Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 28 July 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

28 July 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, 28 July 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  

Extraordinary Council Meeting - 2 June 2009
Ordinary Council Meeting - 23 June 2009

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

Mayoral Minutes

MM47/09   South Maroubra Surf Life Saving Club - Surf Carnival - Waiving of Fees

MM48/09   Maroubra Swimming Club Championships - Des Renford Aquatic Centre - Waiving of fees

MM49/09   Des Renford Aquatic Centre - Austswim National 2009 Large Swim School of the Year

MM50/09   Ride for Life - request for financial assistance

MM51/09   Conference attendance by Councillors

MM52/09   Food deliveries for frail aged and housebound residents  

Urgent Business

 

Director City Planning Reports

CP37/09    16 Howell Avenue, Matraville

CP38/09    79-81 Hannan Street, Maroubra

CP39/09    1/250 Clovelly Road, Coogee

CP40/09    155-157 Arden Street, Coogee

CP41/09    Reporting variations to Development Standard under State Environment Policy No. 1 (SEPP1) from 1 April  2009 to 30 June 2009

CP42/09    Presentation to August Environment Committee

CP43/09    Following up the conclusion of Randwick's Sustainable Home Makeover energy and water saving rebates for residents

 

General Manager's Reports

GM31/09    Annual Financial Reports 2008-09 (Unaudited)

GM32/09    Affixing of the Council Seal

GM33/09    Australian Mayoral Aviation Council - Annual Conference

 

Director City Services Reports

CS17/09    Supporting reappointment of Mr Peter Gray, as SES Controller Randwick

CS18/09    Summer Touch Proposal 2009

 

Director Governance & Financial Services Reports

GF27/09    Review of Code of Conduct

GF28/09    Investment Report - June 2009

GF29/09    Adoption of Records Management Policy

GF30/09    Regular Hall Hirers - Provision of Public Liability Insurance

GF31/09    Proposed licence to Eastern Suburbs Tennis Association  

 

Petitions

 

Motion Pursuant to Notice

NM45/09    Motion Pursuant to Notice from Councillor Smith - Painting of Safety Rails on Surfside Avenue

NM46/09    Motion Pursuant to Notice from Councillor Smith - Gordon's Bay Lighting

NM47/09    Motion Pursuant to Notice from Councillor Smith - Recycling of mattresses and ensembles

NM48/09    Motion Pursuant to Notice from Councillor Smith - Coastal Walkway Website   

 

Confidential

GF32/09    Tender for Land and Environment Court Specialists, Development Related Mediators and Architectural Visualisation Services - T03/09

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.

 

GF33/09    Tender for the Provision of Entertainment and Event Services - T01/09

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.

 

GF34/09    Councils Online (COL) Progress Report

This matter is considered to be confidential under Section 10A(2) (f) Of the Local Government Act, as it deals with matters affecting the security of the Council, Councillors, Council staff or Council property.

  

Notice of Rescission Motions

Nil 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM47/09

 

 

Subject:                  South Maroubra Surf Life Saving Club - Surf Carnival - Waiving of Fees

Folder No:                   F2009/08302

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

An application has been received from Ms Yvette Rutherford, Carnival Organiser, South Maroubra Surf Life Saving Club for assistance in waiving the fees associated with the use of Maroubra Beach for the South Maroubra Surf Carnival on Saturday, 5 December 2009

 

Issues

 

The annual non-profit community beach event gathers the local community and visitors to the beach and its surrounds and draws many competitors to enjoy the day.

 

As there is no allocated budget for this type of activity, it is considered that the following fees be waived:

 

Application Fee:                                       $135.00

Beach Hire (one day):                                $432.00

Supply and removal of five (5) sulo bins

 @ $59.90 per bin                                     $299.50

Total:                                                     $866.50

 

Financial impact statement

 

Should Council accept the report recommendation the financial implications to Council is $866.50 and currently there are sufficient funds in the Council Contingency Fund 2009-10 to cover these fees.

 

Conclusion

 

It is considered that this event is a worthwhile community event and has been well received in previous years.

 

Recommendation

 

That:

a)  Council vote $866.50 to cover the fees associated with the holding of the South Maroubra Surf Life Saving Carnival on Saturday, 5 December 2009 and that the funds be allocated from the 2009/10 Contingency Fund;

 

b)  The organiser of the carnival undertake to appropriately and prominently acknowledge and promote Council’s contribution to the carnival; and

 

c)  The Mayor or his representatives be given the opportunity to address the surf carnival on behalf of council.

Attachment/s:

 

Nil


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM48/09

 

 

Subject:                  Maroubra Swimming Club Championships - Des Renford Aquatic Centre - Waiving of fees

Folder No:                   F2004/07412

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

Council has received a request for assistance from Ms Yvette Rutherford, President of Maroubra Swimming Club, who is staging their annual Swimming Club Championships on Sunday, 13 September 2009.

 

Issues

 

The Maroubra Club Championships are an internal Club event in which members compete to become the Club Champion in a number of events and is seen by the Club as the most important internal event of the year. This event attracts approximately 100 athletes and 100 spectators, all members of Maroubra Swimming Club. An assessment of the applicable fees to be waived is as follows:

 

Pool Hire Fee                    $660.00.

 

Financial impact statement

 

Should Council accept the recommendation, the financial implication to Council is $660.00.

 

Conclusion

 

The Maroubra Swimming Club Championship is a worthwhile local internal event which provides income to Des Renford Aquatic Centre in the form of ‘secondary’ spend and entrance fees for spectators. This event is an opportunity for swimmers to compete against their peers, raise funds for the Club and provide ‘secondary spend’ income to the facility.

 

Recommendation

That:

a)     Council vote to waive the $660.00 to cover fees associated with the Maroubra Club Championships to be held on Sunday, 13 September 2009 and that the funds be allocated from the 2009/10 Contingency Fund.

 

b)     Maroubra Swimming Club undertake to appropriately and prominently acknowledge and promote Council’s contribution, prior to and during the event (by Council logo being prominently displayed on all promotional materials such as flyers, newspaper advertisements, etc,).

 

c)     the Mayor or the Mayor’s representative is given the opportunity to address the event on behalf of Council.

 

Attachment/s:

 

Nil

 


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM49/09

 

 

Subject:                  Des Renford Aquatic Centre - Austswim National 2009 Large Swim School of the Year

Folder No:                   F2004/06618

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

On 4 July 2009 the Des Renford Aquatic Centre has achieved the 2009 Australian Large Swim School of the Year award.  This award is very prestigious and regarded as the highest achievement in the Aquatics and Leisure Industry.

 

Issues

 

The Austswim Large Swim School of the Year award is given to the facility under the following criteria:

 

1.       Quality of program

2.       Staff training

3.       Community Education

4.       Innovation

5.       Industry Support

6.       Community Service

 

Des Renford Aquatic Centre was judged to excel in each of these areas, an excellent effort given the size and scope of the program.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The Des Renford Aquatic Centre runs the best swim school in Australia.

 

 

Recommendation

 

That Council thank all the staff at the Des Renford Aquatic Centre for their excellence in delivering its services.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM50/09

 

 

Subject:                  Ride for Life - request for financial assistance

Folder No:                   F2005/00163

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

A request for financial assistance has been received from the organisers of the annual “Ride for Life” event being held in Centennial Park on Sunday, 23 August 2009.

 

Issues

 

The Ride is now in its 6th year and has raised over $240,000 for the Prince of Wales, Oncology Department. The aim for this year’s Ride is to raise enough funds to provide accommodation for country patients who are unable to afford hotel accommodation and who need to attend the Prince of Wales Hospital for cancer treatment.

 

Future financial assistance for this worthwhile event will be required to comply with Council’s recently adopted ‘Guidelines for Cultural and Community Grants’ and that the Ride for Life organisation be advised of the new requirements.

 

Financial impact statement

 

If the recommendation is adopted, the funds (approximately $4,000) can be provided from the 2009-10 Contingency Fund budget.

 

Conclusion

 

This is a very worthwhile community event, which Council has supported in past years.

 

 

 

Recommendation

 

That Council:

 

a)     contribute an amount of $3,000.00 as a donation to the Department of Oncology at the Prince of Wales Hospital and that this amount be funded from the 2009-10 Contingency Fund;

 

b)     contribute a banner to publicise this worthwhile event, also to be funded from the Contingency Fund; and

 

c)     advertise the event in the Mayoral Column.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM51/09

 

 

Subject:                  Conference attendance by Councillors

Folder No:                   F2005/00646

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

To ensure that Council is accountable to the community and is open and transparent in the use of public money, I propose that the attendance at conferences by Councillors be limited to one conference per annum, subject to some qualifications.

 

Issues

 

I suggest that the following conferences, given their industry wide significance, be excluded from the proposed limitation of one conference per annum:

 

-      the annual conference of the Local Government Association (LGA conference);

-      the National General Assembly of Local Government (ALGA conference);

-      any other conference where a Councillor is a member of the executive of the organising body; and

-      any visitations relating to Temora Shire Council as our Sister City.

 

Councillors should only attend conferences, where the conference has significance to both Local Government and area specific issues.  Consideration needs to be given to the benefits to be gained from attending conferences, compared to the cost to the community (particularly of interstate conferences).

 

The intent of this Mayoral Minute is to provide increased transparency having regard to the existing status quo, however, the Mayor of Randwick City Council in carrying out their duty, should be provided a general exemption from this policy.

 

Financial impact statement

 

The recommendation, if adopted, will result in a reduction in the amount of money that Council spends on conferences.

 

Conclusion

 

For the reasons mentioned above, it is recommended that the attendance at conferences by Councillors (subject to some exclusions) be limited to one conference per Councillor per annum.

 

 

 

Recommendation

 

That a report be brought back to Council on the limitation of Councillors’ attendance at conferences generally to one conference per Councillor per annum.

 

 

Attachment/s:

 

Nil

 


Ordinary Council

28 July 2009

 

 

 

Mayoral Minute No. MM52/09

 

 

Subject:                  Food deliveries for frail aged and housebound residents

Folder No:                   F2004/07646

Author:                   Councillor Woodsmith, Acting Mayor     

 

Introduction

 

The South East Neighbourhood Centre Food Services program makes home deliveries of fresh fruit and vegetables to people living in the City of Randwick and Botany Bay who need help with shopping because they are housebound due to a health or mobility issue.

 

To be eligible a person must be frail aged or have a disability that makes getting out and about difficult, or be a carer.

 

The Food Services program buys fresh fruit and vegetables currently in season and within their price range from local suppliers. Deliveries to people’s homes are Tuesdays or Thursdays depending on location.

 

Fruit, vegetable or mixed bags cost $10 each.

 

Issues

 

To determine eligibility for the Food Service and for more information contact the South East Neighbourhood Centre Food Services Coordinator on 8338 8506. 

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

This is an excellent service for our residents who may need such practical help. I commend the South East Neighbourhood Centre, who also provide services from childcare to aged care, advocacy and advice, multicultural and transport support.

 

 

Recommendation

 

That the Council publicise the Food Services program on the website and in the community newsletter.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council

28 July 2009

 

 

 

Director City Planning Report No. CP37/09

 

 

Subject:                  16 Howell Avenue, Matraville

Folder No:                   DA/244/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of an attached dual occupancy with outbuildings, swimming pool and general landscape works

 

Ward:                      South Ward

 

Applicant:                Classic Plans

 

Owner:                         S A Skene

 

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is referred to the Ordinary Council Meeting for determination as the proposed development involves variation to the FSR development standard under the LEP by more than 10% (being 16%).

 

The subject application is for demolition of the existing structures on site and construction of a two-storey attached dual occupancy with associated outbuildings, swimming pool and landscape works.

 

The site is located on the northern side of Howell Avenue, Matraville, and has a frontage width and land area of 15.24m and 766.4m2 respectively. The locality is predominantly characterised by lower density detached residential developments.

 

The application was notified from 30 April to 14 May 2009 in accordance with DCP – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

The site is located within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver lower density residential housing, which is compatible with the desired character of the locality.

 

The proposal has a floor space ratio of 0.58:1, which equates to 443.5m2 GFA. The proposal does not comply with the maximum permissible FSR of 0.5:1 under RLEP 1998. The applicant has submitted an objection under SEPP No. 1 justifying that the breach will not result in significant adverse amenity or visual impacts on the area. The scale, proportion and massing of the proposed dwelling house are considered to be appropriate to the site and the surrounding built environment. The objection has been assessed and is supported.

 

It is considered that the degree of backfilling in the rear courtyard areas is excessive and will result in detrimental visual and privacy impacts on the neighbouring property to the north. Therefore, it is recommended that deferred commencement conditions be imposed to require changes to the finished levels of the swimming pool coping and the ridge heights of the outbuildings. The above conditions will effectively minimise site modifications and improve compatibility with the natural topography.

 

Further conditions are recommended to appropriately reduce the height of side and rear boundary fencing to minimise visual impacts on the neighbours.

 

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

 

The proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval by deferred commencement. 

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1637 in DP 191788, No. 16 Howell Avenue, Matraville. The site is located on the northern side of Howell Avenue and is rectangular in configuration. The land slopes from the south-east to the north-west with a cross fall of approximately 1.56m (from RL 37.3m to RL 35.74m). The dimension and land area of the site are summarised in the table below:


 

Boundary

Length

Site Area

Northern, rear boundary

15.24m

 

Southern, street boundary

15.24m

 

Eastern, side boundary

50.29m

 

Western, side boundary

50.29m

 

 

 

766.4m2

At present, the site is occupied by a single-storey detached dwelling with driveway access along the western boundary. To the east of the site is a single-storey detached dwelling (No. 18 Howell Avenue). To the west of the site is a part one- and part two-storey detached dwelling (No. 14 Howell Avenue). The site adjoins the rear private open space of a detached dwelling fronting Beauchamp Road. The locality is predominantly characterised by lower density detached residential developments.

 

Figure 1 Aerial view of the subject site and surrounding areas

 

 

Figure 2 Front elevation of the existing dwelling on site

Figure 3 Adjoining dwelling at No. 14 Howell Avenue (left) and the existing driveway of the site (right)

 

Figure 4 Adjoining dwelling at No. 18 Howell Avenue

Figure 5 The eastern side boundary of No. 16 Howell Avenue.

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of existing structures on site.

·      Construction of a two-storey attached dual occupancy with basement and ground floor garages. Dwellings A and B will be located on the ground and first floor levels respectively.

·      Construction of a partially in-ground swimming pool, a pool house / games room and a shade hut in the rear private open space areas.

·      General landscape works.

 

The building incorporates the following floor space elements:

 

·      Basement: parking for 2 vehicles for Dwelling B

·      Ground floor (Dwelling A): parking for 1 vehicle, 3 x bedrooms, living and dining areas and amenities

·      First floor (Dwelling B): 3 x bedrooms, living and dining areas and amenities

·      Outbuildings: pool house / games room and shade hut

 

4.      State Environmental Planning Policy (SEPP) No. 1 Development Standards

 

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

 

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

The proposal seeks variation to the following control under RLEP 1998:

·      Clause 32(1): 0.5:1 maximum floor space ratio standard

 

The above provision is a numerical development standard contained in the statutory plan.

 

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

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

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

 

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

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

To encourage:

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

 

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2A Zone in that it will allow lower density residential housing, which is consistent with the character of the locality. 

 

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

Pursuant to Clause 32(1) of RLEP 1998, the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1 or 383.2m2 GFA. The following is proposed:

 

Proposed GFA (a)

443.5m2

Permissible GFA (b)

383.2m2

GFA exceeding LEP control (a) – (b)

60.3m2

Proposed FSR (c)

0.58:1

Permissible FSR (d)

0.5:1

FSR exceeding LEP control (c) – (d)

0.08:1 (or 16%)

 

The proposal will exceed the development standard by 0.08:1 or 60.3m2 GFA.

 

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

 

·      The proposed built form has incorporated staggered wall planes, balconies, window openings and screening devices, which will appropriately articulate the external facades. The above design measures will minimise the visual scale and bulk of the structures, despite non-compliance with the FSR development standard.

 

·      The proposed development fully complies with the maximum building and external wall heights provisions specified in the LEP. Howell Avenue accommodates a mixture of single- and double-storey detached dwellings of varying architectural character (refer to figures below). The proposed ridge height is RL 46.49m and is commensurate with that of the adjoining dwelling at No. 14, being RL 46.95m. The design scheme is considered to be compatible with the existing streetscape.

 

 

Figure 6 Adjoining dwelling at No. 14 Howell Avenue

Figure 7 Detached dwellings along the southern side of Howell Avenue

 

·      The gross floor area calculation includes 14.6m2 of basement storage areas, which will not be visible from the street or the adjoining properties. Where the above floor area is excluded, the FSR will be reduced to 0.56:1.

 

·      The proposal includes a detached pool house / games room, which accounts for 39.5m2 GFA. The outbuilding is single-storey in height and does not add to the visual bulk of the main dwelling.

 

·      The development scheme has provided suitable landscaped area and permeable surfaces on the site. A specific condition is also recommended to require the planting of a canopy tree in the front section of the site to visually soften the proposed structures.

 

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

 

4.5    Is the objection well founded?

The submitted SEPP 1 objection has provided the following key justifications for the development:

 

Pages 5-6

From the definitions of “floor space ratio” and “gross floor area” in the RLEP, it is evident that majority of excess floor space in the proposed development is accounted for in the pool house / games room and attic areas. If these areas were to be deleted from the proposal the development for all intents and purposes would comply with the stated FSR. 

 

The elimination of the pool house games room and attic areas, in this case, would not “reduce the potential for adverse impact on nearby or adjoining development” (by virtue of the existing structure on the property adjacent to the proposed structure and the resultant negligible impact to this property), nor would it allow for a “reasonable level of development” on the subject property in that the wanting to include such facilities adjacent to a swimming pool area is a reasonable expectation on the part of the owner in terms of what should be permitted as part of the proposed development.

 

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

 

5.      Site History

 

There are no recent development approvals for the site.

 

6.      Community Consultation

 

The subject application was notified from 30 April to 14 May 2009 to 21 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Landscape Comments

There are two Callistemon viminalis (Weeping Bottlebrush’s), of about 3-4 metres in height, spaced evenly across the width of Council’s Howell Avenue nature strip in front of the site, with the smaller of the two growing to the east of the existing crossing which is located along the western boundary, with the larger tree near the eastern site boundary.

 

Both appeared in reasonable health but average condition due to repeated topping away from the overhead wires by service authorities, but are still covered by the provisions of Council’s Tree Preservation Order (TPO) due to their location on public property, and are seen to provide a positive contribution to the streetscape as they are part an avenue of this species that exists along the length of the street.

 

The plans show the larger, most eastern tree being removed to accommodate the new vehicle access associated with proposed dwelling B, with the existing crossing near the western boundary to be relocated a distance of 1.3 metres further to the east, closer to the western street tree, with the required excavations to be performed about 1.5 metres to the west of its trunk, which would involve a slight incursion of the western side of its root plate.

 

Conditions in this report allow the applicant to remove the eastern tree, at their cost, and subject to the submission of a loss of amenity charge in recognition of its loss from the streetscape; with the remaining, most western tree needing to be protected in accordance with the measures provided in this report, with a refundable deposit also needing to be imposed, and will be held as security for compliance.

 

Within the western half of the front yard, between the internal driveway and entry path, there are two 4-5 metre tall, single trunk Archontophoenix cunninghamiana (Bangalow Palms) which appeared in good health and condition, are covered by the TPO, and while they are considered a desirable site feature, they are not significant in any way, and as such, no objections are raised to their removal as part of this proposal, but is subject to suitable replanting being undertaken in this area of the site and area amenity purposes.

 

All other vegetation within this front portion of the site was observed to be insignificant, and too small for Council’s TPO, and can therefore be removed and replaced as part of the proposal and associated landscape works.

 

Along the side setback, close to the northeast corner of the existing dwelling, there is one Syzygium luehmannii (Small Leafed Lilly Pilly) of approximately 5 metres in height, which has been heavily under-pruned/canopy lifted, with all lateral growing branches completely removed so that it does not even provide any screening or privacy between this dwelling and the adjoining property to the east, 18 Howell Avenue.

 

The lack of space in this area means that this tree is an inappropriate selection even in its current surroundings, and as the entry ramp and stairs for the proposed basement level will involve significant excavation and construction works in this exact area of the site, there are no objections to its removal as has been shown.   

 

Further to the north, beyond the northeast corner of the existing dwelling, actually within the rear yard of the adjoining property to the east, 18 Howell Avenue, close to the common boundary, there is one mature, multi-trunk Metrosideros excelsa (Pohutukawa), of about 6 metres in height with a canopy spread of similar dimensions, which partially overhangs into the subject site.

 

While these trees were widely planted in the 1980’s, Council has had to remove large quantities of this species over the last 10 years from parks and nature strips due to a combination of general decline and pest attack, and are no longer planted due to their short life span.

 

Although this specimen already appears in poor condition, Council and the applicant both have a responsibility to ensure it is not impacted by the works due to its location on a neighbouring property, with the plans showing that a distance of about 3 metres will be provided between its trunk and the access stairs from the basement, and while excavations may be performed at a slightly closer setback than this, the measures listed in this report are deemed sufficient to ensure that the incursion of the western side of its root plate will be an amount that this tree can sustain, with the remainder of the site adjacent this tree needing to be retained as undisturbed deep soil, to ensure the ongoing transfer of air and moisture to its root system, which is necessary for its survival.

 

Back within the rear yard of the subject site, towards the northwest corner, there is one large Magnolia grandiflora (Bull Bay Magnolia), of approximately 10 metres in height, which has had all lower growing, lateral branches pruned off back to the main trunk to a height of 4 metres above ground level, so as to avoid interference with the existing garage/storeroom, as it growing almost hard up against its southeast corner.

 

Despite being a mature specimen, and easily the most established tree at this site, the heavy pruning described above has severely affected not only its form (which is a major feature of the species), but also its visual appeal.

 

While Council’s records do not show that any approval has been sought for this pruning, its large size at maturity makes it an inappropriate selection in such a location, with clause 4.b.vi of Council’s TPO allowing the removal of trees in such instances due to structural, maintenance, nuisance and safety issues for both person and property, and as the applicant could legally remove this tree irrespective of this application, without having to apply to Council, consent has been granted for its removal in order to accommodate the proposed retaining wall, pool and games room as shown.

 

The Schefflera actinophylla (Umbrella Tree) located to the west of the tree described above, along the western boundary, is recognised as an environmental weed in the Randwick LGA, and will need to be removed as part of the works.

 

All other vegetation throughout the rear yard as well as on adjoining properties, close to common boundaries, was observed to be either insignificant, and too small for the TPO, or not affected by the proposed works, with conditions relating to these not required.

 

Drainage Comments

Onsite detention of stormwater is required for this application.

 

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

 

7.2    Building Surveyor

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

 

BCA Building Classification

Class - 2 (Residential Units with basement carpark)

 

Background

The existing building on site is a post war brick cottage bounded by buildings of a similar nature.

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Noise:

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

 

Site Management:

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

 

8.      Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 766.4m2 and a master plan is not required.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

 

·      Clause 10 Zone No. 2A (Residential A Zone)

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998. An attached dual occupancy is a permissible use under the land use table of the clause. The proposal is considered to be consistent with the objectives of Zone No. 2A in that the development will deliver lower density residential housing, which is compatible with the predominant character of the locality.

 

·      Clause 21 Subdivision

The proposal does not include land subdivision.

 

·      Clause 30 Minimum allotment sizes

Clause 30(3) states that “the minimum size for an allotment that may be subdivided (whether or not by a strata plan) to create separate allotments for the dwellings comprising an attached dual occupancy within Zone No. 2A is 900 square metres”. The proposal does not involve land subdivision.

 

Sub-clause (4) further provides that “the minimum allotment size for the erection of a dwelling house or for an attached dual occupancy within Zone No. 2A is 450 square metres and each allotment must have a frontage of at least 12 metres.” The proposed dual occupancy adopts a vertical arrangement where one dwelling sits on top of the other. The subject site has a land area and frontage width of 766.4m2 and 15.24m respectively. Accordingly, the development complies with the provisions of Clause 30.

 

·      Clause 31 Landscaped area

Sub-clause (1) provides that development, other than for the purpose of a dwelling house, within Zone No. 2A must provide a minimum of 40% of the site as landscaped area.

 

The site has an area of 766.4m2 and a minimum landscaped area of 306.6m2 is required. The proposal provides a total landscaped area of 324.3m2, which equates to 42.3% of the site, and complies with the LEP control.

 

·      Clause 32 Floor space ratios (FSR)

Sub-clause (1) provides that the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No. 2A is 0.5:1.

                  

The site has an area of 766.4m2 and a maximum gross floor area (GFA) of 383.2m2 is permissible.

 

The proposed development has an FSR of 0.58:1, which equates to 443.5m2 GFA. The proposal exceeds the required FSR by 0.08:1 or 60.3m2 GFA, and does not comply with the development standard. This is equivalent to a 16% breach of the standard. An objection pursuant to SEPP No. 1 has been submitted with the application.

 

·      Clause 33 Building heights

Sub-clauses (1) and (3) specify the maximum overall and external wall heights of 9.5m and 7.0m respectively in Residential 2A Zone.

 

The proposal has maximum overall and external wall heights of 9.5m and 7.0m respectively, which comply with the development standards.

 

·      Clause 40 Excavation and filling of land

The proposal involves excavation for the foundation footings and swimming pool structures. Council’s Development Engineer has assessed the proposal and raised no objections on drainage grounds. In addition, specific conditions are recommended to require appropriate soil retention measures to be implemented during works on the site. Subject to the above conditions, the proposed excavation is not considered to adversely impact on the stability and future use of the land.

 

9.2    Draft Randwick Local Environmental Plan 2008

The proposal is considered to comply with the general aims and objectives of Draft Randwick LEP 2008.

 

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

SEPP: BASIX applies to the proposed development. The application is accompanied by a BASIX Certificate numbered 243992M. The provisions of the certificate indicate that compliance with the current targets set for energy and water conservation has been achieved by the development. Standard conditions requiring the continued compliance of the development with the SEPP: BASIX through to the construction phase have been included in the “Recommendation” section of this report.

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (DCP) – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (or 306.6m2) is provided as landscaped area.

The proposal provides a total landscaped area of 324.3m2, which equates to 42.3% of the site. Complies.

S1

A minimum of 25m² of useable private open space is to be provided.

Private terraces are provided for each dwelling:

Dwelling A (G/F): 37.1m2

Dwelling B (1/F): 32.1m2

Complies.

S1

Each dwelling must provide an area of private open space capable of containing a rectangle of minimum dimensions of 3m x 4m with minor changes in level.

The private terraces have dimensions of approximately 9m x 3m. Complies.

S1

Private open space in the front yard area is located behind the building line.

The principal private open space of each dwelling is located on the rear elevation of the building. Complies.

S6

20% of the total site area has permeable treatment.

A total of 190.4m2 of soft landscaped area, which equates to 24.8% of the site, is provided. Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.5:1. 

0.58:1. Does not comply, refer to the justifications provided in the “SEPP 1” section of this report.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 7m, complies.

S1

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

Shade hut:

3.4m at maximum

Pool house / games room:

4.21m at maximum

Partial non-compliance, refer to comments below.

S3

Cut or fill does not exceed 1m.

The basement garage will require excavation of up to 2.3m in depth.

 

The grading of the rear private open space will be significantly modified with backfilling of up to 1.5m in height.

 

Does not comply, refer to comments below.

S3

No excavation within 900mm of a side boundary.

The proposal requires excavation along the eastern boundary to accommodate driveway access to the basement garage. Does not comply, refer to comments below.

S3

No excavation within 4m of a rear boundary.

The proposed swimming pool requires excavation at approximately 1.1m from the rear boundary. Does not comply, refer to comments below.

S4

The length of a second storey portion is no greater than 12m at less than 1.5m from a southern boundary.

Not applicable.

S5

The second storey portion of a semi-detached dwelling be confined to within the existing roof space or be set back from the front elevation behind a substantial portion of the existing roof form and the design respects the symmetry of the adjoining semi-detached dwelling.

Not applicable.

 

The objectives of the built form controls are to ensure the height and scale of development relate to the topography with minimal cut and fill, to preserve privacy and natural light access for the neighbours, and to ensure compatibility with the existing character of the locality.

 

External wall height of outbuildings / land cutting and filling

The subject land parcel slopes from the street to the rear with a cross fall of approximately 1.56m. The design scheme proposes the backfilling of the rear courtyard to create a leveled recreation space for the occupants, as well as to minimize excavation for the swimming pool. The extent of the backfilling is up to approximately 1.5m.

 

The above treatment has resulted in the elevated positioning of the shade hut and pool house, which requires extensive retaining wall structures. The external wall heights of the shade hut and pool house will be up to 3.4m and 4.21m respectively, as measured from the existing ground lines.

 

The pool house will have nil setbacks from both the northern and western boundaries. There is an existing detached garage on No. 14 Howell Avenue, which is located immediately adjacent to the shared boundary with the subject site. The pool house has a similar scale to the adjoining garage building. It is considered that the height and location of the pool house will have minimal amenity impacts on this adjoining dwelling.

 

However, the development will create a substantial amount of blank walls directly abutting the northern adjoining property (No. 259 Beauchamp Road) and result in adverse visual impacts. The elevated levels of the pool coping and courtyard will also enable overlooking into the private open space of the above dwelling.

 

Therefore, it is recommended that the swimming pool coping level be reduced by 1000mm from RL36.895m to RL35.895m. The finished floor level and overall height of the outbuildings can then be reduced to a similar degree. This solution will effectively reduce the amount of excavation and backfilling in the courtyard by approximately 700mm and 900mm respectively, and improve compatibility with the site topography. A deferred commencement condition to this effect is recommended for imposition.

 

It is noted that the aforementioned condition will require additional excavation for the swimming pool. Notwithstanding, the pool has a limited width of only 3.0m and the excavation will be confined within its footprint. It is considered that an in-ground pool construction will minimize overall land modification and is more suitable to the site.

 

Excavation

The proposal requires excavation along the eastern boundary to accommodate the driveway. Council’s Development Engineers have assessed the vehicular access design and raised no objections subject to conditions. Standard conditions have also been recommended to ensure suitable soil retention measures are incorporated into the development.

 

The proposed swimming pool requires excavation at approximately 1.1m from the rear boundary. As discussed above, the proposal will be required to have the pool coping level reduced in order to minimize cut and fill in the rear courtyard areas. It is considered that the proposal is satisfactory, subject to the recommended deferred commencement and standard conditions.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The dwelling is generally setback 6m from the front boundary.

 

There is an entry portal structure that encroaches upon the 6m setback line by approximately 250mm. It is considered that the above design element will improve articulation of the building and that the degree of encroachment is minor in nature. The proposal is considered satisfactory in this regard.

S2

No part of the building is closer than 4.5m from rear boundary.

Dwelling

The dwelling is setback 19.6m from the rear boundary. Complies

Pool house / games room

The pool house / games room has nil setback from the rear boundary. Does not comply, refer to comments below.

S3

Side setbacks be 900mm for any part of the building at ground level.

Dwelling

Eastern boundary: 1.775m

Western boundary: 0.965m

Complies.

Shade hut

Eastern boundary: 0.9m

Complies.

Pool house / games room

Western boundary: nil

Does not comply, refer to comments below.

S3

Side setbacks be 1.5m at second floor level.

Dwelling

Eastern boundary: 2.65m

Western boundary: 0.965m

Partial non-compliance, refer to comments below.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

 

Setbacks of main dwelling

The side setback controls aim to allow occupants and neighbours adequate natural lighting and ventilation.

 

The upper level of the dwelling has a setback of 0.965m to 1.445m from the western boundary, and does not comply with the preferred solution of 1.5m. Notwithstanding, the proposal is considered satisfactory based on the following reasons:

 

·      There is a 3.5m wide driveway along the eastern boundary of the adjoining property at No. 14 Howell Avenue. There is sufficient separation between the subject and adjoining dwellings for natural lighting and ventilation purposes.

·      The proposal does not include excessive window openings on the western elevation, and therefore will not result in unreasonable privacy impacts.

 

Setbacks of outbuildings

The proposed pool house / games room has nil setbacks from the western and northern boundaries, and does not comply with the DCP preferred solutions. Notwithstanding, the proposal is considered satisfactory based on the following reasons:

·      There is an existing garage located to the rear of No. 14 Howell Avenue, which abuts the shared boundary with the subject site. The proposed pool house will effectively screen against the blank side wall of the adjoining garage. The zero setback of the pool house from the western boundary is not considered to result in significant shadow impacts on No. 14.

·      The pool house has a width of 4.19m and directly abuts the northern, rear boundary. As previously discussed, a specific condition is recommended to reduce the extent of backfilling and hence the external wall height of the outbuilding. Subject to the above condition, the proposal will not result in unreasonable visual impacts on the northern neighbour.

Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

Ground floor

The proposed ground floor side windows will be partially screened by the boundary fencing, and therefore are not considered to result in adverse privacy impacts on the neighbours.

S1

Habitable room windows within 9m of another dwelling’s windows are offset by 45 degrees or have fixed obscure glazing below 1.5m above floor level.

Ground floor

The proposed ground floor side windows will be partially screened by the boundary fencing, and therefore are not considered to result in adverse privacy impacts on the neighbours.

 

First floor

The windows attached to the walk-in-wardrobe, bathroom and laundry areas will be constructed with obscured glazing.

 

The bedroom windows will be constructed with standard clear glass glazing. However, given the low intensity use nature of the bedrooms, the design is not considered to result in unreasonable privacy impacts.

 

S1

Direct view into open space of an adjoining dwelling is obscured or screened within 9m and is beyond a 45 degree angle.

The rear-facing decks are capable of overlooking into the adjoining private open space. Does not comply, refer to comments below.

S1

Windows have sill heights of 1.5m or more or fixed obscure glazing below that height.

Not applicable.

S3

Buildings comply with AS 371 and AS 2107.

Satisfactory.

 

Visual privacy

The objective of the DCP is to ensure new buildings will maintain visual and acoustic privacy for the occupants and neighbours. Specifically, the performance criteria of the DCP state that overlooking of the private open space of residential development is to be minimized through appropriate location of balconies, separation, screening and landscaping.

 

The proposed rear decks on both the ground and first levels are capable of overlooking into the adjoining private open space given their elevated position. The application proposes the installation of sliding shutters on the side elevations of the decks. It is considered that the privacy protection function will be compromised when the shutters are fully open.

 

A specific condition is therefore recommended to require fixed screening devices to be provided on the side elevations of the decks for a minimum distance of 1.5m as measured from the rear wall of the building. The condition will ensure that a consistent level of privacy is afforded to the neighbours.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

Council’s Parking DCP requires 1 space, for dwellings with 2 bedrooms or less, or 2 spaces, for dwellings with 3 bedrooms or more.

Both Dwellings A and B contain 3 bedrooms. Under the Parking DCP, a total of 4 car spaces are required.

 

The proposal provides 3 car spaces (being 2 at the basement and 1 at ground floor) and does not comply with the DCP preferred solution. Refer to comments below.

S1

Car parking spaces have a minimum dimension of 5.5m x 2.5m.

Satisfactory.

S1

Driveways have minimum width of 3m and are set back at least 1m from the side boundary.

 

Council’s Development Engineer has assessed the access design and raised no objections subject to conditions.

S1

Driveways have a maximum width of 3m at the property boundary.

 

Satisfactory, refer to comments above.

S1

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

Satisfactory, refer to comments above.

S1

With respect to garages and carports to rear lanes these should be set back 1m to improve pedestrian visibility.

Not applicable.

S2

Parking and access is provided from the rear of the allotment where possible.

Not applicable.

S2

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

Satisfactory.

S2

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

Approximately 38%. Does not comply, refer to comments below.

 

Parking provision and design

The DCP requires the provision of 4 car spaces in the development. The proposal will result in the shortfall of 1 car space. The driveway leading to the ground floor garage has a length of 6m and is capable of functioning as a hard-stand parking space. Additionally, the surrounding local streets have ample supply of kerb side parking. Therefore, the proposal is considered satisfactory in this regard.

 

The driveway and garage structures will occupy approximately 38% of the allotment width, and exceed the preferred solution by 3%. The proposal includes two single driveways on either side of the allotment. The above design treatment will minimize the visual impacts on the streetscape by avoiding a double-width hard-paved area in the middle section of the site. Furthermore, the entry to the basement garage is not visible from the public domain. The breach against the preferred solution is minor in nature and is considered to be satisfactory.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

Solid front fences or on street frontages in front of the building line are no higher than 1.2m.

The proposed front fencing is approximately 1800mm in height. A specific condition is recommended to require the upper section of the fence to be of an open design, in order to a bank wall effect along the site frontage.

S1

Fences in front of the building line or on street frontages may be up to 1.8m provided that the upper two thirds is at least 50% open.

 

Side and rear fencing

The proposed fencing along the western and eastern boundaries has a maximum height of 2100mm and 2800mm respectively. The rear boundary masonry fence has a height of up to 2000mm.

 

The proposed fencing is significantly higher than standard fences erected for detached dwelling house development. It is considered that a higher fence is appropriate along the eastern boundary to minimize visual and acoustic impacts of the driveway and parking facilities. However, the remaining fences should be reduced in height to minimize the scale and resultant visual impacts on the adjoining neighbours. A condition to this effect is recommended.

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

New dwellings comply with a minimum of 3.5 stars on the NatHERS.

Refer to the “BASIX” section of this report.

S2

Private open space receives at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S2,8

North-facing windows to living areas receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.

Complies.

S9

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

The proposal will not overshadow any potential roof mounted solar panels on the adjoining properties for more than 3 hours on the winter solstice.

S9

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Complies.

S9

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight over part of its area between 9am and 3pm on 21 June.  If currently less than 3 hours, it is not further reduced.

Complies.

 

10.2  Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

0.5%

------

Development cost more than $200000

$1,330,670

1.0%

$13,306.70

 

11.    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:

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

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

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

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

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

Not applicable.

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

Clause 7 of the EP&A Regulation 2000 requires the consent authority to consider the provisions of the Building Code of Australia. Accordingly, an appropriate condition is recommended to address the above matter.

 

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

 

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

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

The environmental impacts of the proposed development have been considered within the body of this report.

 

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

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

The proposed development is consistent with the prevailing residential character and lower density housing form of the locality.

 

The site has sufficient area to accommodate the proposed land use and structures. Therefore, the site is considered suitable for the proposed development.

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

No submissions were received. 

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

Direction:          Improved design and sustainability across all development.

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development is consistent with the objectives and performance requirements of relevant State and Local planning instruments and guidelines.

 

The scale, proportion and massing of the proposed dual occupancy are considered to be appropriate to the site and the surrounding built environment.

 

It is considered that the degree of backfilling in the rear courtyard areas is excessive and will result in detrimental visual and privacy impacts on the neighbouring property to the north. Therefore, it is recommended that deferred commencement conditions be imposed to require changes to the finished levels of the swimming pool coping and the ridge heights of the outbuildings. The above conditions will effectively minimise site modifications and improve compatibility with the natural topography.

 

The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of solar access, privacy, noise, traffic generation and visual bulk and scale, subject to conditions.

 

The application is therefore recommended for approval by deferred commencement.

 

 

Recommendation

 

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

 

B.     That Council, as the consent authority, grants Development Consent by Deferred Commencement under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 244/2009 for demolition of existing structures on site and construction of an attached dual occupancy with outbuildings, swimming pool and general landscape works, at No. 16 Howell Avenue, Matraville, subject to the following conditions:

 

Deferred Commencement Conditions:

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

 

1.     The design of the rear private open space, swimming pool and outbuildings shall be amended in the following manner:

 

(a)    The coping level of the swimming pool shall be reduced by 1,000mm from RL 36.895m AHD to RL 35.895m AHD.

 

(b)    The ridge height of the pool house / games room shall be reduced by 1,000mm from RL 40.450m AHD to RL 39.450m AHD.

 

(c)    The ridge height of the shade hut shall be reduced by 1,000mm from RL 40.445m AHD to RL 39.445m AHD.

 

Note:

Nothing in this condition permits or implies any increase in the gross floor areas (GFA) or footprints of the proposed outbuildings; nor any changes to the location, form, floor areas and design of the proposed dual occupancy building on the site. The provision of additional stairs, steps and/or pathways within the rear courtyard must not reduce soft landscaped areas / permeable surfaces to less than 20% of the site area.

 

Scaled revised drawings, including plans, elevations, cross sections and long sections, and relevant landscaped area and permeable surfaces calculations, demonstrating compliance with the above requirements shall be submitted. The drawings shall clearly indicate the existing and proposed ground lines, the extent of excavation and backfilling, the design details of retaining wall structures and any new steps or stairs required.

 

2.     Fixed screening devices shall be installed on the side elevations of both the ground and first level rear decks for a minimum distance of 1500mm, as measured from the rear wall of the building.

 

The screens shall be installed above the deck balustrades up to the underside of the corbelling. The screens shall be constructed with 35mm wide timber or metal slats, horizontally positioned, and spaced at a maximum of 35mm, or another appropriate design that effectively restricts cross viewing to the private open space of the adjoining properties.

 

Scaled amended plans demonstrating compliance with the above shall be submitted.

 

3.     The design of the side and rear boundary fencing shall be amended in the following manner:

 

(a)    The fencing along the eastern boundary of the site shall have a height of not more than 2200mm, as measured from the existing ground levels.

 

(b)    The maximum height of fencing along the western and northern boundaries of the site shall be not more than 2000mm, as measured from the existing ground levels.

 

(c)    On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the abovementioned specified height by up to 150mm maximum adjacent to any required “step-downs” or changes in ground level.

 

(d)    Revised scaled drawings demonstrating the height, alignment, design and materials of the side and rear boundary fencing shall be submitted.

 

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

 

        Details of the proposed colours, materials and textures of the external walls, roof tiles, window frames, doorways, balustrades, fencing and screening devices (i.e. a schedule, brochure/s or sample board) are to be submitted.

 

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

 

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

 

Conditions of Consent:

 

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 following plans:

 

 

Plan Number

Dated

Received

Prepared By

0032/09 Sheet 1(A)

15/4/09

24 April 2009

Classic Plans

0032/09 Sheet 2(A)

15/4/09

24 April 2009

0032/09 Sheet 3(A)

15/4/09

24 April 2009

0038/09 Sheet 4(A)

20/1/09

24 April 2009

 

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

 

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

 

3.       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.

        

4.       The finished ground levels external to the building are to be consistent with the development consent and are not to be raised (other than for the provision of approved paving or the like on the ground) without the written consent of Council.

 

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

 

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

 

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

 

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

 

9.       The windows attached to the walk-in-wardrobe, bathroom, laundry and stairwell areas on the upper floor level are to be constructed with obscured / frosted / translucent glazing. Details demonstrating compliance with this requirement shall be incorporated in the Construction Certificate documentation.

 

10.     The fence on the street alignment is to be a maximum height of 1800mm and be designed so that the upper two thirds of the fence (excluding any piers or posts) is at least 50% open, to maintain reasonable levels of amenity to the adjoining residential development and the streetscape.

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100001 - $200000

------

0.5%

------

Development cost more than $200000

$1,330,670

1.0%

$13,306.70

       

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

 

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

 

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

 

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

 

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

 

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

 

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

 

14.     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)

 

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

 

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

 

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

 

16.     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 compliance with the Swimming Pools Act 1992 and to maintain public safety and amenity:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

·      before 7.00am or after 8.00pm on weekdays.

 

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

 

23.     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.

 

24.     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.

 

25.     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:

 

26.     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.

 

27.     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.

 

28.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

32.     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.

 

33.     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.

 

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

 

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

 

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

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

 

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

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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:

 

39.     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.

 

40.     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.

 

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

 

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

 

42.     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 No.’s 14 and 18 Howell Avenue Matraville.

 

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

 

43.     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.

 

44.     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:

 

45.     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.

 

46.     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).

 

47.     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.

 

48.     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.

 

49.     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.

 

50.     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.

 

51.     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.

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

53.     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.

 

54.     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.

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   $1000.00   -      Damage/Civil Works Security Deposit

 

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

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

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

 

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

 

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

 

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

 

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

 

a)   Construct a concrete 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.

 

61.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

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

 

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

 

63.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must match the back of the existing footpath along the full site frontage.

 

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

 

65.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $671.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid to Council prior to a construction certificate being issued for the development.

 

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

 

66.     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.

 

67.     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.

 

68.     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 Councils Road/Asset Opening Officer on 9399 0691 or 9399 0999.

 

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

 

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

 

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

 

The 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:

 

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

 

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

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system.  This may involve either connection to the Council's street gutter, or into a Council stormwater pit.  Note:  All proposals should indicate the location of the closest Council stormwater pit and line regardless of the point of discharge.  This information can be obtained by a visual inspection of the area and perusing Council's drainage plans.

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

71.     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.

 

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

 

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

·      To an infiltration system designed in accordance with Council's requirements (subject to a satisfactory Geotechnical Engineers report).

 

73.     Should stormwater be discharged to Council’s street drainage system, on-site detention must be provided to ensure that the maximum discharge from the above site is not to exceed that which would occur during a 1 in 5 year storm of 1 hour duration for the existing site conditions. All other stormwater run-off from the above site for all storms up to the 1 in 20 year storm is to be retained on the site for gradual release to the kerb and gutter or drainage system as required by the Director of Assets and Infrastructure Services.  Provision is to be made for satisfactory overland flow should a storm in excess of the above parameters occur.

 

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

 

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

 

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

 

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

 

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

 

75.     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.

 

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

 

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

 

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

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

82.     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.

 

83.     A sediment/silt arrester pit must be provided:

 

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

·      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.

 

·      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.

 

84.     Prior to the issue 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 to ensure that the onsite detention system and/or infiltration system is maintained and that no works which could affect the design function of the detention system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

 

Notes:

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

b.  The linen plans shall indicate the location and dimensions of the detention/infiltration areas. 

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

 

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

 

·      The location of the detention basin with finished surface levels;

·      Finished site contours at 0.2 metre intervals;

·      Volume of storage available in the detention areas;

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

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

·      Details of any infiltration/absorption systems; and

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

 

86.     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 to the satisfaction of the PCA.

 

The following condition is applied to provide adequate provisions for waste management:

 

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

 

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

 

88.     Landscaping shall be provided to the whole of the site to enhance its amenity and reduce the impact of the development upon both the streetscape and neighbouring properties.

 

89.     A Landscape Plan prepared by a professional holding the minimum qualification of an Associate Diploma in Landscape/Horticulture (must also be a registered member of either AILDM, AILA or equivalent), must be submitted to, and be approved by the PCA, prior to the issue of a construction certificate (with a copy to be provided to Council if not the PCA, prior to the commencement of any site works), and is to include the following:

 

a)     A predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions;

 

b)     A planting schedule which indicates all proposed planting, including botanic names, sizes at maturity, quantities, pot size at the time of planting and location;

 

c)     One x 100 litre (pot/bag size at the time of planting) tree which will attain a minimum height at maturity of between 4-7 metres, within the lawn area indicated for the eastern half of the front portion of the site, so as to soften the visual impact, bulk and scale of the proposed building on the streetscape;

 

d)     A further 2 x 25 litre (pot size at the time of planting) trees within the rear yard, selecting those species which will attain a minimum height of 6 metres at maturity, for the same reasons outlined in point ‘c’ above, as well as to compensate for the loss of several established trees which need to be removed to accommodate the proposed works;

 

e)     Suitable perimeter screen planting along the length of both the northern and eastern boundaries as shown.

 

90.     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.

 

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

 

Tree Management

92.     Approval is granted for the applicant to remove and dispose of (at their own cost) the most eastern of the two existing Callistemon viminalis (Weeping Bottlebrush’s), on Council’s Howell Avenue nature strip, towards the eastern site boundary, during excavations associated with the proposed vehicle crossing as shown, and must satisfy themselves as to the location of all site services prior to the commencement of any works on public property.

 

93.     The approval provided above is subject to the applicant submitting a payment of $650.00 (no GST) to Council, being compensation for the loss of amenity caused by removal of this street tree for no other reason than to accommodate the proposed works.

 

The contribution shall be paid into Tree Amenity Income account no 4001.768401 at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development.

 

94.     Approval is granted for removal of the following trees, subject to full implementation of the new landscape scheme, as detailed earlier in this report:

 

·      The two separate, single trunk Archontophoenix cunninghamiana (Bangalow Palms) within the western half of the front yard, between the internal driveway and entry path, in order to accommodate the proposed works and new landscape treatment in this area of the site;

 

·      Along the eastern side setback, one Syzygium luehmannii (Small Leafed Lilly Pilly), both due to its inappropriate location near the northeast corner of the existing dwelling, as well as to accommodate the proposed basement, ground and first floor works as shown;

 

·      One large and mature Magnolia grandiflora (Bull Bay Magnolia) in the rear yard, due both to its inappropriate location close to the southeast corner of the existing garage/storage shed, as well as to accommodate the new retaining wall and pool house/games room as shown;

 

·      One Schefflera actinophylla (Umbrella Tree) to the west of the tree described in point ‘c’ above, along the western boundary, as this species is recognised as an environmental weed in the Randwick LGA.

 

Tree Pruning

95.     Permission is granted for the selective pruning of only those lower growing branches from the western aspect of the Metrosideros excelsa (Pohutukawa), located beyond the northeast corner of the existing dwelling, actually in the rear yard of the adjoining property to the east, 18 Howell Avenue, close to the common boundary, which need to be pruned in order to avoid damage to the tree, or interference between the tree and works, either during the course of construction or upon completion.

 

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

 

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

 

Tree Protection Measures

98.     In order to ensure retention of the most western of the two Callistemon viminalis (Weeping Bottlebrush’s) on Council’s Howell Avenue nature strip, towards the western site boundary, and to the east of the existing vehicle crossing in good health, the following measures are to be undertaken:

a.       All documentation submitted for the construction certificate application must show the retention of this street tree, with the position and diameter of both its trunk and canopy to be clearly shown on all drawings.

b.       The construction certificate plans must also provide measurements which show that the eastern edge of the most western vehicle crossing will be setback a minimum distance of 1.5 metres from its trunk (measured off its outside edge at ground level).

c.       Any new services, pipes, stormwater systems or similar that need to be installed over public property, must be done so along either the sites side boundaries; or, a distance of 3 metres to the east of its trunk.

d.       This tree is to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall be located a minimum distance of 2 metres to its east (measured off the outside edge of its trunk at ground level), as well as along the kerb to its south, the proposed crossing to its west, and the pedestrian path to its north, in order to completely enclose this tree for the duration of works.

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

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

g.       Within the zone specified in point ‘d’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

h.       Any roots encountered during excavations associated with the most western vehicle crossing must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible

i.        A refundable deposit in the form of cash, credit card or cheque for an amount of $1,000.00 (no GST) shall also be paid at the Cashier on the Ground Floor of the Administrative Centre, prior to a construction certificate being issued for the development, in order to ensure compliance with the conditions listed in this consent, and ultimately, preservation of this street tree.

 

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

 

Any contravention of Council's conditions relating to the tree at any time during the course of the works, or prior to the issue of a final occupation certificate, may result in Council claiming all or part of the lodged security in order to perform any rectification works necessary, as per the requirements of 80A (6) of the Environmental Planning and Assessment Act 1979.

 

Tree Protection Measures

99.     In order to also ensure retention of the Metrosideros excelsa (Pohutukawa), located beyond the northeast corner of the existing dwelling, actually in the rear yard of the adjoining property to the east, 18 Howell Avenue, close to the common boundary, in good health, the following measures are to be undertaken:

a.       All documentation submitted for the construction certificate application must show the retention of this tree, with the position and diameter of both its trunk/s and canopy to be clearly shown on all drawings.

b.       All plans must show that a setback of 3 metres will be provided between the point where the trunk/s of this neighbouring tree meet the common boundary, and the proposed access stairs and storage space, with the nominated construction method for this component needing to be mindful of the requirement that must be no excavations within this exclusion zone.

c.       In order to maintain acceptable rates of air and moisture to the root system of his neighbouring tree, the area along the eastern side boundary, for the full width of its canopy (ie a distance of approximately 8 metres) must remain as undisturbed, deep soil, with existing levels/grades in this same area to be retained as existing.

d.       Fencing along this boundary, beneath the 8 metre long extent of its canopy as described above, must be a type which does not require a continuous strip footing, with only localised pad footings to be utilised in this instance.

e.       Within the 3 metre exclusion zone specified in point ‘b’ above, there is to be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble.

f.        Any roots encountered during excavations or any other associated works must be cut cleanly by hand, and the affected area backfilled with clean site soil as soon as practically possible.

 

ADVISORY MATTERS:

 

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

 

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

a)     Part B1                  -     Structural provisions

b)     Part C1                 -     Fire resistance and stability

c)     Part C2                 -     Compartmentation and separation

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

e)     Part D1                 -     Provisions for escape, in particular, basement                        carpark

f)      Clause D1.2            -     Number of exits required (see above)

g)     Part E1                  -     Fire fighting equipment

h)     Part E2                  -     Smoke Hazard Management

 i)     Part F1                  -     Damp and weatherproofing

j)      Part F4                  -     Light and ventilation, in particular, to carpark

k)     Part F5                  -     Sound Transmission and Insulation

l)      Section J               -     Energy efficiency

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil


Ordinary Council

28 July 2009

 

 

 

Director City Planning Report No. CP38/09

 

 

Subject:                  79-81 Hannan Street, Maroubra

Folder No:                   DA/113/2009

Author:                   Philip North, Senior Assessment Officer     

 

Proposal:                     Demolition of two existing single storey dwelling houses and the construction of a new five storey residential flat building containing fifteen two bedroom dwellings, five one bedroom dwellings, car parking for twenty two vehicles and strata subdivision.

 

Ward:                      Central Ward

 

Applicant:                Sgammotta Architects

 

Owner:                         L & M Andrews & C & G Davis

 

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.Executive Summary

 

This application is referred to Council as a major development of a value in excess of $2,000,000.

 

The application seeks consent for the demolition of two existing single storey dwelling houses and the construction of a new five storey residential flat building containing fifteen two bedroom dwellings, five one bedroom dwellings, car parking for twenty two vehicles and strata subdivision.

 

It was lodged on 25 February 2008 and notified to the surrounding properties and advertised in the press for 14 days from 11 March to 25 March 2009. Seventeen letters of objection (two from one resident counted once) and two petitions of 58 signatures were received raising a variety of concerns. The concerns included insufficient parking, traffic congestion, overshadowing, bulk and scale, privacy and view loss.

 

The application was referred to the 6 April 2009 SEPP 65 Design Review Panel (DRP) which was generally supportive of the proposal with recommendations for minor amendments, the most important of which have since been made.

 

The proposal is deficient six car parking spaces for which the applicant has offered to enter into a Voluntary Planning Agreement (VPA) involving a monetary contribution of $10,000 per space to cover the shortfall. This offer is considered acceptable.

 

These issues were satisfactorily addressed by way of amended plans received by Council on 22 May 2009. 

 

The recommendation is for deferred commencement approval subject to satisfying conditions relating to the finalisation of the VPA relating to car parking spaces.

 

2.    The Proposal

 

The application proposes a new five storey residential flat building with a two level basement and consists of the following:

 

·    The demolition of the two existing single storey dwelling houses on site;

·    Two levels of basement car parking providing parking for 22 cars, garbage room, and other service facilities;

·    Ground floor:

o 3 x 2 bedroom apartments;

o 1 x 1 bedroom apartment;

o Common landscaped area.

·    1st Floor

o 3 x 2 bedroom apartments;

o 1 x 1 bedroom apartment;

·    2nd Floor

o 3 x 2 bedroom apartments;

o 1 x 1 bedroom apartment;

·    3rd Floor

o 3 x 2 bedroom apartments;

o 1 x 1 bedroom apartment;

·    4th Floor

o 3 x 2 bedroom apartments;

o 1 x 1 bedroom apartment;

 

·    Total:  20 units (5 x 1 bedroom &  15 x 2 bedroom).

 

It is also proposed to carry out an adjustment to the northern boundary by allocating the northern 2 metres to Council to widen Glanfield Street.

 

3.    The Subject Site and Surrounding Area

 

The site is located on the eastern side of Hannan Street and the southern side of Glanfield Street on the corner of the junction between them. It lies some 360m from Anzac Parade at its intersection with Maroubra Road at the centre of the Maroubra Junction Town Centre.

 

Directly to the south and east is an existing multi-storey residential flat building with several more similar structures to the east. Across Hannan Street to the west are detached dwelling houses in a 2A zone while to the north across Glanfield Street are also detached dwelling houses located in a 2B zone. The site is zoned 3A General Business.

 

The site has a frontage of 24.49 metres to Hannan Street and a depth of 30.275 metres and a site area of 741.3m2,. The site currently consists of two lots and two single storey detached dwelling houses.

 

The site falls along Glanfield Street to the west and also has a slight fall to the north along Hannan Street.

 

4.    Site History

 

4.1      Application History

A pre-lodgment application was lodged for a similar development in 2004 (PL/10/2004). The design was prepared by a different architect and approached the site differently with the deep soil planting located to the south of the development and a built form which generally extended across the full width of the site.

 

The subject application was lodged on 25 February 2009 and notified to the surrounding properties and advertised in the press for 14 days from 11 March to 23 March 2009. Twelve objections and two petitions of 58 signatures were received raising a variety of concerns. These included insufficient parking, traffic congestion, overshadowing, bulk and scale and privacy.

 

The application was referred to the 6 April 2009 SEPP 65 Design Review Panel (DRP) which was largely supportive of the proposal with recommendations for only minor amendments.

 

Council subsequently advised the applicant of the SEPP 65 panel comments and a number of other minor issues.

 

Amended plans were received by Council on 22 May 2009. These involved relatively minor changes and did not require renotification but satisfactorily addressed both the concerns of Council and those of the SEPP 65 panel.

 

Figure 2: The subject site and surrounding area.

 

4.2      History of Site Usage

Previous applications submitted for development on the 79 Hannan St include:

Development No.

Description

Determination

BA/65/1971

EXTENSIONS

Approved 1971

BA/877/1984

ADDITION TO RESIDENCE

Approved 1984

BA/237/1988

TOP FLOOR ADDITION

Approved 21 Mar 1988

 

Previous applications submitted for development on the 81 Hannan St include:

Development No.

Description

Determination

BA/526/1974

CARPORT

Approved 1974

 

5.    Community Consultation

 

The proposal has been notified and advertised in accordance with the Local Environmental Plan 1998. The following submissions were received:

 

5.1 Objections

Objections to the proposed development have been received from the following residents:

 

42 Hannan Street:

 

Issue

Comment

Traffic along Hannan Street is very busy and approval of development would prove dangerous.

The application has been assessed by Council’s development engineer who advises that the number of traffic movements will be relatively low and not result in unreasonable or dangerous traffic impacts.

 

77 Hannan Street

 

Issue

Comment

Insufficient parking on Hannan St.

Parking for the development is proposed on site. Council’s development engineer has assessed the application and concluded that any additional parking generation is within the capacity of the local street network.

Insufficient room on street to accommodate the garbage bins generated by the development.

The 21 bins proposed for the development will require slightly over 10m on the Glanfield St road frontage which provides approximately 19 metres, well in excess of the space required.

Excess vehicle movements in Glanfield Street.

The application has been assessed by Council’s development engineer who advises that the number of traffic movements will be relatively low and not result in unreasonable or dangerous traffic impacts.

 

84 Glanfield Street

 

Issue

Comment

Excess vehicle movements in Glanfield Street.

See comments above.

Collection of garbage bins in Glanfield Street is unsightly and this proposal will worsen the situation.

The garbage collection arrangements are consistent with Council policies and collection methods.

 

98-102 Maroubra Road (including two petitions, letter from BBC Planning, letter from M.H. Peoples & Co Solicitors, units 304, 403, 603, 703, 704 & 903):

 

Issue

Comment

Geotechnical report should be provided.

Council’s development engineer considers that a geotechnical report is not necessary due to the relatively shallow depth of the basement and the absence of ground water conflicts in this location and at this depth. Protection of the adjacent property will be addressed by way of suitable conditions of consent.

Acoustic details are required.

As above, this issue will be addressed by way of suitable conditions of consent.

Potentially hazardous materials (including asbestos) contained in existing buildings which could be released during demolition.

Conditions will be applied to any consent to address demolition issues including asbestos.

Inadequate building separation.

The building separation between the south eastern portion of the proposal and the balconies of 98 Maroubra Road are around 10m for the nearest habitable room and 12m for the balcony. Nevertheless, the objectives of the control appear to be met as follows:

·      Scale: the scale of the development is suitable for the area and more modest than most development to the south.

·      Privacy: All interfacing windows are fitted with obscure glass and the narrow portion of interfacing balcony is fitted with privacy screens.

·      Useable open space: not only do all apartments have generously sized balconies but an adequate area of common open space is provided to the south and east of the building footprint.

·      Deep Soil Planting: Suitable deep soil planting is provided to the east of the site.

 

Note that the degree of separation was considered appropriate by the SEPP 65 Design Review Panel.

 

Non-compliant setbacks

The southern 0m setback of the western most portion of the development is consistent with the Building Envelope for the site and also consistent with the nominated 0m side setback. The non-compliant setback to Hannan Street actually reduces the impacts upon 98 Maroubra Road. See discussion in Section 10.1 below.

 

Overshadowing

See discussion under section 10.1 below.

Privacy impacts from south facing windows should be addressed by way of translucent glass.

The application has been amended to include this.

Glanfield Street is very narrow further exacerbating traffic congestion.

It should be noted that the proposal involves the dedication to Council of 2m on the northern boundary towards the widening of Glanfield Street. This will assist in alleviating the problem.

School children and elderly persons use Glanfield Street.

The issues of pedestrian safety have been considered by Council’s development engineer in their assessment. Conditions have been recommended requiring the construction of a new public footpath on the northern Glandfield Street boundary which should address this issue.

Value of units will be reduced.

This is not an assessment consideration under s79C of the Act.

Adverse traffic impacts and inadequate parking

The traffic impacts have been assessed by Council’s development engineer. See discussion under Section 6.1 below.

Excess bulk and scale

The proposal is consistent with the DCP height limits, building envelope, site coverage and landscape area controls and has an appropriate relationship to the streetscape. As such, it is not considered to have excessive bulk and scale.

Garbage collection

See discussion above.

Precedent for other similar developments in Hannan Street.

This site is specifically zoned for multi-unit development of up to 5 stories whilte the remainder of Hannan Street is not. As such, the proposal would not set a precedent for other similar developments as this is the last remaining site of its zoning in Hannan Street and is also subject to detailed site specific planning controls to which it generally conforms.

The remainder of Hannan Street is zoned either 2A or 2B and would only permit development of single dwelling houses or low scale multi-unit buildings up to 9.5m high.

Wind tunnel effect

There is no evidence to suggest that this could be a significant issue.

Visual impact of wall on side boundary

The application has been amended to remove a 3m long x 5 storey high section of blade wall which will minimize this type of impact. The result will be that the zero lot line wall does not sit directly opposite any of the units and only straddles a 3m length of the podium.

Loss of city skyline views

See discussion of view loss below at end of this section.

 

104-112 Maroubra Road (including units 401, 504, 505, 607, 803 & unidentified unit):

 

Issue

Comment

Geotechnical report should be provided.

See previous comments above.

Asbestos hazard

See previous comments above.

Parking and traffic impacts.

See comments of Council’s Development Engineer in Section 6.1 below.

Garbage pick-up

See previous comments above.

Road widening not shown on plans.

The dedication of the northern 2m of the existing site to Council is clearly shown on the plans (although as verge rather than road). The recommended conditions of consent require a road widening of approximately 1m.

Possibility of cars parking on Glanfield Street and creating traffic flow issues.

The recommended conditions of consent require that the applicant install “No Stopping” signs along the Glanfield Street frontage, to the satisfaction of Council’s Traffic Engineer and relocate the existing “Give Way” sign at the Glanfield Street/Hannan Street intersection.

This should be sufficient to address this issue.

Construction Certificate conditions:

See below:

- insurance for timely completion:

This is not a condition which Council can reasonably or practicably impose but is in the developer’s best interests to complete the project in a timely manner.

- insurance for damage to adjacent properties

This issue is addressed by standard conditions of consent.

- hours of work should be 7:30am – 4:30pm and generally not on Saturdays

The recommended conditions of consent permit work 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.

These conditions are those typically applied to developments of this kind and are considered adequate to minimise the noise levels during construction and loss of amenity to nearby residents.

- Noise and dust control

The recommended conditions of consent include suitable conditions to address these issues.

- Construction interfering with traffic flow

The recommended conditions of consent include suitable conditions to address these issues.

5 storey building will be incongruent in the urban context.

The site specific planning controls which apply to this site permit a building of the height proposed.

Solar access.

The shadow diagrams provided indicate compliance with the applicable solar access controls (see assessment for 98 Maroubra Road under Section 10.1 below – the impact upon 104 would be less).

Privacy issues.

There is at least 15m separation between no. 104 and the nearest part of the proposed development; this is considered adequate to preserve acceptable levels of privacy. In addition to this, deep soil planting including canopy trees is proposed between the two buildings which will further reduce privacy impacts.

Loss of value.

See previous comments above.

View impacts.

See discussion of view impacts below.

 

View Loss Assessment:

Loss of outlook generally was raised by several objectors from the existing residential flat buildings at both 98-102 and 104-112 Maroubra Road. 

 

To assess whether the extent of view loss which would result from the proposal is reasonable, an analysis will be undertaken with reference to the Land and Environment Court Planning Principle established in the matter of Tenacity Consulting v Warringah (2004) NSWLEC 140:

 

1. Quality of Views:

The first step is the assessment of views to be affected. Water views are valued more highly than land views. Iconic views (eg of the Opera House, the Harbour Bridge or North Head) are valued more highly than views without icons. Whole views are valued more highly than partial views, eg a water view in which the interface between land and water is visible is more valuable than one in which it is obscured.

 

Planner’s Assessment:

The view for both buildings consists primarily of foreground and district views of the low density residential buildings and vegetation of Maroubra and the eastern suburbs; it contains no water elements (see photograph below). These district views are not remarkable or of great scenic value but are clearly valued by the residents. In the far distance can be seen the full expanse of the CBD skyline including Centrepoint Tower. Although this view contains some iconic elements it is extremely distant and difficult to perceive in detail; on the morning of the site inspection, it was largely obscured by low cloud cover. There is no view of important iconic elements such as the Opera House or the Harbour Bridge.

 

Rating: moderate

2. Reasonable Expectation of View Retention:

The second step is to consider from what part of the property the views are obtained. For example the protection of views across side boundaries is more difficult than the protection of views from front and rear boundaries. In addition, whether the view is enjoyed from a standing or sitting position may also be relevant. Sitting views are more difficult to protect than standing views. The expectation to retain side views and sitting views is often unrealistic.

Planner’s Assessment:

The view is obtained across the side boundary which is generally considered difficult to preserve.

 

Rating: difficult to protect.


3. Extent of Impact:

The third step is to assess the extent of the impact. This should be done for the whole of the property, not just for the view that is affected. The impact on views from living areas is more significant than from bedrooms or service areas (though views from kitchens are highly valued because people spend so much time in them). The impact may be assessed quantitatively, but in many cases this can be meaningless. For example, it is unhelpful to say that the view loss is 20% if it includes one of the sails of the Opera House. It is usually more useful to assess the view loss qualitatively as negligible, minor, moderate, severe or devastating.

 

Planner’s Assessment:

The proposal would remove the view of the CBD skyline for all the north facing units of 98-102 up to about the fifth level; this would be the case for the primary balconies, the living rooms and the kitchens. Despite this, pleasant district views would remain towards the west and north west for the north western units; the north eastern units would retain excellent district views towards the north from their primary balconies and living areas. The impact would be much less severe for 104-112 as it would retain a clear expanse of district views to the north.

 

Rating:      North western units 98-102: moderate impact.

               North eastern units 98-102:: minor impact.

Units 104-112: very minor impact

 

4. Reasonableness of Proposed Development:

The fourth step is to assess the reasonableness of the proposal that is causing the impact. A development that complies with all planning controls would be considered more reasonable than one that breaches them. Where an impact on views arises as a result of non-compliance with one or more planning controls, even a moderate impact may be considered unreasonable. With a complying proposal, the question should be asked whether a more skilful design could provide the applicant with the same development potential and amenity and reduce the impact on the views of neighbors. If the answer to that question is no, then the view impact of a complying development would probably be considered acceptable and the view sharing reasonable.

 

Planner’s Assessment:

The application generally complies with the applicable planning controls in respect of site coverage, density of development, massing and height. Although it does not comply with the western street setback, this non-compliance benefits both the streetscape and minimizes impacts upon neighboring properties and is supported by the Design Review Panel. In particular, its eastern side has been configured with a setback from the southern boundary (which was not required by the DCP) to further minimize impacts upon the property to the south. In contrast, a lower height would not only be at odds with the applicable site specific planning controls (which clearly envisage a five storey building), but  would also result in a less appropriate built form given the context of surrounding development. Importantly, there are no readily available alternative design solutions which would reduce the impact.

 

Rating: Very reasonable.

 

Conclusion:

Although the CBD skyline view is of value and interest and experienced from the primary internal and external living spaces, it is very distant and perceived across a broad expanse of relatively unremarkable district views and is considered to be of limited scenic importance. The proposal itself is generally compliant with the applicable site specific planning controls and is considered a reasonable solution which is consistent with the planning objectives for the site; furthermore, it is a skillful design which has minimized impacts upon adjacent properties by careful distribution of its massing within the permitted building envelope. Given this, the resultant view loss is considered appropriate and acceptable.

 

Figure 3: Objector’s photograph (98-102 Maroubra Road) of CBD skyline view which would be blocked by the proposed development.

 

6.    Technical Officers Comments

 

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

 

6.1      Development Engineers

The application has been referred to the Development Engineer for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

Parking

The parking requirements for the proposed development, using Council’s DCP-Parking, calculate out to be a total of 28 parking spaces (23 residential spaces & 5 visitor spaces).

 

The submitted plans show parking spaces for 22 vehicles in which parking spaces 8 & 17 appear non-compliant with AS/NZS 2890.1:2004, leaving a shortfall of 8 spaces out of a required 28 which is not supported by Development Engineering.

 

The report by Traffix recommends that spaces 8 & 17 be used as small car spaces however in their current form they do not comply with AS/NZS 2890.1:2004 which requires small car spaces to have dimensions of 2.3m x 5.0m. Should the assessing officer accept 2 small car spaces within the development then alterations to car space dimensions and aisle widths are required to demonstrate the small car spaces fully complied with AS/NZS 2890.1:2004 (2.3m x 5.0m)

 

Should the applicant submit satisfactory details showing acceptable small car space dimensions with acceptable aisle widths then the remaining 6 car space deficiency in parking may be resolved by either requesting car stackers be installed or Council seek an agreement from the applicant to contribute monetary contributions for deficiency in parking.

 

If car stackers are determined as the acceptable option then amended plans showing details and location of the proposed car stackers prior to issuing Development Consent.

 

NOTE: Should the development be approved without the need for visitor spaces and thus car wash bays then Condition No 38 of this report requesting car wash bays shall be deleted.

 

Drainage Comments

On site stormwater detention is required for this development.

 

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

 

Traffic Comments

The expected peak flow volume of approximately (20 units x 0.29) 6 vehicles per hour is considered low and no delays should be experienced in Glanfied Street as a result of this development.

 

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.

 

The driveway opening at the Glanfield Street frontage must be a minimum of 5.50 metres wide and located at least 1.5 metres clear of the side property.

 

The internal driveway must be a minimum 5.50m wide (clear width) for the first 6 metres inside the property so as to allow entering & exiting vehicles to pass within the site. Should the driveway narrow after this point it is then to be designed with a minimum 1.5m x 1.5m splay to allow the passing to work.

 

Road Widening Comments

The development is required to dedicate 2.00m of land along the Glanfield site frontage. Due to the increased traffic flow generated by development the applicant will be required to meet the cost for Council to relocate the kerb line in Glanfield Street to an off-set distance of 1.50m from the dedicated Glanfield Street boundary so as to improve traffic flow along this section of Glanfield Street.  

 

Waste Management Comments

The development site will result in 10 additional garbage bins and 10 recycling bins

 

Service Authority Comments

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

 

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

 

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

 

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

 

Given that the proposed works will be in excess of $2 million the applicant will be required to meet all costs associated with replacing any overhead wires with underground cables in the vicinity of the development site.

 

An inspection of the site revealed that the applicant will only need to underground the cables servicing the subject development site for the overhead cable located across Hannan Street.

 

It is noted there are overhead cables that run along the opposite side of Glanfield Street (northern side) which Development Engineering do not consider to be the responsibility of undergrounding by the subject development.

 

Landscape Comments

Consistent with advice provided for a pre-lodgement application back in 2004 (refer PL/10/2004), all existing vegetation within both properties was observed to be relatively insignificant, with no objections raised to their removal in order to accommodate the proposed works and new landscape scheme as shown.

 

Therefore, the main points from a landscape perspective that have been considered as part of this assessment relate to the amount and quality of landscape treatment that will be provided; the level of screening, privacy and environmental amenity that will be afforded to both future occupants and adjoining neighbours, as well as the ability of the proposed landscaping to assist with the integration of such a development into the streetscape and surrounding area.

 

Due to the extent of the basement, the only deep soil able to be provided comprises a 4.5 metre wide strip along the length of the eastern boundary, between the eastern wall of the basement and eastern boundary, which also returns along a portion of the southern boundary, and will accommodate the main area of private open space and virtually all site landscaping.

 

The Planting Plan indicates the use of several low, broadly spreading trees along the eastern boundary, which while decorative, will only attain on average about 3-6 metres in height, and while this will be a substantial improvement of site amenity compared to what is currently provided, as this building will be 5 storeys high (15 metres above ground level), conditions require that alternative species which will achieve more substantial dimensions be incorporated in this specific area of the site, with deciduous species also deemed appropriate given the aspect.

 

6.2      Environmental Health Services

The application was not referred to Environmental Health Services.

 

6.3      Building Services

The application has been referred to Building Services for comment, conditions have been provided for inclusion with any consent granted. The following comments were received:

 

The Proposal

 

The proposal provides for the demolition of the existing dwellings and construction of a new 5 level, 6 storey Multi Unit Housing residential development. The development will contain 5 levels of sole occupancy units and 2 levels of basement parking

 

BCA Building Classification

 

Class -      2      (Residential Units)

Class -      7a    (Carpark)

 

Background

 

The existing buildings on site are post war brick cottages bounded by buildings of a similar nature and large mixed residential/commercial premises .

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Noise:

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

 

Site Management:

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

 

Access for people with a disability:

Access and facilities for people with disabilities is not required under the Building Code of Australia, however, an adaptable unit is required to be provided in accordace with Councils multi unit housing policy where between 15 and 29 units are proposed. It is noted that access is available via the main entry and a passenger lift connects all floors.

 

7.    Master Planning Requirements

 

The subject site has a total area of 741.3m2. As such the Master Plan requirements contained within Clause 40A of the Randwick Local Environmental Plan 1998 are not applicable.

 


8.    Relevant Environmental Planning Instruments

 

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

 

-   Environmental Planning and Assessment Act 1979 as amended.

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

-   State Environmental Planning Policy No. 55 – Remediation of Land (SEPP 55)

-   State Environmental Planning Policy 65 – Design Quality of Residential Flat Development

-   Randwick Local Environmental Plan 1998

-   Maroubra Junction Town Centre DCP

-   Development Control Plan – Parking

-   Building Code of Australia.

 

8.1 Randwick Local Environmental Plan 1998

 

The site is zoned General Business 3A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The following Clauses of the LEP 1998 also apply to the proposal:

 

Clause

Requirement

Proposal

Compliance

40

Excavation & Filling of Land

The degree of excavation for two basement levels is considered appropriate and is consistent with the extent of excavation in the locality. 

Complies

42D

Maroubra Junction Town Centre

 

 

42D(1)

Applies to the land comprising the Maroubra Junction Town Centre, as identified by heavy black edging on the map marked “Randwick Local Environmental Plan 1998 (Amendment No 33)”

The subject site is located within the Maroubra Junction Town Centre according to the map of the LEP.

 

Applies

42D(2)

Objectives

 

 

 

(a) to achieve high quality design in all new development and improvements undertaken in the public domain

The proposal is considered to deliver a high quality built form that improves the streetscape.

 

Complies

 

(b) to encourage a vibrant and active town centre

The proposal will introduce residential population that provides activation of the town centre precinct.

 

Complies

 

(c) to provide opportunities for residential development in the town centre that complement the primary business function

The proposed residential units will introduce a resident and employee population that reinforces the vibrancy of the town centre.

 

Complies

 

(d) to encourage a variety of housing that complements development within the town centre

The proposal includes both 1- and 2-bedroom units, which will cater for different household needs in the area.

 

Complies

 

(e) to ensure that social and cultural needs are considered with any development proposals in the town centre

The proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the visual character of the street and the surrounding public domain.

 

Complies

 

(f) to encourage and facilitate the provision of vehicular access and off-street parking

The development has incorporated suitable on-site parking and access facilities.

Complies

 

 

 

 

 

(g) to ensure that public transport and associated facility needs are considered and promoted

The proposal will introduce residential uses in close proximity to public transport services along Anzac Parade and Maroubra Road.

Complies

 

 

 

 

 

 

 

(h) to require environmentally sustainable approaches to future land use and development

The proposed design has maximised use of natural lighting and incorporated appropriate features that reduce energy consumption.

 

Complies

 

(i) to improve the overall environmental quality of the town centre

The proposed development is suitably proportioned and articulated and is satisfactory in urban design terms.

Complies

42D(4)

The maximum number of storeys requirement of the Maroubra Junction Town Centre Development Control Plan adopted by the Council on 18 November 2003 applies to the development of land within the Maroubra Junction Town Centre as if it were incorporated into this plan.

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

 

42D(5)

For the purpose of subclause (4), the maximum number of storeys must correspond with the building height as set out in the Table to subclause (6).

Refer below

 

 

 

 

42D(6)

For the purpose of this clause the maximum height of development is as follows:

5 Storeys: 18m to underside of ceiling of topmost habitable floor

The application proposes a maximum building height of 5 storeys and less than 18m. This is consistent with the maximum requirements of this clause.

Complies

 

8.2    SEPP 55 Remediation of Land

SEPP No. 55 is applicable to the subject site. The policy aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment.

 

The site has a continuous history of residential usage and this does not suggest a risk of contamination.

 

8.3      State Environmental Planning Policy 65 - Design Quality of Residential Flat Development

 

This Policy applies to development being:

a.  The erection of a new residential flat building, and

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

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

d.  If particular development comprises development to which subclause (1) applies and other development, this Policy applies to the part of the development that is development to which subclause (1) applies and does not apply to the other part.

 

The guide stipulates that the SEPP is to be applied in accordance with the following:

 

Definition of residential flat building and application of SEPP No 65

The SEPP will apply to residential flat buildings of three or more storeys (not including levels that protrude less than 1.2m above ground level that are devoted to car parking and storage) and four or more self contained dwelling units. It will not apply to buildings classified as Class 1a or 1b under the Building Code of Australia.

 

The proposed works fall under SEPP 65 and as such the application was referred to the 6 April 2009 Design Review Panel. The comments are included below.

Panel Comments

 

It was noted that this was a Development Application and the second Panel meeting with the applicant.

 

1.      Relationship to the Context of the Proposal

 

The site is located in the north-west corner of the Maroubra Junction DCP area. Therefore the DCP envelopes step down in scale from the taller neighbouring buildings, providing an appropriate transition to the adjoining mixed residential properties.

 

The building forms an L-shaped corner to Hannan and Glanfield Street, setting away from the rear (south) neighbours to best preserve their sun and outlook. As a result, the building is close to the two street boundaries, which the Panel considers to be the better urban outcome.

 

The Panel strongly supports the 2 metre dedication along the Glanfield Street frontage.

 

2.         The Scale of the Proposal

 

Consistent with the DCP, the proposal is 5 storeys in height. There are 4 units per floor that occupy each quadrant, the smallest being the s-e corner, which is a one bed unit skewed for sun and privacy. The lift lobbies, which occupy the centre of the floorplate, nonetheless benefit from a large window for daylight and air.

 

The Panel suggested some minor adjustments be considered to further improve the proposal;

 

·      reduce the length of the blade wall on the south boundary (move the bedroom window to the north opposite the door;

·      investigate realigning the 1 bed unit balcony to have less overshadowing impact on the property to the south

·      adjust the common lobby geometry to give a better front door arrangement;

·      better integrate with the frames of the two small angled balconies on the west façade;

·      consider making greater use of the flat roof, either providing roof gardens on the street front, or creating more / higher top lit and ventilated spaces over the unit entries (in addition or in place of some of the skylights already shown);

 

Planner’s Comment:

The applicant has amended the proposal to address the above comments as follows:

·      The blade wall has been shortened;

·      The alignment of the balcony remains unchanged as closer examination revealed that a change in angle would not have any tangible impact upon overshadowing;

·      The layout of the lobby have been adjusted to produce better use of the space;

·      The suggestion of adding roof gardens has been considered but is not supported as it would result in excess height and potential privacy issues for neighbouring properties.

 

3.         The Built Form of the Proposal

 

The Panel supports the arrangement of the stepped side garden. Its deep soil areas should allow trees to grow to maturity, which will benefit all the neighbours and balance the ugly preponderance of open driveways on adjoining lots. The Panel considers that the smaller basement footprint, and associated lower car parking numbers, is the better outcome for this site, which is well serviced by public transport and facilities.

 

4.         The Proposed Density

 

Appropriate to the evolving urbanity of the area.

 

5.         Resource and Energy Use and Water Efficiency

 

All units benefit from light and air on at least two sides, due to their corner locations.

 

As noted above, the foyers all have daylight and air, and the apartments can all further benefit from toplight / increased spaces.

 

The operable screens and balconies to the north and west facades are strongly supported.

 

Window operation should be indicated on the elevations.

 

Outdoor clothes drying needs to be provided and clearly shown on the plans.

 

Planner’s Comment:

The applicant has amended the proposal to address the above comments as follows:

 

·      Additional rooflights have been added to the top floor apartments;

·      Window operation has been shown on the elevations; and

·      Outdoor clothes drying facilities have been added.

 

6.         The Proposed Landscape

 

The Panel commends the landscape design. The location and generous extent of deep soil planting is highly desirable in such a built up urban context. The deep soil planting area is supplemented by planters along several of the boundaries.

 

The provision of Banksia street tree planting as part of the application is strongly supported.

 

7.      The Amenity of the Proposal for its Users

 

The combination of solid and open balcony balustrades is supported by the Panel, as it provides more privacy for future residents.

 

The units are generally well planned, and all have good sized living rooms opening to large balconies. A number of bathroom and kitchens are located on the external wall, thus reducing artificial lighting and ventilation costs.

 

More detail is required on window design and operation, so that windows can remain open but secure at night and when residents are not home during the day.

 

8.      The Safety and Security Characteristics of the Proposal

 

The building has excellent surveillance of the streets and common gardens, balanced by respecting the privacy of the neighbours to the south and east.

 

A BCA assessment should be undertaken (for example the basement stairs do not currently appear to comply) and integrated with the design.

 

Planner’s Comment:

The applicant will be required to demonstrate BCA compliance at construction certificate stage. A s96 application would be required if it is necessary to alter the form of the design as a result.

 

9.      Social issues

 

The entry to Hannan Street is clearly identifiable, and sheltered. The direct access to the common garden is good.

 

The common lobbies would benefit from minor re-planning to reduce hidden corners.

 

The elevated position of the ground floor units is supported, however they would benefit from having their own independent street entries, as set out in the RFDC.

 

Planner’s Comment:

It is considered that the proposed access arrangements for the ground floor units is satisfactory as they can utilise the security access arrangements of the common lobby and provide a good separation of private and semi-private space while still providing a good level of street surveillance.

 

10.    The Aesthetics of the Proposal

 

Generally acceptable, if the comments noted above are implemented.

 

The Panel considers that the large screen elements, which read as integrated screens to each street façade, are well scaled. Their open ends are well designed. If anything, it would be better for the western balcony screen to be extended to capture at least one of the angled balconies.

 

The walled side and rear elevations would benefit from slightly larger openings, and more material quality.

 

Planner’s Comment:

The applicant has amended the proposal to articulate the southern zero lot line wall with a considered combination of face brick and render which will also have maintenance advantages. They have also enlarged some side and rear openings but also added translucent glass to maintain privacy.

 

Summary and Recommendations

 

The proposal is an efficient use of a compact urban site, and is supported by the Panel.

 

Should the above improvements be made to the assessing planner’s satisfaction, the Panel does not need to review this application again.

 

It is noted that the DRP comments are very supportive of the proposal with only minor modifications suggested. These have since been undertaken and the proposal is considered satisfactory in respect of SEPP 65 requirements.

 

Planner’s Comment:

It is considered that the applicant has satisfactorily addressed the panel’s concerns in the amended submission.

 

8.4    State Environment Planning Policy (Building sustainability Index: BASIX) 2004.

 

SEPP: BASIX requirements came into force for development applications lodged on or after 1 July 2007, involving:

 

        alterations and additions valued at $50,000 or more:

          or

        installation of a swimming pool with a capacity greater than 40,000 litres

 

The proposal is for a new mixed use residential flat building valued over $50,000 and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP.  The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

 

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP:BASIX have been included in the recommendation section of this report.

 

8.5    Any planning agreement that has been entered into under section 93E, or any draft planning agreement that a developer has offered to enter into under section 93E,

 

A Voluntary Planning Agreement (VPA) is proposed between the developer and Council, pursuant to Section 93E of the Act. Under the agreement, the developer will pay a lump sum Development Contribution of $60,000.00 to Council (in addition to any s94A contributions) which will be applied to the cost of construction of various public works to be carried out by Council.

 

The proposed planning agreement involves specific purposes listed in clause 2.4 of Council’s Planning Agreements Policy, as it would meet demand created by the proposed development for new public infrastructure and secure planning benefits for the public. The proposed agreement also satisfies the acceptability test set out in clause 2.5 the Planning Agreements Policy through:-

 

·      Serving proper planning purposes, having regard to statutory planning controls and providing for a reasonable means of achieving that purpose.

·      Producing outcomes that meet the general values and expectations of the community and protect the public interest.

·      Promoting Council’s strategic objectives for planning agreements and conforming to the principles governing the Council’s use of planning agreements.

 

The final details of the VPA still require further notification and acceptance by Council.  Accordingly, there is a need to grant deferred commencement development consent to ensure that the VPA is in place prior to the consent becoming operable.  The details of this deferred commencement are provided in the recommendation of this report. 

 

9.    Draft Environmental Planning Instruments

 

9.1    Draft Randwick Local environmental Plan 2007:

The proposal is not considered consistent with the general aims and objectives of the draft RLEP 2007.

 

10. Policy Controls

 

10.1 Maroubra Junction Town Centre Development Control Plan

The DCP provides a framework for future development in the Maroubra Junction Town Centre. The Town Centre has been divided into 12 blocks (the subject site is located in Block 2). The DCP specifies building controls within each of these blocks, and outlines the desired future character for the precinct, and urban design guidelines to help achieve the vision of Maroubra Junction.

 

Clause

Control

Comments

Compliance

3.1.1

AMALGAMATION

 

 

 

Where vehicular access is required, lots should have a minimum frontage of 20m or have a dual street frontage

The site amalgamates two smaller sites to produce a suitable developable envelope. It also has both a dual frontage and minimum dimensions of 20m.

Complies

3.1.2

SUBDIVISION

It is proposed to amalgamate two existing strata title lots and strata subdivide the development.

Satisfactory

3.1.3

BUILDING ENVELOPES

 

 

 

Residential development not to occupy more than 70% of maximum building envelope. Setback controls override building envelope controls if there is an inconsistency.

70%

Complies

3.1.4

BUILDING HEIGHT

 

 

 

Maximum overall building height of 18m and a maximum 5 storeys.

Maximum building height is 5 storeys and less than 18m.

Complies

3.1.5

BUILDING DEPTH

 

 

 

Residential: Maximum of 22m and 18m glass line to glass line.

 

Satisfactory

 

North western units

Building depth glass to glass is 21m which exceeds the nominal maximum. Nevertheless, these are corner units which benefit from a frontage on two sides with habitable rooms located around the edge and service rooms to the centre. The result is identical to a dual aspect apartment in respect of cross ventilation and daylight access.

Satisfactory

 

North eastern units

The building depth glass to glass is 21m and 16.6m. The comments above also apply.

Satisfactory

 

South western units

Building depth glass to glass is 10.6m. These are typical dual aspect units with some opportunity for cross ventilation (although not as satisfactory as the corner units which have dual aspects to the living rooms and kitchens).

Complies

 

South eastern units

The building depth glass to glass is 21m and 16.6m. The comments above also apply.

Satisfactory

3.1.6

BUILDING SEPARATION

 

 

 

18m between habitable rooms and balconies and same;

13m between habitable rooms and balconies and non-habitable rooms;

9m between non-habitable rooms

Objectives:

·      Desired character

·      Privacy

·      Solar access

·      Useable open space

·      Deep soil planting

 

 

The proposal provides between 10m & 13m between the apartment building to the south and the interfacing section of the proposed development. The proposal performs against the objectives as follows:

Desired Character:

It complies with the height and site coverage/envelope controls.

Privacy:

No transparent windows or unscreened balconies interface with adjoining buildings. Open space areas well below level of units to south. Balconies which may produce noise are not orientated towards the building to the south and are well separated from other residential uses.

Solar Access:

This complies with the provisions of the DCP.

Useable Open Space:

Complies with the numerical controls of the DCP.

Deep Soil Planting:

Greater separation would not increase opportunity as a basement is located under this section of the site.

Satisfactory

3.1.7

ARTICULATION

 

 

 

Buildings to be articulated a minimum of 1m at front and rear above ground floor

 

The building is well articulated with 1.5-2m deep balconies on all street frontages and the eastern side. These are carefully integrated into the well considered architectural modulation of the facades . The blank southern boundary wall is also carefully articulated with contrasting treatment consisting of bands of render and face brick.

Satisfactory

3.1.8

STREET SETBACKS

 

 

 

See 3.2.6 below

 

 

3.1.9

SIDE AND REAR SETBACKS

 

 

 

See 3.2.6 below

 

 

3.1.10

RIGHTS OF CARRIAGEWAY

 

 

 

N/A

 

 

3.2.6

BLOCK 6 BLOCK CONTROLS

 

 

 

Building Envelope Plan

 

 

 

Residential: should not occupy more than 70% of the Building Envelope Plan.

70%

Complies

 

Building Use

 

 

 

All floors residential

Proposal is entirely residential in use

Complies

 

Building Depth

 

 

 

Maximum of 22m and 18m glass line to glass line.

See discussion under 3.1.5 above.

Satisfactory

 

Setbacks

 

 

 

Front Setback: Hannan Street: 3m

1.5m to balconies

3m to building face

 

The proposed setback was supported by the Design Review Panel and is considered to provide a better urban design outcome for the corner site which is more consistent with the envelope at the corner of Hannan St and Maroubra Rd. It also reduces impacts upon 98 Maroubra Rd.

Satisfactory

 

Front Setback: Glanfield Street: 3m

3m

Complies

 

Side Setback: 0m

0m

Complies