingly, no objections are raised to the proposed development subject to conditions should consent be granted.

 

6.2    Development Engineering Comments

 

The Development Engineer advises as follows:

 

“Landscape Comments

No existing vegetation occurs on-site. Standard landscape conditions have been imposed in this report.

 

Drainage Comments

The stormwater discharge from the site is not to exceed that which would occur for a 1 in 20 ARI year storm event for all storms up to the 1 in 100 year ARI event. Onsite stormwater detention is not specifically required for this area however the provision of an onsite stormwater detention system/s may be required to restrict flows to those nominated above.

 

Traffic Comments

The proposed parking provision for the development within 22-40 Gumara Street is in excess of Council’s requirements under DCP-Parking. The proposed parking provision for the development within 2-20 Gumara Street appears to comply with Council’s requirements under DCP-Parking, (should the apartments be 3 bedroom). General conditions requiring the applicant to comply with Council’s DCP-Parking for carspace numbers and AS 2890.1-2004 for design of the carpark have been included within this report.

 

General

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

 

Service Authority Comments

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

 

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

 

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

 

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

 

The proposed works are likely to be greater than $2 million however all services within the development site have been locate underground and there are no overhead cables in Bundock Street, fronting the development site.

 

Should the application be approved the following conditions shall apply:”

 

6.3    Building Comments

 

No objection has been raised to the development application in relation to building services subject to appropriate conditions.

 

7.      Master Planning Requirements

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan  for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent (the subject site exceeds 4,000 sqm being 7708 sqm in size). However, in amendments to the Environmental Planning and Assessment Act (Section 74D) in September 2005, where an LEP requires a master plan to be prepared and adopted for sites prior to grant of development consent (such as Clause 40A of the Randwick LEP), a DCP is now required to be prepared for such sites. Additionally, the September 2005 amendments to the EP&A Act provided for staged development applications to be lodged as an alternative to the preparation of DCPs for such sites (Section 83C which provides for the making and approval of a staged development application to satisfy the requirement). Accordingly, the applicant lodged a Stage 1 DA (DA No. 73/2008) pursuant to Section 83C of the EP&A Act. As indicated above, this Stage 1 DA was approved by Council on 10 June 2008.

 

Additionally, a Master Plan/Deemed DCP for residential uses, open space, community facility, streets, and infrastructure for the overall Defence Site in Bundock Street development precinct was adopted by Council on 13 November 2001.

 

8.      Relevant Environmental Planning Instruments

 

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

 

8.1    Randwick Local Environmental Plan 1998

The site is zoned Zone 2D – Residential D Comprehensive Development under Randwick LEP 1998 (Amendment No 23) which was gazetted on 9 May 2003. The proposed development will be permissible with Council’s consent under the zoning.

 

The following relevant clauses apply to the proposal (and are addressed in detail in Section 10.1 below):

 

Clause 30A Development of Certain Land in Zone No. 2D

Clause 30B Traffic and transport measures for Zone No. 2D

Clause 40  Excavation and filling of land

Clause 40A Master plans

Clause 42B     Contaminated Land

 

8.2    State Environmental Planning Policies

The following State Environmental Planning Policies are relevant to the proposal:

 

State Environmental Planning Policy No. 55 - Remediation of Land

State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development (SEPP 65)

 

9.      Policy Controls

 

The following policy controls are relevant to the application:

 

Development Control Plan – Defence Site Kingsford

Development Control Plan – Parking

 

10.    Environmental Assessment

 

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

 

10.1  Statutory Controls – S79C(1)(a)

 

10.1.1                 Randwick Local Environmental Plan 1998

 

Clause 30A (2)  Development of certain Land in Zone No 2D

The proposal complies with all the statutory controls applicable in land zoned No. 2D as identified in the built form control maps applicable to the specific site (in this case the Bundock Street Defence Site) as follows:

 

Control

Requirement

Proposal

Compliance

30A(2) – Max FSR

0.75:1 (5781 sqm)

1:1   (7729 sqm).

No (SEPP No.1 Objection submitted)

30A(3) – Landscape Area

40 per cent of site area

60 per cent of site area (4614 sqm)

Yes

 

 

 

 

 

 

 

 

 

 

Control

Requirement

Proposal

Compliance

30A(4) – Max Wall Height

Max 10.5m for the southern portion of Lots 24 and 25 and for the whole of Lot 26.

No max building height applicable in the northern portion (as only a max building height of 7m at Bundock Street frontage applies)

Terrace dwelling blocks:

Max 10.7m in the south elevation of the eastern terrace block in the  southern portion of lot 25 fronting Gumara Street.

 

 

Apartment blocks:

Max 14.8m to roof ridge for Western Apartment Block in Lot 26.

 

Max 12.4m to top of roof for Eastern Apartment Block in Lot 26.

 

No in the south elevation of the eastern terrace block in the southern portion of lot 25 fronting Gumara Street. (SEPP No.1 Objection submitted)

 

 

 

 

 

Western and Eastern apartment blocks exceed the wall height control. (SEPP No.1 Objection submitted)

30A(4) – Max Building Height

 

 

Max 12m for southern portion of Lots 24 and 25 and for the whole of Lot 26.

 

 

 

Max 7m at Bundock Street frontage for northern portion of Lots 24 and 25.

 

Terrace dwelling blocks:

Max12.2m in the south elevation of the eastern terrace block in the  southern portion of lot 25 fronting Gumara Street.

 

Max 7.2m above Bundock Street for the northern terrace block  fronting Bundock Street.

 

Apartment blocks:

Max 14.8m to roof ridge for Western Apartment Block in Lot 26.

 

Max 12.4m to top of roof for Eastern Apartment Block in Lot 26.

 

 

No in the south elevation of the eastern terrace block in the southern portion of lot 25 fronting Gumara Street. (SEPP No.1 Objection submitted)

 

No for the northern terrace block  fronting Bundock Street. (SEPP No.1 Objection submitted)

 

 

 

No for the

Western and Eastern apartment blocks fronting Gumara Street. (SEPP No.1 Objection submitted)

 

Clause 30A(2)            Floor space ratios

 

A floor space ratio of 0.75:1 is applicable to the subject site pursuant to Clause 30A (2) of Randwick Local Environmental Plan 1998. The proposal development has a FSR of 1:1.

 

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

 

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

 

The FSR control in question is a development standard contained in the Randwick LEP 1998.

 

2.      The underlying object or purpose of the standard

 

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

 

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

 

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

 

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

 

1.       It will promote the redevelopment of the subject site for a mix of terrace and apartment dwellings as envisaged in the DCP – Defence Site Kingsford Multi-unit Housing DCP for development type within Block 5 and Block 6 of the DCP area.

 

2.       It will contribute towards the implementation of the DCP – Defence Site residential location and design objectives contained in Section 3 of the DCP by, amongst other things, ensuring building bulk is compatible with surrounding builtform (see Section 10.3.2 below); ensuring that there is sympathetic transition to the prevailing scale and character of buildings in the neighbourhood (see Section 10.3.2.1 below); and minimising the impact of development on adjoining and nearby land and areas of natural heritage conservation significance (see Sections 10.3.2.2 below).

 

3.       The proposed non-compliance does not result in any inconsistencies with the objectives of the 2D zone in which the site is located as it will facilitate the redevelopment of land primarily for residential purpose; enable residential development in a variety of density and housing form where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area; and allow development that is not inconsistent with the Master Plan/Deemed DCP and DCP – Defence Site Kingsford.

 

4.       The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

The variation from the FSR control is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly economic use and development of the subject land in line with the Randwick LEP 1998.

 

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

 

It is considered that a development compliant with the prescribed FSR control would be unreasonable in the subject site in that it would not achieve a reasonable and efficient level of redevelopment for the subject land given the irregular shape and steep topography of the subject site.

 

In contrast, the proposed development would allow for a reasonable redevelopment of the land with a bulk and scale that would be visually compatible with surrounding buildings when viewed from Bundock Street. In particular, the considerations are pertinent in this regard:

 

·      The proposed terrace housing component (which remains unchanged in builtform, height, bulk and scale to that approved under DA 319/2008) will provide an appropriate interface with the existing low scale dwelling houses fronting Bundock Street to the north, the recent low to medium density Mirvac Esperence residential development in Stage 1A of the Bundock Defence site to the south and west; and

 

·      The two proposed residential flat buildings in the eastern triangular block (which essentially remains unchanged in builtform, height, bulk and scale to that approved under DA 319/2008) will provide an appropriate transition with the existing Department of Housing apartment blocks to the east.

 

·      The proposal provides an appropriate built edge that addresses Bundock Street to an appropriate bulk and scale especially with the proposed reconfiguration of the northern terrace block to create a landscaped gap by splitting this block into two.

 

·      A majority of the additional floor area will be confined to the basement level (previously approved under DA 319/2008) in the form of basement utility rooms and gym, which will not be discernible from the street and therefore has no impact in terms of visual bulk and scale.

 

·      The proposal results in a new development that generally will not have an adverse impact on the amenity of adjoining and neighbouring properties (as assessed in Section 10 below).

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets with the purpose of Clause 30A(2).

 

5.      Whether the objection is well founded.

 

The applicant has stated the following reasons in the SEPP 1 Objection as to why compliance with the FSR standard is unreasonable and unnecessary:

 

·      “The proposed development is considered to be appropriate to the surrounding locality of developments of 2 to 3 storey.

 

·      The non-compliance with the development standard relating to FSR provides superior amenity impacts to the proposed developments and the local vicinity in terms of housing mix and density, in keeping with the characteristics and has an appropriate presentation to all streets.

 

·      The proposed FSR has no impact on overshadowing as the section … taken through the highest point of the building containing residential units (the 4-metere wide, lift shaft/foyer) demonstrates.

 

·      The specific controls for the site anticipate multi-unit housing across the site with a height of 10-12 m on a currently vacant site. The mix of terrace and multi-unit housing is considered to appropriately blend with dwellings in Gumara Street and Department of Housing unit to the north-east.

 

·      It has been established through the Design Review Panel process and through resident consultation that the proposed siting and style of development is favoured over the potential form and type of development contemplated by the DCP (ie. 100% multi-unit housing with heights along the southern side of 10-12 metres).

 

Additionally, in the SEPP 1 Objection, the applicant has:

 

§  Articulated the underlying and stated objectives of the standard clearly.

 

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

 

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

 

It is considered that the SEPP 1 objection to the FSR standard is well founded and should be supported.

 

Clause 30A (4) Wall & Building heights

 

The proposal does not comply with the maximum building and wall height and storey controls of the Randwick Local Environmental Plan 1998 as follows:

 

 

Control

Requirement

Proposal

Compliance

30A(4) – Max Wall Height

Max 10.5m for the southern portion of Lots 24 and 25 and for the whole of Lot 26.

No max building height applicable in the northern portion (as only a max building height of 7m at Bundock Street frontage applies)

Terrace dwelling blocks:

Max 10.7m in the south elevation of the eastern terrace block in the  southern portion of lot 25 fronting Gumara Street.

 

 

Apartment blocks:

Max 14.8m to roof ridge for Western Apartment Block in Lot 26.

 

Max 12.4m to top of roof for Eastern Apartment Block in Lot 26.

 

No in the south elevation of the eastern terrace block in the southern portion of lot 25 fronting Gumara Street.

 

 

 

 

 

Western and Eastern apartment blocks exceed the wall height control.

30A(4) – Max Building Height

 

 

Max 12m for southern portion of Lots 24 and 25 and for the whole of Lot 26.

 

 

 

Max 7m at Bundock Street frontage for northern portion of Lots 24 and 25.

 

Terrace dwelling blocks:

Max12.2m in the south elevation of the eastern terrace block in the  southern portion of lot 25 fronting Gumara Street.

 

Max 7.2m above Bundock Street for the northern terrace block  fronting Bundock Street.

 

Apartment blocks:

Max 14.8m to roof ridge for Western Apartment Block in Lot 26.

 

Max 12.4m to top of roof for Eastern Apartment Block in Lot 26.

 

 

No in the south elevation of the eastern terrace block in the southern portion of lot 25 fronting Gumara Street.

 

No for the northern terrace block  fronting Bundock Street.

 

 

 

No for the

Western and Eastern apartment blocks fronting Gumara Street.

 

 

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with clause 30A (4) of Randwick LEP No 1998 is unreasonable and unnecessary. In assessing the applicant’s SEPP No. 1 objection the following matters are addressed:

 

 

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

 

The building and wall height controls in question are development standards contained in the Randwick LEP 1998.

 

2.      The underlying object or purpose of the standard

 

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

 

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

 

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

 

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

 

1.       It will promote the redevelopment of the subject site for a mix of terrace and apartment dwellings as envisaged in the DCP – Defence Site Kingsford Multi-unit Housing DCP for development type within Block 5 and Block 6 of the DCP area.

2.       The breach in the wall and building height standard is localised in a section of the proposed apartment blocks in Lot 26, specifically, in the centre of the builtform to the top of the roof and where the fall in level in the subject site is at the most extreme.  Accordingly, the proposal contributes towards the implementation of the DCP – Defence Site Kingsford site planning objectives in taking into account the nature of local conditions, constraints and opportunities in the design of development and responds to the topography of the site and its surrounds competently.

3.       The breach in the building height standard in Lots 24 and 25 of the subject site is confined to:

 

(1)      the top of roof over the loft/attic section of the eastern terrace block fronting Gumara Street (200mm above the 12m building height limit) and arises as a consequence of the need to provide an appropriate sandstone podium wall for the carpark of the proposed development under the DCP – Defence Site Kingsford

(2)      the top of roof over the loft/attic section o f the northern terrace block fronting Bundock Street (200mm above the 7m building height limit) and arises as a consequence of the fall of the land along Bundock Street.

 

The breach in the building heights is minor, amounting to approximately 200mm in both cases, and do not obstruct the attainment of the development objectives of the DCP – Defence Site Kingsford including that of ensuring building bulk is compatible with surrounding builtform (see Section 10.3.2 below); ensuring that there is sympathetic transition to the prevailing scale and character of buildings in the neighbourhood (see Section 10.3.2.1 below); and minimising the impact of development on adjoining and nearby land and areas of natural heritage conservation significance (see Sections 10.3.2.2 below).

4.       Despite the non-compliances with the height standards, the proposal does not result in any inconsistencies with the objectives of the 2D zone in which the site is located as it will contribute towards the variety of housing types in the area and enable residential development of medium density form where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area.

5.       The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

The variation from the wall and building height standard is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly economic use and development of the subject land in line with the Randwick LEP 1998.

 

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

 

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

 

·      It would preclude the redevelopment of the site for a reasonable residential multi-unit housing development that would create an appropriate infill between neighbouring buildings providing for harmony and continuity in the streetscape and has a bulk and scale that would be visually compatible with surrounding buildings when viewed from Bundock Street and Gumara Street.

·      The breach in height limit will be confined to localised sections of the proposed terrace dwellings and the mid-section of the proposed apartment blocks and thus will not be visually intrusive when viewed from Bundock Street and Gumara Street.

·      A measure as to the suitability of the development is the extent of impact to adjoining properties in terms of overshadowing. The sections of the building in which the breach in wall and building height standard occurs does not give rise to the additional overshadowing impacts to the southern adjoining property along Gumara Street as indicated in the accompanying shadow diagrams. The proposal will also have minimal impact in terms of loss of privacy and views (see Section 10.3.2.2 below)

·      The proposed development meets the stated and underlying objectives of the height standard. As such it is unnecessary and unreasonable to enforce the height standard in the circumstances of the case.

·      The increase in the wall and building height arises from the steep topography of the subject site but results in a series of building envelopes that will not give rise to any significant adverse overshadowing impacts, view loss, privacy or visual impacts on adjoining and surrounding properties.

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets with the purpose of Clause 30A (4).

 

5.      Whether the objection is well founded.

 

The applicant has stated the following reasons in the SEPP 1 Objection as to why compliance with the wall and building height standard is unreasonable and unnecessary:

 

·      “The proposed non-compliance is located in the centre of the site, which is a result of the site’s topography.

 

·      The development will not result in any adverse impact such as overshadowing, privacy impacts or significant view loss. Solar access is maintained to the north facing properties on the southern side of the site.

 

·      The proposal follows the existing ground line which decreases significantly from north to south (Bundock to Gumara Street).

 

·      The potential impact of the proposal’s non-compliant height is further mitigated as the development is setback to reduce the bulk when viewed from both the dwellings to the south and those at Bundock Street to the north.

 

·      The Department of Housing units to the north-east of the site are elevated above the proposal by a significant degree which results in the outlook from these dwellings not being impacted by the application.”

 

Additionally, in the SEPP 1 Objection, the applicant has:

 

§  Articulated the underlying and stated objectives of the standard clearly.

 

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

 

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

 

It is considered that the SEPP 1 objection to the wall and building height standard is well founded and should be supported.

 

 

Clause 30B        Traffic and transport measures for Zone No. 2D

 

The proposal complies with the statutory requirement of this clause as follows:

 

Control.

Requirement

Proposal

Compliance

30B(2) –Traffic and transport measures for Zone 2D

Relevant traffic or transport measures for land in Zone 2D is to be met.

The proposal will provide a total of 91 basement carparking spaces – one space more than that approved under DA 319/2008. The SEE indicates that the impact of traffic generation from 91 new carparking spaces can be accommodated in the surrounding streets. The applicant’s traffic assessment indicates the estimated peak hour generation will be approx 31 vehicular trips per hour equivalent to less than a single trip per minute which is considered to be a moderate generation. This increase in traffic generation will be commensurate with the total traffic generation rate predicted in the approved Defence site Master Plan by TraffixPty. Additionally, traffic measures in surrounding streets already required as condition of consent for earlier Defence Site DAs for Stage 1A (DA 0427/00) and Stage 2&3 (DA 0062/03).

Yes

 

 

Clause 40           Excavation and filling of land

Clause 40 of the RLEP contains provisions for undertaking of excavation and filling of land. The proposal will require earthworks to be undertaken to construct foundations and basement carpark for the building. The works are required to make the site functional for the proposed development but will not result in any detrimental impact on the topography of the site; is unlikely to interrupt the drainage patterns of the site or result in soil instability; and will not adversely impact upon the scenic quality of the site and locality subject to appropriate drainage and building conditions should approval be granted. Accordingly, the proposal is acceptable in relation to the provisions of Clause 40.

 

Clause 40A        Master plans

The master plan requirements of Clause 40A are addressed in Section 7 above.

 

 

Clause 42B     Contaminated Land

Clause 42B requires that land for any proposed development must be suitably remediated for the intended use with appropriate evidence of validation and remediation to be provided with the DA. An unconditional Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to and signed-off by Council for the site pursuant to SEPP 55 (see next section below). The SAS states that the remediated land is at an asbestos free/undetectable level as confirmed in writing by NSW Department of Health. 

 

10.1.2                 Relevant State Environmental Planning Policies– Section 79C(1)(a)

 

State Environmental Planning Policies that are relevant to the proposal are:

 

SEPP 55 –Remediation of Contaminated Land

This SEPP provides a state wide practice for the remediation of contaminated land. An unconditional Site Audit Statement (SAS) together with a Summary Site Audit Report (SSAR) of the Stage 1A site have been submitted to and signed-off by Council for the site pursuant to SEPP 55 (see also next section 10.3.4 below). The SAS states that the remediated land is at an asbestos free/undetectable level as confirmed in writing by NSW Department of Health. 

 

SEPP 65 – Design Quality of Residential Flat Development (SEPP 65)

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. The application has been considered by the Design Review Panel.

 

SEPP 2004 – Application of Development Standards

The Draft SEPP 2004 seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce new provisions for assessing whether flexibility of a planning standard are acceptable or not.

 

Clause 7 of the Draft SEPP specifies that an application for departure from a development standard must demonstrate that the departure will result in a better environmental planning outcome than that which could have been achieved on the site had the standard been complied with and that the proposed development will be in the public interest by being consistent with any aims and objectives expressed or implied from the zone, the development standard, or any relevant environmental planning instrument. The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the Draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however, it is considered that the proposal results in a better environmental outcome on the site than that which could have been achieved had the standards been complied with due to its design quality,

 

10.2  Policy Controls – Section 79C(1)(a)

 

DCP – Defence Site Kingsford

The proposal does not comply with the maximum FSR and height controls and building footprint and envelope controls of the DCP – Defence Site Kingsford (adopted on 21 May 2003) as indicated in Figures 10.1 and 10.3 of the DCP.  The variations from the maximum FSR and height controls have been addressed in the assessment of the SEPP No.1 objections in Section 10.1 above.

 

Proposal varies from the designated building footprints and envelopes in Figures 10.1 to 10.3 of the DCP as follows:

 

·      Five groups of terrace dwellings located around a common  landscaped area are proposed instead of the two U-shaped footprints framing two central courtyards

 

·      Two residential flat buildings (eastern and western apartment blocks) instead of one linear east-west footprint in the eastern triangular section of the subject site.

 

The variations from the building footprint and envelope controls are considered reasonable and acceptable for the following reasons:

 

·      The proposed building footprint/envelope provides for a better design outcome for the subject site by providing for an appropriate low building edge and address to Bundock Street instead of potentially blank end-walls of the U-shaped envelopes in the DCP.

 

·      The breach in the building footprint is confined to the rear of the western apartment block away from the Gumara Street frontage and therefore will not be directly noticeable from the street and will have minimal impact on the streetscape along Gumara Street. 

 

·      The additional wall and building height in the two apartment blocks will be setback from the building perimeter particularly from the Gumara Street such that the excess building height will not be perceptible when viewed at street level along Gumara Street (as confirmed in a streetscape view analysis provided with the application).

 

·      The proposal results in a well laid out low to medium density terrace dwelling development on the larger western portion of the subject site compared with a potentially high density U-shaped residential flat building outcome under the  DCP.

 

·      The proposed terrace-dwelling component within 5 blocks of terraces grouped around a generous central open space providing adequate landscaped gaps between residential buildings provides a more integrated and fluid layout than two U-shaped apartment blocks with their respective segregated courtyards. 

 

·      The proposal will still provide for view lines through the site consistent with viewing corridors available through the U-shaped DCP envelopes especially with the proposed reconfiguration of the northern terrace block to create a gap by splitting this block into two.

 

·      The proposal will have no direct impact on the amenity of adjoining properties in terms of solar access, privacy and views (see Section 10.3.2.2 below).

 

In relation to the residential flat buildings in the eastern triangular section of the subject site, the variation from the DCP footprint and envelope will occur primarily in the northern section of the western apartment block where this building exceeds the footprint. The variation from the DCP building envelope is considered reasonable and acceptable for the following reasons:

 

·      The residential flat buildings will be located in an awkward section of the subject site comprising a triangular western block which would lend itself to residential flat development.

 

·      The proposed residential flat buildings will be consistent in bulk and scale to the existing Department of Housing apartment blocks to the north-east

 

·      A substantial amount of deep soil landscaped area will be provided between the proposed residential flat buildings and the Department of Housing apartment blocks to the north east which will be separated by a distance of approximately 20m.

 

·      The proposed residential flat buildings are located at a minimum distance of 25m from the closest residential property on the opposite side of Gumara Avenue and minimum 30m from the Randwick Environmental Park to the south. Accordingly, the buildings are sufficiently removed from adjoining residences and the REP to have any significant impact on the amenity of these adjoining properties.

 

·      The proposed residential flat buildings will not reduce the available hours of solar access for the existing residential properties on the southern side of Gumara Avenue to less than the required 3 hours in mid-winter

 

9.2    Development Control Plan - Parking

 

Compliance with DCP – Parking

USE

REQUIREMENT (DCP – Parking)

PROPOSED NUMBER AND/OR FLOOR AREA

REQUIRED PROVISION

PROPOSED PROVISION

 

1 space per one bedroom dwelling 

13 x one bedroom units

13 spaces

 

 

1.2 spaces per two bedroom dwelling

6 x two bedroom units

7.2 spaces

Condition  will be applied indicating allocation to residential units and visitors.

 

1.5 spaces per three bedroom dwellings

36 x three bedroom dwellings proposed

54 spaces

 

 

Visitor:

1 space per 4 units

Total dwellings = 55

13.7 spaces

 

TOTAL

 

 

88 spaces

91 spaces

 

The proposal complies with the numerical requirements for carspaces in the DCP – Carparking. A condition will be applied requiring details of allocation of the carspaces to residential units and visitors.

 

10.3 Likely impact of the development - S79C(1)(b)

 

10.3.1 Natural Environmental Impacts

The subject site is a vacant site having been the subject of Department of Defence’s demolition and earth works and was previously used as a construction yard by Mirvac for its Esperence development. As such, there are no threatened species, populations or ecological communities or habitats that would be affected by the proposed development either within, or in the vicinity of, the development site.

 

The Randwick Environmental Park, containing Eastern Suburbs Banksia Scrub, is located approximately 30m to the south at the end of Gumara Avenue.  The proposal will have no effect on this bushland in terms of overshadowing.

 

10.3.2  Built Environmental Impacts

 

10.3.2.1    Urban Design

 

As with the approved Stage 2 proposal under DA 319/2008, the current subject proposal is consistent with the building envelopes, footprints and setbacks approved under the Stage 1 DA and includes an opening between 2 blocks of townhouses fronting Bundock Street, and associated alterations to rooflines and floor levels consistent with the Section 96 modification to DA 319/2008 approved by Council on 21 October 2008. The proposed opening will further break down the bulk and scale of the proposal to Bundock Street and provide a landscaped corridor that will link with the common central private open space of the terrace blocks.

 

The terrace component will include the provision of a loft/attic space for each terrace dwelling. This loft/attic element will be confined to small area of the roof and setback from the front, rear and side building lines of each terrace allotments so as not be visually intrusive.

 

The two apartment blocks in the eastern triangular block will have a height, bulk and scale that will not be visually intrusive or over bearing in relation to the outlook of adjoining properties especially given the significant slope of the land and its relatively secluded location in the north-eastern corner of the overall Bundock Street Defence Site and its appropriate transition in scale with the existing Department of Housing apartment blocks to the east.

 

The proposal was referred to the SEPP 65 Design Review Panel for comments in May 2009. The Panel’s comments are listed (in italics) below (followed by Council’s comments wherever necessary):

 

“PANEL COMMENTS

 

It was noted that this was a Development Application and the third Panel meeting with the applicant since the DA was lodged.

 

This application is for amendments to an already approved proposal that the Panel has seen on a number of occasions during design development. The Panel supported the previous application.  The comments made below only address the proposed changes.

 

The proposed changes are:

 

·      Provision of Utility rooms within the basement below the townhouses and a gym below the apartments at the eastern end of the site.  All of these are essentially internal.  Although they increase the measured FSR, they do not increase apparent bulk.

·      A change in unit mix (including some smaller units) increases the number of units from 20 to 28, but reduces the number bedrooms from 55 to 52.  This would take place within the approved building envelope.  The proposed units are well planned.

 

1.      Relationship to the Context of the Proposal

 

This is not changed

         

2.         The Scale of the Proposal

 

This is not changed

 

3.         The Built Form of the Proposal

 

This has only altered in very minor respects that have no externalities.

 

4.         The Proposed Density

 

The additional floor space, represented by an increase of 0.12:1 (applicant’s calculation) is due to the provision of below ground provision of utility rooms and a gymnasium.  Apart from the provision of access doors within the entry area to some of the townhouses, it will have no external effects.

 

5.         Resource and Energy Use and Water Efficiency

 

The number of apartments with dual aspect have been reduced.

 

6.         The Proposed Landscape

 

No change.

 

7.      The Amenity of the Proposal for its Users

 

The proposed additional utility rooms will increase the amenity of the townhouses.

 

The proposed gymnasium will increase amenity for the residents of the development.

 

The proposed floor plan of the smaller units replacing larger ones is satisfactory.

 

8.      The Safety and Security Characteristics of the Proposal

 

No change.

 

9.      Social issues

 

The provision of the proposed utility rooms should increase the sale-ability of the development, which is desirable in its location.

 

The altered apartment layout and provision of the smaller units proposed increases the diversity of unit types in the development, which the Panel considers to be desirable. 

 

10.    The Aesthetics of the Proposal

 

No change.

 

SUMMARY AND RECOMMENDATIONS

 

The Panel considers that the proposed changes improves this development and supports its approval.”

 

Comment: The SEPP 65 Panel has had the benefit of a comprehensive review of the proposed development from the Prelodgement DA stage through to the approved Stage 1 DA (DA No. 73/2008) and the previously approved Stage 2 DA No. 319/2009. The applicant through this long process has made all necessary changes to


the proposal as encapsulated in the current application and accordingly confirmed in the endorsement of the Panel.

 

10.3.2.2    Impact on adjoining development

 

The applicant has submitted shadow diagrams for the indicative building envelopes which show that, in terms of the overshadowing impacts within the proposed development, the proposal will comply with the solar access requirements for 1 and 2 storey developments detailed in the DCP – Defence Site Kingsford as follows:

 

·      The principal living room is to have at least 2 hours sunlight reaching 2 sqm of glazing to that room between 9.00am and 3.00pm on June 21

·      Sunlight is to be available to the principal area of ground level private open space for at least 2 hours between 9.00am and 3.00pm on June 21

 

For development of 3 storey and more, the DCP requires that “75% of residential units are to have one living room which has at least 2 hours of sunlight reaching 2 sqm of glazing to that room between 9:00am and 3:00pm on June 21”. This criteria is considered achievable in the proposal for the following reasons:

 

·      The significant separation distance between the two residential flat buildings in excess of 10m allows for considerable solar access to occur between the opposite sides of the two buildings.

 

·      Most dwelling units within the two proposed residential flat buildings have been designed with living areas having a north-facing glazed wall given that the two buildings achieve a moderate building depth generally consistent with the DCP Max 12m primary building zone depth.

 

·      The potential for north-facing glazed wall to be provided for living areas in each apartment will be enhanced by the possibility of each apartment in the proposed western apartment block having at least two aspects and each apartment in the eastern apartment block having three aspects.

 

The shadow diagrams for the winter solstice show that in the winter morning, the proposal will overshadow the front yards and part of the north-facing wall of the residential properties at No. 1 to No 5 Gumara Street (ie., the existing Mirvac built dwellings on the southern side of Gumara Street). By winter noon the existing properties on Gumara Street will be free from overshadowing from the proposed development with overshadowing falling predominantly on the Gumara Street road reserve. By 3:00pm overshadowing from the proposed development will shift eastward with shadows casted predominately on the eastern end of the Gumara Street road reserve and the northern tip of the REP.

 

As with the approved Stage 2 proposal under DA 319/2008, the current proposal is not considered to impact upon the privacy of adjoining properties and, internally, upon the privacy of the proposed development itself, for the following reasons: 

 

·      The living areas of the terrace dwellings will be located on ground level and at a significantly lower ground level than that of the existing residential properties on the northern side of Bundock Street.

 

·      The terrace dwellings will have a adequate separation distance (to mitigate any potential loss of privacy) of approximately 25m to the existing Gumara Street properties; and in excess of 25m to the closest existing residential property on the northern side of Bundock Street.

 

The residential flat buildings will have adequate separation distance (to mitigate any potential loss of privacy) of:

 

·      approximately 18m to the closest Department of Housing apartment block to the north of the subject site given that the proposal will provide a wide strip of soft/deep-soil landscaping along the common northern boundary to the Department of Housing land.

 

·      approximately 25m to the existing Gumara Street properties;

 

In terms of loss of views, while the proposed terrace dwellings fronting Bundock Street depart from the DCP – Defence Site Kingsford provisions for U-shaped building footprints/envelopes on the subject site, the impact of the proposal on district views from Bundock Street are acceptable as the applicant provided a comparative view analysis across the subject site from key existing properties on the northern side of Bundock Street as part of the Stage 1 DA. Assessment of this view analysis essentially indicated that the effect of the proposed terrace dwellings on view loss would be minimal when compared with that generated by the allowable DCP builtform in that the current proposal maintains the 5 groupings of terrace dwellings with landscape gaps that allow for views across the subject site akin to that provided for under the DCP (particularly between the east-west blocks and the north-south blocks). The current DA maintains the gap between the terrace blocks fronting Bundock Street thus splitting this group into two blocks to break the bulk and scale of the proposal to Bundock Street, and accordingly allow for a view corridor, in accordance with the recommendation of the SEPP 65 Design Review Panel. The resultant 5 groupings of terrace dwellings will allow for a residential scale and rhythm that would relate reasonably well to the pattern of elevated houses on the opposite northern side of Bundock Street.

 

10.3.3                 Ecologically Sustainable Development

 

As with the approved Stage 2 proposal under DA 319/2008, the current subject proposal will achieve ESD principles primarily by:

 

·      Proposing future terrace dwelling layouts that all allow for cross-ventilated dual aspects and maximisation of  internal solar access.

·      Each apartment in the proposed western apartment block will have at least two aspects and each apartment in the eastern apartment block having three aspects thus allowing for appropriate cross ventilation and solar access. 

·      Facilitating future residential development on surplus under-utilised land and placing these residential uses close to existing urban services and facilities including public bus routes thus assisting in the reduction of greenhouse gases

·      Proposing terrace lot sizes that, in conjunction with building footprints, can accommodate 5,000 litre rainwater tanks

·      Retention of almost 50 per cent of the site as private and public open space

 

A BASIX assessment of the proposal has been provided which indicates that compliance with the required multi-unit housing targets for water saving, energy consumption and Thermal comfort. Overall, the proposal is considered appropriate in terms of ESD principles and is consistent with the requirements of the Local Government Amendment (Ecologically Sustainable Development) Act 1997.

 

10.3.4                 Site Remediation

 

On 15 November 2002, the applicant’s Site Auditor, Mr Ross McFarlane, provided Council with a Site Audit Statement indicating that the Stage 1A site was not subject to any asbestos fibre concerns and that the site is suitable for the land-uses nominated. Accordingly, the requirement of the deferred commencement consent for DA 0427/2002 for the sub-division and associated infrastructure works for Stage 1A of the Defence site (of which the subject site is a part) has been met and the use of the site for the subject proposal is suitable and can proceed should approval be granted.

 

10.4           Site Suitability

 

The subject site is part of the developable land within the Bundock Street Defence Site which is identified in the Master Plan/Deemed DCP adopted by Council on 13 November 2001. In doing so, Council considered the suitability of a range of proposed landuses and their location within the site. The proposal generally is consistent with the terms of the master plan and, as demonstrated above, will not have an adverse impact on any item of environmental, heritage or cultural significance.

 

The site has been remediated in accordance with the relevant standards for residential development contained in the Contaminated Lands Management Act 1997. A site audit statement (SAS) has been issued for the subject site (and the surrounding Stage 1A land) on 15 November 2002.

 

10.5Any submissions made –  S79C(1)(d)

 

The proposal was advertised and notified from 15 April 2009 to 29 April 2009. Issues raised in the two submissions received have been addressed in relevant sections of this report as indicated in Section 5 above.

 

10.6 The public interest – S79C(1)(e)

 

As with the approved Stage 2 proposal under DA 319/2008, the proposed development is consistent with the Master Plan/deemed DCP and the DCP - Defence Site Kingsford and will provide the local community with a form of high quality housing and takes advantage of its proximity to the full range of urban facilities and services available to the site. As a consequence, the proposal will have a positive social benefit for the local community and is considered to be in the wider public interest.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 5:      Excellence in urban design – The proposal has a good layout to complement the visual character and streetscape in this part of the Bundock Street Defence site.

 

Direction 5a:    Improved design and sustainability across all developments. 

 

Outcome 11:    A healthy environment – The proposal will promote the principles of environmental sustainable development (including solar access, cross ventilation and energy efficiency) and occur on land that will be suitable for its intended use as required under SEPP No. 55 - Remediation of Contaminated Land.

 

Direction 11a:   Council is a leader in fostering sustainable practices.  

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is for a Stage 2 development application for construction of 27 terrace houses with basement car parking for 54 vehicles (Terrace Blocks), and two residential flat buildings (Apartment Blocks) comprising one 3 storey building (Eastern Apartment Block) and one part 4/part 5 storey building (Western Apartment Block) with semi basement carparking for 37 vehicles and associated site works.

 

The subject DA follows on from an earlier Stage 1 DA for the subject site which set building envelopes, footprints and setbacks for a concept proposal terrace houses and apartments and carparking for 90 vehicles (pursuant to Section 83C of the Environmental Planning and Assessment Act 1979) approved by Council on 10 June 2008. 

 

The Stage 2 proposal is considered to be consistent with the Stage 1 consent and the subsequent Section 96(2) modification to that consent approved on 21 October 2008.

 

The proposal does not comply with the maximum FSR and maximum wall and building height standards applicable to the subject site under the Randwick LEP 1998 to which the applicant has submitted SEPP No. 1 objections. The SEPP No. 1 objections have been assessed and found acceptable as the proposal, amongst other things, will be consistent with the planning objectives for the locality; is not considered to be visually intrusive or bulky; and is considered to be consistent with the character of existing development. Furthermore, the additional density and height will not give rise to any detrimental impacts to surrounding uses in terms of  ventilation, sunlight, privacy, views, traffic and parking impacts.

 

The proposal varies from the provisions of the DCP – Defence Site Kingsford primarily in terms of the footprint/envelope controls applicable to the subject site. The variation has been assessed in Section 9 of this report and found reasonable and acceptable.

 

 

Recommendation

 

A.       That Council support the objection under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 30A(2) and 30A(4) of the Randwick Local Environmental Plan 1998 (as amended), relating to maximum floor space ratio and maximum wall and building 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/187/2009 for Stage 2 development application for construction of 27 terrace houses with basement car parking for 54 vehicles and basement storage/utility rooms; and two residential flat buildings (comprising one 3 storey building and one part 4/part 5 storey building) both containing a total of 28 dwelling units (13 x 1 bedroom, 6 x 2 bedroom and 9 x 3 bedroom) with semi basement car parking for 37 vehicles, basement gym and associated site works at 2-40 Gumara Street, Randwick, subject to the following conditions:-

 

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

 

1.       The development must be implemented substantially in accordance with the plans/diagrams numbered A-001 Revision 4, A-101 Revision 13, A-200 Revision 16, A-201 Revision 18, A-202 Revision 12, A-203 Revision 12, A-204 Revision 11, A-205 Revision 11, A-206 Revision 11, A-207 Revision 11, A-208 Revision 6, A-209 Revision 6, A-210 Revision 15, A-211 Revision 17, A-212 Revision 16, A-213 Revision 11, A-214 Revision 16, A-215 Revision 11, A-216 Revision 7, A-301 Revision 12, A-302 Revision 12, A-303 Revision 13, A-304 Revision 12, A-305 Revision 13, A-306 Revision 11, A-307 Revision 11, A-308 Revision 13, A-350 Revision 15, A-351 Revision 17, A-352 Revision 15, A-353 Revision 14, A-354 Revision 13, stamped received by Council on 15 May 2009, and the application form, and on any supporting information received with the application, except as may be amended by the following conditions and/or as may be shown in red on the attached plans:

 

2.       Details of the external colours, materials, textures and finishes of the proposal in the form of a comprehensive sample board linked and coded to a coloured elevation and/or street perspective shall 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.

 

3.       The reflectivity index of glass used in the external façade of the development must not exceed 20 percent.  Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

4.       Street and unit numbering must be provided to the premises in a prominent position, in accordance with the Australia Post guidelines and AS/NZS 4819 (2003) to the satisfaction of Council, prior to an occupation certificate being issued for the development. In this regard, an application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issue of the Occupation Certificate.

 

5.       There must be no encroachment of the structures including eaves, gutters, hoods and similar structures or attachments onto any adjoining premises or onto Council’s road reserve, footway or public place, unless permission has been obtained from the owner/s of the adjoining land accordingly.

 

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

 

7.       The proposed provision of 91 carspaces shall be allocated to individual dwelling units in accordance with appropriate dwelling sizes (defined by number of bedrooms), and to visitors, as required in the DCP – Parking. Details shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

8.       Each of the tandem carparking spaces shall be allocated to the same 2 or 3 bedroom unit.

 

9.       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.

 

10.     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.

 

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

 

12.     The eastern building wall adjacent to the vehicular crossing to the carpark of the proposed residential flat buildings (in Lot 26) shall be relocated/setback to provide satisfactory sight lines to Gumara Street. Details shall be submitted to and approved by Council ’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

13.     Details of all proposed recycled water systems including rainwater tanks and  greywater systems provided in class 2 to 9 developments, indicating compliance with the relevant requirements and guidelines of the NSW Department of Water & Energy and NSW Department of Health, shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

14.     The location and height of the discharge of mechanical ventilation and exhaust systems are required to satisfy the relevant provisions of the Building Code of Australia and AS 1668 and details are to be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

15.     An excavation, piling and construction traffic management plan showing the measures that will be employed to ensure that all construction traffic uses only Bundock Street to access the subject site and not residential streets in the locality shall be submitted to and approved by Council’ s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

16.     The applicant shall conduct a traffic safety analysis for the stretch of Bundock Street which fronts the subject site and submit the traffic safety analysis to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. Any measures identified by the analysis to ensure the safety of pedestrian, traffic and residents, and approved by Council’s Traffic Committee, shall be installed by the applicant at no cost to Council.

 

17.     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 applicant must liaise with Energy Australia to determine whether or not an electricity substation is required for the development. The proposed location and elevation of any required electricity sub-station shall be shown on all detailed site and landscape drawings and specifications and submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

18.     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.

 

19.     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.

 

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 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 maintain reasonable levels of environmental amenity and public health safety.

 

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

 

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

 

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

 

23.     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)   $5000.00   - 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:

 

24.     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 three full width concrete heavy duty vehicular crossings and laybacks at kerb opposite the vehicular entrances to the site.

 

b.       Remove any redundant concrete vehicular crossing and layback and to reinstate the area with concrete footpath, turf and integral kerb and gutter to Council's specification.

 

c.       Construct a minimum 1.5 metre wide concrete footpath along the full Gumara Street site frontage. Any unpaved areas on the nature strip must be turfed and landscaped to Council’s specification.

 

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

 

e.       Construct the topcoat wearing course for that section of Gumara Street fronting the development site.

 

f.        Install street trees along the Bundock Street and Gumara Street site frontages. The street tree species, location and specification for the tree surrounds, (in particular the specification for any trees within the Gumara Street pavement), shall be to Council’s satisfaction.

 

g.       Construct a footpath through the development site and within sections of Bundock Street and Gumara Street, linking the new/proposed Bundock Street footpath with the Gumara Street footpath. Suitable easements for access must be created by the applicant over the footpath prior to the issuing of an Occupation Certificate.

 

h.       Install safety measures in Bundock Street, (including any safety barriers), as determined necessary by Council’s Manager Integrated Transport to minimize the potential for vehicle / pedestrian conflict. Particular emphasis will be placed on the section of Bundock Street adjacent to the north-east corner of the development site, (i.e. on the existing bend in Bundock Street).

 

25.     Prior to the issuing of an Occupation Certificate the applicant must meet the full cost for Council to design a concrete median in Bundock Street, at the intersection of Bundock Street and Hendy Avenue. The concrete median must restrict north bound traffic in Hendy Avenue, (south of Bundock Street), from turning right into Bundock Street or travelling straight into Hendy Avenue, north of Bundock Street. The applicant is advised that Council is also considering the option of using the median to restrict right turn movements into Hendy Avenue from Bundock Street for eastbound vehicles.

 

26.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to construct the above referenced concrete median in Bundock Street, at the intersection of Hendy Avenue.

 

27.     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.

 

28.     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.

 

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

 

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

 

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

 

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

 

31.     The driveway opening at the Gumara Street frontage for the proposed development within 2-20 Gumara Street must be a minimum of 5.5 metres wide and located at least 1.5 metres clear of the side property. The internal driveway and carpark area must be designed for 2 way traffic movements. The carpark area (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

32.     The driveway opening at the Gumara Street frontage for the proposed development within 22-30 Gumara Street must be a minimum of 5.5 metres wide and located at least 1.5 metres clear of the side property. The internal driveway and carpark area must be designed for 2 way traffic movements. The carpark area (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

33.     The driveway opening at the Gumara Street frontage for the proposed development within 32-40 Gumara Street must be a minimum of 5.5 metres wide and located at least 1.5 metres clear of the side property. The internal driveway and carpark area must be designed for 2 way traffic movements. The carpark area (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004.

 

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

 

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

 

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

 

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

 

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

 

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

 

·      2.5% above the top of the kerb level at all points opposite the kerb, along the full Gumara Street site frontage.

 

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

 

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

 

38.     The design alignment level at the Bundock Street property boundary for driveways, road pavements, access ramps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator prior to lodgement of the Construction Certificate Application. 

 

Any enquiries regarding this matter should be directed to Council’s Assets & Infrastructure Services Department. The design alignment level at the property boundary must be strictly adhered to.

 

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

 

40.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $7710 calculated at $44.00 (inclusive of GST) per metre of site frontage to Gumara Street. This amount is to be paid prior to a construction certificate being issued for the development.

 

41.     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 the proposed footpath construction at this location.

 

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

 

42.     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.

 

43.     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.

 

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

 

45.     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.

 

46.     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:

 

47.     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. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

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

 

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

 

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

 

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

 

i. Roof areas

ii. Paved areas

iii. Grassed areas

iv. Garden areas

 

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

 

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

 

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

 

48.     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.

 

49.     All site stormwater must be discharged (by gravity) to the underground drainage system in Gumara Street, via a new and/or existing kerb inlet pit.

 

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

 

50.     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.

 

51.     The internal stormwater drainage system must be suitably designed such that stormwater discharge from the development site for all storms up to the 1 in 100 year ARI event does not exceed that which would occur for the 1 in 20 year ARI event. The Construction Certificate plans/application must demonstrate compliance with this requirement. The applicant must liaise with Council’s Development Engineer Coordinator regarding the design of this system prior to lodging the construction certificate.

 

NOTE:

 

a)       Restricting site discharge to the 1 in 20 year ARI event for all storms up to the 1 in 100 year ARI event is likely to require the provision of a suitably designed  onsite stormwater detention system or an infiltration system (subject to geotechnical investigation confirming that the ground conditions are suitable for an infiltration system).

 

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

 

53.     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.

 

54.     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.

 

55.     Covered car washing bays shall be provided for this development at the general rate of 1 car washing bay per 12 dwellings. Any Construction Certificate Application should identify the proposed car wash bays

 

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

 

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

 

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

 

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

   

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

 

56.     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 inspect ion/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

57.     Subject to there being an onsite detention/infiltration system constructed within the site, and prior to the issuing of an Occupation Certificate, 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. The "restriction on the use of land” and “positive covenant" are required to ensure that any onsite detention/infiltration system is maintained and that no works which could affect the design function of the detention/infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

 

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

 

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

 

58.     Should groundwater/seepage water or the water table be encountered 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). Seepage water must not be collected and drained from the site.

c)       Sufficient geotechnical details must be submitted with the Stage 2 application for Council to determine if groundwater/seepage water or the water table is likely to be encountered when excavating for the basement carpark.

 

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

 

59.     Prior to the issuing of a Construction Certificate the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

The plan shall detail the type and quantity of waste to be generated by the development; demolition waste; construction waste; materials to be re-used or recycled; facilities/procedures for the storage, collection recycling & disposal of waste and the on-going management of waste. A concept waste management plan must be submitted with any Stage 2 Development Application.

 

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

 

60.     Prior to the issuing of a Construction Certificate detailed landscape drawings and specifications must be submitted to, and approved by, the certifying authority, prior to the issue of a construction certificate. The landscape drawings and specifications are to be prepared by a qualified Landscape Architect who is eligible for membership with the Australian Institute of Landscape Architects (AILA). The documentation is to include:

 

a.       A site plan at an appropriate scale showing existing site boundaries, existing trees within the property (clearly identified as being retained or removed), existing street trees (clearly identified as being retained or removed), features on adjoining sites within 6 metres of the common property boundary (buildings, trees, other structures etc), council’s footway, existing and proposed ground levels shown as spot heights and/or contours over the site, at site boundaries, and at the base of the tree/s to be retained, proposed building envelope, proposed areas of pavement, and proposed landscaped areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

g.       All planter boxes and garden beds constructed on slab must have a minimum soil depth of 600mm and all lawn areas must have a minimum soil depth  of 300mm. Planter box details shall be submitted with the detailed landscape plans.

 

h.       The plan shall respect the prevailing coastal influences and the coast's special design considerations and requirements, and shall be designed accordingly. Generally, species selection shall be restricted to local indigenous coastal species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

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

 

61.     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.

 

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

 

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

 

Details of the automatic irrigation system shall be shown on the detailed landscape plans and specifications. The system shall comply with all Sydney Water requirements, and relevant Australian Standards.

 

63.     All detention tanks and below ground stormwater infiltration systems located within the landscaped areas shall have a minimum soil cover of 600mm to ensure sufficient soil depth to permit the establishment of landscaping on top of these services as stipulated by these conditions of development consent.

 

All stormwater documentation submitted for the construction certificate application shall show the top of the detention tanks and stormwater infiltration devices being 600mm below the finished ground level of the landscaped areas.

 

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

 

65.     The applicant shall be required to ensure the retention and long-term health of all trees located on adjoining properties, adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the driplines of the subject trees. Where it could be reasonably assumed that the proposed development may adversely impact on the retention and long term health of a tree/s located on any adjoining property it is recommended that the applicant submit a report, prepared by a qualified Arborist/Tree Surgeon (Member of the National Arborists Association), giving an appraisal of the subject tree/s, and the likely affect the proposal will have on this tree/s. The report should detail methods to be undertaken to ensure the preservation and longevity of the tree/s.

 

All tree protection measures/reports must be submitted with the Stage 2 Development Application.

 

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

 

66.     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.

 

67.     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.

 

68.     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:

 

69.     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.

 

70.     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.

 

71.     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.

 

72.     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.

 

73.     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.

 

74.     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”.

 

75.     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.

 

76.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

78.     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.

 

79.     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.

 

80.     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.

 

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

 

82.     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.

 

83.     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.

 

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

 

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

 

85.     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:

 

a)         all of the premises adjoining and immediately surrounding the subject site.

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

 

86.      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.

 

87.     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:

 

88.     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.

 

89.     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).

 

90.     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.

 

91.     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.

 

92.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Install or erect any site fencing, hoardings or site structures Operate a crane or hoist goods or materials over a footpath or road Placement of a waste skip or any other container or article on the road, nature strip or footpath.

 

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

 

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

 

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

 

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

 

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

 

94.      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.

 

95.     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.

 

96.     During 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.

 

97.     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.

 

98.     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.

 

99.     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 Councils Asbestos Policy

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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.

 

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

 

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

 

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

23 June 2009

 

 

 

Director City Planning Report No. CP36/09

 

 

Subject:                  66 Gubbuteh Road, Little Bay

Folder No:                   DA/781/2008

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     New Dwelling

 

Ward:                      South Ward

 

Applicant:                George Boutsalis

 

Owner:                         George Boutsalis

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.   
Executive Summary

 

This development application is referred to Council because the estimated cost of work exceeds $2M. The application is accompanied by a SEPP 1 objection to the maximum building height, although the height encroachments are less than 10%.

 

The lot is within the former Prince Henry Hospital site on the eastern side of Gubbuteh Rd. There are dwellings to the north and south. There are views to Little Bay to the east. The site is 737m2 and falls away from the street on an easterly aspect.

 

The proposal involves construction of a new 2 and 3 storey dwelling with basement parking and an in-ground swimming pool. The proposal is Integrated Development because an encroachment on the maximum height requires a permit from the Heritage Office.

 

The proposal generally satisfies the objectives and precinct specific design controls in the Prince Henry DCP. It has Heritage Office approval for the height encroachments. This report also examines the height encroachments under SEPP 1 and finds them to be minor and acceptable.

 

One objection was received and it was primarily concerned with view-loss. A blade-wall on the proposal was amended to improve views over the site. The amended proposal was not re-exhibited because the change was minor and adequately dealt with view-sharing. This report examines view-sharing according to the Court’s planning principle and finds it to be acceptable.

 

The Assessing Officer recommends approval subject to conditions.

 

2.    The Proposal

 

The proposal involves construction of a new part 2 and part 3 storey dwelling with basement parking and an in-ground swimming pool.

 

The proposal was amended during assessment to change a blade wall and improve view sharing over the site. The amendment was not re-exhibited because it was minor and adequately dealt with the view-loss objection. View-sharing is discussed under the Environmental Assessment section of this report.

 

The proposal is Integrated Development because an encroachment on the maximum height requires a permit from the Heritage Office. The application was also accompanied by a SEPP 1 objection to the maximum building height specified in Clause 30A of the Randwick LEP 1998.

 

3.    The Subject Site And Surrounding Area

 

The lot is within the Prince Henry Hospital re-development, on the eastern side of Gubbuteh Rd, north of the Mayo St intersection. The site is 737.8m2 with 15m frontage and 48m depth. The land falls away from the street on a gentle easterly aspect. There are single dwellings to the north and south, and multi-unit dwellings to the west. There is a golf course and views of Little Bay to the east. Figure 1 shows an aerial photograph of the site.

 

Figure 1 – An aerial photograph of the site

 

4.    Site History

 

The site is part of the Prince Henry Hospital redevelopment and is vacant.

 

5.    Community Consultation

 

The proposal was notified and advertised as Integrated Development in accordance with Council policy. One objection was received from:

 

·      64 Gubbuteh Road, Little Bay

 

The issues raised and the Assessing Officer’s comments are listed below:

 

Issue: The height of the proposal at its eastern end is excessive and the building envelope does not step to follow the topography of the land.

 

Assessing Officer: The cross-section of the proposed building shown in figure 2 shows that it does step down the slope of the land. The height encroachments are assessed under the LEP section of this report and were found to be acceptable.

 

Figure 2 – A cross section of the building

 

Issue: The proposed development extends further east of the house at No 64 and the house at No 68 and as a consequence will have a significantly adverse impact on the views available from No 64.

 

Assessing Officer: Figure 3 shows the site plan of the proposal and partial footprints of the neighbouring buildings. The rear boundary setback of the proposed dwelling approximates the neighbouring dwellings and also complies with the Prince Henry DCP design control. A blade wall was amended to improve views over the site. View-sharing is considered under the environmental assessment section of this report and is found to be acceptable.

 

Figure 3 – Ground floor plan also showing neighbouring buildings

Issue: The proposed rear setback and rear garden landscaping is insufficient.

 

Assessing Officer: The rear setback and landscaping comply with the controls in the Prince Henry DCP and are acceptable.

 

Issue: The proposed blade walls (privacy screens) to the northern edge of the balconies accessed from the ground floor living and first floor master bedroom unreasonably obstruct views from No 64

 

Assessing Officer: The blade walls were amended. View-sharing is considered under the Environmental Assessment section of this report and was found to be acceptable. The amended plans were not re-notified because the deletion of the privacy screen was a minor change and adequately addressed view-sharing.

 

6.    Technical Officers Comments

 

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

 

Development Engineer

 

The Engineer’s recommended conditions are included in the recommendation. Comments are reproduced below.

 

The Proposal

An application has been received for construction of a new dwelling with a double car garage at the above site.

 

This report is based on the following plans and documentation:

 

·      Architectural Plans, Sheet No’s DA01-DA05 by Geoform Design dated 02.09.2008.

·      Landscape Plan by Umbaco dated 19.02.2008.

 

Driveway Comments

Development Engineering has conditioned the consent requiring the internal driveway be extending 2.50m past the northeastern edge of the garage opening. This is to create a turning bay to allow vehicles to reverse into it and exit the site in a forward direction.

 

Landscape Comments

While there is no existing vegetation within the site due to extensive remediation works and excavations associated with the provision of site services and infrastructure, the two recently planted street trees within the nature strip, to the north of the existing vehicle crossing, will need minimal protection measures to ensure they are allowed to fulfil their intended roles within the streetscape.

 

Further, Council requires that a landscape plan which has been prepared in accordance with the relevant design controls for this precinct of the Prince Henry development be submitted, with a relevant condition reflecting this requirement included in this report.

 

Drainage Comments

Stormwater runoff shall be discharged into the drainage system at the rear of the property. All site stormwater must be taken through a sediment/silt arrester prior to discharging into the drainage system.

 

Heritage Officer

 

The Officer’s recommended conditions are included in the recommendation. Comments are reproduced below.

 

Background

The subject site is located within the Prince Henry Hospital Conservation Area under Randwick Local Environmental Plan Amendment No.28.  The site and a number of buildings on it are listed on the State Heritage Register for its Aboriginal, natural, landscape and built heritage values.

 

The site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment carried out by Godden Mackay Logan (GML) in conjunction with the preparation of a Master Plan and Development Control Plan for residential use of the previous hospital site. 

 

The Subject Site

The site is in the eastern part of the development area, on the eastern side of Gubbuteh Road, to the south of the open space area on the Gubbuteh Road bend, and slopes from west to east.  The site has a western boundary to Gubbuteh Road, an eastern boundary to an open space area (golf course buffer) and northern and southern boundaries to adjacent residential lots.  The subject site is located within Precinct P1 as identified in the Prince Henry Site Development Control Plan. 

 

Heritage element

Applies

Built elements in the vicinity

No

Landscape elements in the vicinity

Views to Little Bay, Headlands and Coast

Aboriginal archaeological zone

Very High Sensitivity

Aboriginal identified site

No

Historical archaeological zone

The Military Wards

Historical identified site

No

Little Bay Geological site

Within Palaeolvalley Area

Remnant native vegetation in the vicinity

No

 

The Proposal

The application proposes a detached dwelling, predominantly of two storeys, but stepped over three levels.  The dwelling has a two storey scale to the street, and steps down the site with a two, two and a half, and three storey scale to the side elevations and a staggered three storey scale to the open space area.  External wall materials comprise stonework, cement rendered masonry, painted fibre cement, metal louvres and glass balustrades. 

 

Submission

The application has been accompanied by a Heritage Impact Assessment prepared by Perumal Murphy Alessi which notes that the proposed building will have no physical or adverse visual heritage impact on the individual items located to the south of the site, no impact on any identified views and vistas, and no impact on any identified landscape, plantings or archaeological elements. 

 

Approvals

As the site is listed on the State Heritage Register, the proposal generally needs to be the subject of an Integrated Development Application.  As the NSW Heritage Office is the consent authority for the application, Council cannot issue development approval until the Heritage Office has provided conditions of consent.

 

Site specific exemptions for the Prince Henry site for new single residences and multi-unit residential buildings which comply with the Prince Henry site DCP were gazetted in June 2005.  Under the Prince Henry Site Specific Exemptions, development which complies with the identified sections of the Prince Henry DCP and the relevant heritage management plan does not need to be referred to the NSW Heritage Office for approval.  Exemptions apply to development outside the Historic Precinct where the proposal complies with the Height and Setback requirements of the DCP, and where non-compliance with a number of identified sections of the DCP will not result in heritage impacts. 

 

DCP standard

Complies

Site Specific Exemptions

Height

No

No

Setback

Yes

 

It appears that the proposal complies with the DCP setback requirements.  In relation to height, the south elevation of the proposal does not comply with the maximum wall and was building heights contained in LEP Amendment No.28 and in the current version of the DCP.  It is suggested that the Heritage Branch be consulted.

 

Assessing Officer: The Heritage Branch was consulted under s91 of the Act and have provided their general terms of approval for a s60 permit in relation to the height encroachments.

 

Consistency of the proposal with LEP, CMP and AMP

It is considered that the proposal will not result in any adverse impacts to identified built or landscape elements, including settings and views, and has low potential for the identification of unknown archaeological material, and is unlikely to result in any impacts to the Geological site.  The lowest level of the building is RL32.40 so it is unlikely that there will be excavation below the critical level of RL26.00 which could involve disturbance of the underlying geological features.  Consent conditions should be included in accordance with recommendations contained in the Little Bay Geological Site SECP.  It is considered that the proposed dwelling is generally consistent with the CMP, the AMP, the Amended Master Plan (August 2003), the LEP and the DCP. 

 

7.    Relevant Environmental Planning Instruments

 

The development application has been assessed in accordance with the following relevant planning documents.

 

Section 91 Environmental Planning and Assessment Act 1979

Integrated Development

 

The development requires a Section 60 Permit from the Heritage Office under the Heritage Act 1977. The permit is necessary because the proposed building encroaches on the maximum building height in the Randwick LEP 1998. The Heritage Office has given its general terms of approval (GTA) for such a permit under the Integrated Development provisions of the Act and those terms are includes as consent conditions in the recommendation. The Heritage Office did not otherwise comment on the proposal.

 

Randwick Local Environmental Plan 1998

 

The site is zoned 2D under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 are relevant to the proposal.

 

Development of Certain Land in Zone No. 2D

 

Clause 30A specifies controls for height, floor space ratio and landscaped area.

 

Table 1 – Assessment against LEP Development Standards

Control

Requirement

Proposal

Complies

30A (2) - Maximum FSR

0.50:1

0.49:1

Yes

30A (3) - Minimum Landscaped Area

40%

57%

Yes

30A (4) - Maximum Wall Height

8m

8.5m

No

30A (4) - Maximum Building Height

9m