Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 25 August 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

25 August 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, 25 August 2009 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Ordinary Council Meeting - 28 July 2009

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Council by Members of the Public

 

Mayoral Minutes

Nil 

 

Urgent Business

 

Director City Planning Reports

CP44/09    79-81 Hannan Street, Maroubra

CP45/09    11 Lurline Street, Maroubra

CP46/09    20 Beach Street, Coogee

CP47/09    17 Clovelly Road, Randwick

CP48/09    11 Judge Street, Randwick

CP49/09    3A Gordon Avenue, Coogee

CP50/09    165A-167B Maroubra Road, Maroubra

CP51/09    13 - 17 Botany Street, Randwick

CP52/09    Reporting variations to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 July to 31 July, 2009

CP53/09    Community Partnerships Funding Program 2009-10 - Recommended Allocations

CP54/09    Progress Report - Deed of Agreement for Affordable Housing Joint Venture Project

 

General Manager's Reports

GM34/09    Affixing of the Council Seal

GM35/09    Review of 2008-12 Management Plan - June 2009 Quarterly Report

GM36/09    Inter-Council Precincts Forum

GM37/09    Sydney Coastal Councils Group - Climate Change Forum for Councillors

GM38/09    Risk Assessment - Kite Flying - Randwick City Council Beaches

 

Director City Services Reports

CS20/09    Community Volunteers Program for the Maintenance of Nature Strips

CS21/09    NSW Community Building Partnership - Funding Program

 

Director Governance & Financial Services Reports

GF35/09    Writing off debts and Delegation of Authority

GF36/09    Local Government Association of NSW - 2009 Annual Conference

GF37/09    Investment Report - July 2009

GF38/09    GST and delegations  

Petitions

Motion Pursuant to Notice

NM49/09    Motion Pursuant to Notice from Councillor Matthews - State Government Assistance with Heffron Park Plan of Management

NM50/09    Motion Pursuant to Notice from Councillors Andrews & Matthews - Boatshed Cafe Lease

NM51/09    Motion Pursuant to Notice from Councillor Bowen - Closure of Glen Mervyn Child Care Centre   

 

Notice of Rescission Motions

NR4/09      Notice of Rescission Motion from Councillors Andrews, Matthews and Seng - Australian Mayoral Aviation Council - Annual Conference  

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

25 August 2009

 

 

 

Director City Planning Report No. CP44/09

 

 

Subject:                  79-81 Hannan Street, Maroubra

Folder No:                   DA/113/2009

Author:                   Roger Quinton, Coordinator Development Assessment

Previous Items:       CP38/09 - 79-81 Hannan Street, Maroubra - Ordinary Council - 28 July 2009    

 

Introduction

 

A report recommending deferred commencement approval of the subject Development Application for demolition of two existing single storey dwelling houses and construction of a new five storey multi unit housing building containing 15 x two bedroom and 5 x one bedroom dwellings, car parking for 22 vehicles and strata subdivision was considered by Council at its Ordinary Council meeting on 28 July 2009 where it was resolved that the subject application be ‘deferred to allow the applicant to submit revised plans to address both the lack of parking available onsite and the loss of views to neighbouring properties.’

 

Issues

 

Following the Council meeting, the applicant provided the following additional information in response to Council’s resolution:

 

1)       Lack of Parking

 

Amended plans were received by Council on 30 July 2009 which shows the addition of four mechanical car stackers providing four additional car spaces and adjustment of the dimensions of the 2 small car spaces to comply with the relevant provisions of AS2890.1-2004.

 

The amended plans have been reviewed by Council’s Development Engineer and the following comments have been provided:

 

“The parking requirement for the proposed development, (based on Council’s DCP-Parking), is 28 parking spaces. Of the required 28 spaces 23 would be residential spaces and 5 spaces for visitor parking.

 

The earlier submission for this development made provision for 22 vehicles in which parking spaces 8 & 17 were non-compliant with the relevant provisions of AS 2890.1:2004. The earlier submission therefore had a shortfall of at least 6 spaces with 2 spaces non compliant with AS 2890.1-2004. The amended application increases the provision of onsite parking through the use of mechanical car stackers such that the shortfall is only 2 car spaces and all car spaces are compliant with the relevant provisions of AS 2890.1-2004, (i.e. 24 spaces are standard and 2 spaces are compliant “small car spaces”). 

 

Council’s preference is for applications to meet all the DCP-Parking requirements within the site, however the level of non compliance is now considered minor and the proposal is supportable for the following reasons:

 

·      Numerically the non compliance is small (deficient 2 spaces or approximately 7%);

 

·      The development site is served by public transport;

·      Parking provision for the development site will not be greatly increased by requiring the applicant to provide an additional level of parking, (given the space lost by circulation ramps), and additional excavation may introduce issues associated with construction of structures below water table levels;

 

·      The parking deficiency is, in the main, visitor parking. Site inspections at various times of the day have tended to indicate that sufficient on-street parking capacity exists within convenient walking distance of the site, (i.e. sufficient to accommodate the minor shortfall). Visitor parking demand tends to peak outside of commercial hours however there appears to be available on street parking during all times of the day.

 

·      Parking allocation can be conditioned such that each unit is allocated a minimum of 1 carspace.

 

Similar to Council preferring parking demand to be accommodated onsite, Council also prefers that parking be provided in standard on grade carspaces. The use of mechanical car stackers, however, is something that is becoming more prevalent in the Randwick City Council LGA and a number of development applications have been approved with partial reliance on car stackers to meet onsite parking demand. A standard condition requiring full details of the cars stackers to be provided to Council prior to the issuing of a Construction Certificate has been included within this report. The use of car stackers increases the capacity of the parking area, minimises potential for the development to impact on / be impacted by groundwater and should not prove so problematic as to increase demand for on-street spaces, (Note: the car stackers will be allocate as residential parking spaces).

 

The Development Engineer recommends that each residential unit be allocated at least 1 carspace, (with a total allocation of 23 spaces for residential), and that 3 spaces be allocated for visitor parking, (included in the 3 visitor spaces should be the 2 small car carspaces). The Assessment Planner is requested to include a condition to this effect. Given that 8 of the 23 residential carspaces will be provided by carstackers at least one of the mechanical car stackers, (2 spaces), will need to be allocated between 2 units. Operation / allocation issues will need to be dealt with as part of the strata subdivision process.

 

Council will only require 1 carwash bay to be provided, such carwash bay to occupy 1 of the visitor spaces, (a condition to this effect has been provided within this report).”

 

The above recommended consent conditions are included in the recommendation of this report.

 

2)       Loss of Views

 

The applicant has indicated that there is no scope to reduce the height or envelope of the proposed building and reiterated that the proposed floor to ceiling heights are at the minimum 2.7 metres as required by SEPP 65 and the overall height of the building is well below the 18 metre height limit.

 

Notwithstanding, it should be noted that a detailed view loss assessment was included in the previous report and it was concluded that the resultant view loss was considered appropriate and acceptable.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed additional parking and adjustment to the small car spaces are considered to result in a better outcome and the proposed development is acceptable in relation to views.

 

For these reasons, it is recommended that the subject development application should be approved subject to conditions.

 

 

Recommendation

 

A.       That Council, as the consent authority, grant development consent by “Deferred Commencement” under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 113/2009 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, at No. 79-81 Hannan Street, Maroubra, subject to the following conditions:

 

Deferred Commencement Conditions

 

This consent does not operate until the applicant satisfies the Council, in accordance with the Regulations, as to all matters specified in this condition:

 

a)       Enter into a voluntary planning agreement (VPA) to the satisfaction of the council providing for the payment of a lump sum Development Contribution of $20,000 by bank cheque to Randwick City Council which will be applied towards the cost of construction of civic improvements as planned to be carried out by Council. 

 

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

 

c)       Council has acknowledged compliance with this condition in writing.

 

Period within which evidence must be produced

 

The applicant must produce evidence to Council sufficient enough to enable it to be satisfied as to those matters above within 365 days (1 year) of the date of determination.

 

Clause 95(4) of the Regulation:

 

"The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period."

 

If the evidence is not produced with within 365 days (1 year) of the date of determination, this deferred commencement consent will lapse in accordance with s95(6) of the Environmental Planning and Assessment Act 1979. No development can lawfully occur under this consent unless it operates.

 

Note: Nothing in the Act prevents a person from doing such things as may be necessary to comply with this condition. (See section 80(3) of the Act)

 

Note: Implementing the development prior to written confirmation of compliance may result in legal proceedings. If such proceedings are required Council will seek all costs associated with such proceedings as well as any penalty or order that the Court may impose. No Construction Certificate can be issued until all conditions including this condition required to be satisfied prior to the issue of any Construction Certificate have been satisfied.

 

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:

 

No.

Prepared By

Revision Dated

Received by Council

DA 1000 A

Sgammotta Architects

20.05.09

22.05.09

DA 2000 B

Sgammotta Architects

29.07.09

30.07.09

DA 2001 A

Sgammotta Architects

20.05.09

22.05.09

DA 2002 A

Sgammotta Architects

20.05.09

22.05.09

DA 2003 A

Sgammotta Architects

20.05.09

22.05.09

DA 2004 A

Sgammotta Architects

20.05.09

22.05.09

DA 3000 A

Sgammotta Architects

20.05.09

22.05.09

DA 3001 A

Sgammotta Architects

20.05.09

22.05.09

DA 3002 A

Sgammotta Architects

20.05.09

22.05.09

DA 3003 A

Sgammotta Architects

20.05.09

22.05.09

DA 3100 B

Sgammotta Architects

29.07.09

30.07.09

 

the application form and any supporting information received with the application, except as may be amended by the following conditions:

 

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

 

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

 

3.       Nothing in this consent permits or implies the erection / installation of any business identification or advertising signage with the exception of that identified in Council’s Development Control Plan for Exempt and Complying Development. The erection of any signage, which is not identified in the above development control plan will require the approval of a separate development application by Council.

 

4.       An intercom system is to be installed at the residential lobby for use by residential visitors.

 

Details demonstrating compliance with the above requirements shall be submitted to the satisfaction of the Principal Certifying Authority, prior to the issue of any Interim / Final Occupation Certificate.

 

5.       All plumbing and drainage pipes, other than rainwater heads, gutters and downpipes, must be concealed within the building.

 

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

 

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

 

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

 

8.       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.

 

9.       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.

 

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

 

11.      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.

 

12.      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.

 

13.      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:

 

14.      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.

 

15.      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.

 

16.      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.

 

17.      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 licence, in accordance with the provisions of the Home Building Act 1989.

 

18.      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.

 

19.      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”.

 

20.      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.

 

21.      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.

 

22.      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.

 

23.      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.

 

24.      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.

 

25.      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:

 

 

26.      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.

 

27.      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.

 

28.      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.

 

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

 

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

 

30.      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.

 

31.      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:

 

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

 

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

 

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

 

33.      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).

 

34.      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.

 

35.      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.

 

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

 

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

 

37.      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.

 

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

 

a)     Prior to construction of the 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.

 

39.      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.

 

40.      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.

 

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

 

Details of the proposed sediment control measures are to be detailed in the 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.

 

42.      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.

 

43.      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.

 

44.      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.

 

45.      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 reasonable levels of access for people with disabilities:

 

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

 

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

 

47.      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 condition is applied to meet additional demands for public facilities:

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$3,876,000

1.0%

$38,760

 

 

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

 

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

 

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

 

49.      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)   $10,000.00 -      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:

 

50.      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 full width heavy duty concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)   Remove the existing kerb and gutter along the Glanfield Street frontage including the kerb return into Hannan Street and construct new kerb and gutter with kerb return and associated roadworks, pram ramp and footpaths. The new face of kerb will be located a distance of 1.50m from the new dedicated Glanfield Street boundary.

 

c)   Construct a 1.30m wide concrete footpath along the Glanfield Street site frontage adjacent to the new kerb line.

 

d)   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.

 

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

 

f)   Reconstruct the Council footpath along the Hannan Street frontage to remove the 2 Council steps located at the Southern end of the site and to match the new kerb line in Glanfield Street.

 

51.      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.

 

52.      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.

 

53.      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.

 

54.      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.

 

55.      The vehicular access and basement carparking levels (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with this requirement particular attention should be given to the design gradients along the inside/critical edge of any curved sections of the proposed internal ramps.

 

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

 

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

 

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

 

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

 

58.      Plans submitted for the Construction Certificate must show any boundary fence positioned on the northwest corner of the site (i.e. the north-west corner following dedication of the required 2.0 metre strip of land for widening of Glanfield Street), constructed with a 2.0m x 2.0m splay. The requirement for the splay will be deleted if the height of the boundary fence is less than 0.9m above the existing Council footpath level in Hannan Street. The applicant is advised to contact Council’s Development Engineer to discuss this requirement prior to lodgement of the Construction Certificate application.

 

59.      To prevent vehicular conflict on the internal circulation ramp linking the basement 1 carpark with the basement 2 carpark a signalling system shall be provided. The signalling system shall be designed by a suitably qualified traffic consultant. The plans submitted for the construction certificate shall demonstrate compliance with this requirement and the signalling system must be approved by the Certifying Authority prior to issuing a Construction Certificate. The signalling system must be installed in accordance with the approved plans prior to the issuing of any form of occupation certificate.

 

60.      Prior to the issuing of an Occupation Certificate the applicant is to clearly signpost any approved small car carspaces. The small car carspaces are to fully comply with AS 2890.1:2004.

 

61.      Prior to the issuing of a Construction Certificate the applicant must submit to Council full design and operational details for the mechanical carstackers. The required details shall include the following as a minimum:

 

a)   Manufacturer specifications and instructions for operation;

b)   Details of manual operation in the event of power/mechanical failure;

c)   Maintenance schedules;

d)   The waiting and working times for the carstackers; and

e)   Safety and training requirements for the use of the carstackers.

 

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

 

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

 

·      Hannan Street Frontage – match the existing Council footpath levels at all points along the Hannan Street site frontage.

 

Note: The Council footpath at the southern end of the site in Hannan St will be lowered so as to remove the 2 Council steps at this location.

 

·      Glanfield Street Frontage – 100mm above the existing Council kerb level at all points opposite the kerb, along the full site frontage in Glanfield Street

 

 

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

 

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

 

64.      The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $2,410.00 calculated at $44.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

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

 

65.      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.

 

66.      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.

 

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

                                         

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

 

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

 

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

 

69.      All electricity and telecommunication cables/wires to service the development site across the road carriageway and/or the Council nature reserve (footpath area) are to be located underground to the satisfaction of the relevant service utility authority

 

The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of either an occupation certificate and/or release of the strata subdivision for the development.

The undergrounding shall extend to the nearest power pole outside of the development site frontage and is to include laying the wires and cables and ducting :-

 

1. Under the Hannan Street road carriageway

2. Across the site frontage.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

72.      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.

 

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

 

a)     The kerb and gutter in Hannan Street and / or Glanfield Street; OR

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

 

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

 

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

 

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

 

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

 

75.      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.

 

76.      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.

 

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

 

78.      Any onsite detention/infiltration systems shall be located in areas to be dedicated as common property .

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

 

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

84.      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.

 

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

 

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

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

 

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

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

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

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

 

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

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

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

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

b)   Finished site contours at 0.2 metre intervals;

c)   Volume of storage available in the detention areas;

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

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

f)    Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Notes:

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

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

 

91.      If any temporary dewatering of the site is required to facilitate construction of any part of the basement car park and/or detention tank a licence under Part V of the Water Act 1912 will be required. The licence must be obtained from the NSW Department of Water and Energy prior to installation of the works. A copy of the license agreement must be forwarded to Council prior to any dewatering being undertaken.

 

92.      A separate written approval from Council is required to be obtained in relation to any proposed discharge of groundwater/seepage water into Council’s drainage system external to the site, in accordance with the requirements of Section 138 of the Roads Act 1993. The applicant must obtain Council’s terms of approval prior to undertaking any dewatering and must fully comply with the issued terms of approval.

 

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

 

93.      The garbage room areas will have to be designed so as to be able to contain a total of 20 x 240 litre bins (10 garbage bins & 10 recycle bins) whilst providing satisfactory access to these bins. Details showing compliance with this requirement are to be shown on the plans submitted to the certifying authority for the construction certificate.

 

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

95.      The waste storage areas shall be clearly signposted.

 

96.      Prior to the Certifying Authority issuing an occupation certificate for the proposed development the applicant is to contact Council’s Manager of Waste in regards to meeting Council’s requirements for waste services to the development and street presentation of the bins.

 

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

 

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

 

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

 

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

 

99.      All conditions of the development consent must be satisfied and all public roads and reserves must be satisfactorily restored prior to endorsement of the strata subdivision plans.

 

100.    The applicant shall provide Council with a survey plan of the property prior to endorsement of the strata subdivision plans.

 

101.    Prior to the issuing of an Occupation Certificate and prior to endorsement of the strata subdivision plans the applicant shall dedicate to Council a 2.0 metre wide strip of land along the Glanfield Street frontage for road widening of Glanfield Street.

 

102.    Prior to the issuing of an Occupation Certificate and prior to endorsement of the strata subdivision plans the applicant shall have all structures removed from the 2.0 m wide strip of land along the Glanfield Street frontage to be dedicated to Council.

 

103.    Prior to endorsement of the strata subdivision plans the applicant shall have any approved small car carspaces clearly marked, signposted and identified on the strata plans submitted for endorsement.

 

 

104.    The carpark in the development must incorporate the provision of at least one car parking space for each dwelling and three spaces (i.e. two small and one standard car spaces) for visitor parking. Details of compliance with this condition are to be shown on the relevant plans for the construction certificate.

 

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

 

105.    Landscaping at the site shall be installed substantially in accordance with the Landscape Plan by Jane Irwin Landscape Architecture, drawing number DA01, Issue A, sheet A1, dated 13.02.09, subject to the following additional requirements being included on an amended plan, which must be submitted to, and be approved by, the PCA, prior to the issue of a construction certificate (with a copy of the approved plan to be forwarded to Council, prior to the commencement of any site works if not the PCA), and is to include:

 

a.       A total of 2 x 100 litre trees which will achieve a minimum height at maturity of 8 metres must be incorporated into the main landscaped area along the eastern boundary (at the expense of the smaller specimens nominated here), with deciduous species to be considered given the aspect.

 

b.       Quantities for all plants must be included in the plant schedule, together with spacings where necessary, planting and staking methods and maintenance practices (hedging, trained on wire/trellis) as applicable.

 

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

 

d.       All planter boxes and garden beds constructed on slab must have a minimum soil depth.

 

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

 

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

 

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

 

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

 

106.    The landscaping shall be installed in accordance with both  the approved documentation and relevant conditions of consent, prior to the issue of a final occupation certificate, and must be maintained in accordance with those plans.

 

107.    Documentary evidence from a suitably qualified Landscape Designer/Architect (must be a registered member of either AILDM or AILA) confirming the above, must be submitted to the satisfaction of the PCA, with a copy to also be forwarded to Council if not the PCA.

 

108.    The nature-strip upon both of Council's Hannan & Glanfield Street frontages shall be excavated to a depth of 150mm, and 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.

 

109.    Any substation required shall be screened from view, with the proposed location, elevation and screening method to be shown.

 

Tree Management

 

110.    The applicant shall submit a total payment of $321.75 (including GST), to cover the cost for Council to supply and install a total of 3 x 25 litre street trees, Schinus areira (Peppercorn Trees) on the Hannan Street frontage, spaced evenly between the southern site boundary and intersection of Glanfield Street.

 

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 the issue of a construction certificate.

 

The applicant will be required to contact Council’s Landscape Development Officer on 9399-0613, giving at least four working weeks notice, to arrange for planting of these new street trees upon completion of all site works.

 

111.    Approval is granted for the removal of all existing vegetation from within the site as part of the proposed works, subject to full implementation of the approved landscape plan.

 

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).

 

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

 

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

a)     Part B1     -    Structural provisions

b)     Part C1     -    Fire resistance and stability

c)     Part C2     -    Compartmentation and separation

d)     Part C3     -    Protection of openings

e)     Part D2     -    Construction of exits

f)      Part E1     -    Fire fighting equipment

g)     Part E2     -    Smoke Hazard Management

h)     Part E3     -    Lift Installations

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

j)      Part F1     -    Damp and weatherproofing

k)      Part F2     -    Sanitary and other facilities, in particular, provision of a W/C for maintenance workers

l)      Part F3     -    Room sizes

m)     Part F4     -    Light and ventilation

n)     Part F5     -    Sound Transmission and Insulation

o)     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.

 

3.       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.

 

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

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 August 2009

 

 

 

Director City Planning Report No. CP45/09

 

 

Subject:                  11 Lurline Street, Maroubra

Folder No:                   DA/161/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to existing dwelling including: changes to the lower ground and first floor levels; new roof top terrace; reconfiguration of the street and rear facades; reconstruction of street boundary fencing and associated landscaping works

 

Ward:                      Central Ward

 

Applicant:                Architectural Projects Pty Ltd

 

Owner:                         Bryan and Betty Pang

 

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This development application is referred to Council for determination at the request of Councillors Andrews, Matthews and Belleli.

 

The proposal involves internal alterations and minor additions to the existing 2 and 3-storey dwelling at 11 Lurline Street, Maroubra. The work involves a new flat-roof with a 45m2 roof terrace. The front and rear balconies would be refurbished and enlarged. The proposal includes landscaping, a front fence and a driveway gate.

 

The applicant amended the proposal responding to issues that were raised by the assessing officer and the objectors. Additions to fill-in the existing balconies were deleted. The enclosure for the new stair to the roof terrace was amended to a have a sloped roof; reducing the extent of overshadowing.

 

The site is on the south-eastern side of Lurline Street, south of Mermaid Avenue, Maroubra. There are free-standing homes to the north, south and east. The surrounding area is residential in character and dominated by large freestanding homes on 400-450m2 lots. The land is zoned 2A residential and subject to Clause 29 of the LEP for foreshore scenic protection.

 

There were objections primarily on the grounds of view-loss, visual and acoustic privacy, non-compliance, overshadowing and stormwater. These matters are addressed in the report and by recommended conditions of approval.

 

The proposal satisfies the objectives and performance requirements of the Randwick Local Environmental Plan 1998 and Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

Approval subject to conditions is recommended.

                                                                        

2.    The Proposal

 

The proposal involves internal alterations and minor additions to the existing 2 and 3-storey dwelling at 11 Lurline St, Maroubra. There is a new flat-roof with a 45m2 roof terrace. The front and rear balconies would be refurbished and enlarged. There is an additional 7m2 of floor area, which is a result of squaring-off the existing chamfered building corners, a new stair-well to the roof terrace and a new glass architectural feature on the street elevation. The proposal includes landscaping, a front fence and a driveway gate.

 

The applicant amended the proposal responding to issues that were raised by the Assessing Officer and the objectors. Additions to fill-in the existing balconies were deleted because they did not satisfy the objectives and performance requirements for floor space ratio. The enclosure for the new stair to the roof terrace was amended to a have a sloped roof; reducing the extent of overshadowing.

 

3.    The Subject Site and Surrounding Area

 

The site is on the south-eastern side of Lurline St south of Mermaid Ave, Maroubra. The site is 427m2, 12.19m wide and 35.05m deep. The site slopes moderately on a northerly aspect.

 

A 2 and 3 storey dwelling exists on the site. There are free-standing homes to the north, south and east. The surrounding area is residential in character and dominated by large freestanding homes on 400-450m2 lots. Council has recently approved redevelopment at 7 and 9 Lurline St to the north. The land is zoned 2A residential and subject to Clause 29 of the LEP for foreshore scenic protection.

 

Figure 1 shows an aerial photograph of the locality. Figure 2 shows a photograph of the existing dwelling taken from the street.

 

Figure 1 – Aerial photograph

Figure 2 – Existing streetscape

 

4.    Site History

 

There is a 2 and 3 storey dwelling on the site approved in 1989. Council’s database records the following relevant applications.

 

·      BA/681/1991, Alterations to dwelling

·      DA/356/1989, Erect a new 2 storey dwelling house

 

5.    Community Consultation

 

The proposal was notified to the adjoining landowners in accordance with Council Policy on 2 separate occasions. The 2nd occasion was to notify changes to the plan that reduced the proposed floor space ratio. Objections from both notification periods are considered here.

 

First notification objections

9 Lurline St

17 Lurline St

11A Lurline St

11 Torrington Rd

15 Lurline St

28 Torrington Rd

 

Issue: Non-compliance with height, floor space ratio and setback requirements

 

Comment: Non-compliance with preferred solutions is considered under the environmental assessment section of this report and is found to be acceptable.

 

Issue: Height and setback encroachments, new eaves and the proposed landscaping obstruct views from 11A and 17 Lurline St and 28 Torrington Rd.

 

Comment: The proposal was amended to reduce the extent of non-compliance. View sharing for the amended proposal is considered under the environmental assessment section of this report and is found to be acceptable.

 

Issue: The proposed additions overshadow outdoor recreational space and windows.

 

Comment: The proposal was amended to reduce the extent of overshadowing. Solar access is considered in the environmental assessment section of this report and is found to be acceptable.

 

Issue: Noise from plant; pool-pumps, air conditioners and heat-pump hot water systems should be located to protect acoustic privacy.

 

Comment: There are conditions in the recommendation to ensure the installation of mechanical plant in accordance with current noise regulations.

 

Issue: Proposed variations to preferred solutions for FSR, height and setback are out of character with the street.

 

Comment: The proposal was amended to reduce the extent of non-compliance. FSR, height and setback encroachments are considered under the environmental assessment section of this report and are found to be acceptable.

 

Issue: Extensive glass, powder coated louvers and the driveway gates are out of character with the street.

 

Comment: The building would be in a popular contemporary style with modern building materials. This is acceptable.

 

Issue: Disposal of stormwater not shown and may affect downstream properties. Stormwater should be re-used.

 

Comment: There are conditions in the recommendation for stormwater.

 

Issue: Roof terrace may impact on visual and acoustic privacy.

 

Comment: The roof terrace is adequately set-in from the perimeter of the building so that downward glancing angles do not affect any privacy receiver within 9m in accordance with the DCP. Roof terraces are subject to the same noise control regulations as balconies and back-yards. The roof terrace is not expected to increase the level of residential noise from the dwelling above what would normally be expected in a residential area.

 

Issue: Roof terrace takes away opportunity for installation of solar energy cells

 

Comment: The roof terrace could be converted for solar energy at a later time if necessary or desirable.

 

Issue: Proposed landscaping takes away from views over the site.

 

Comment: The landscaping plan was amended and renotified. There are conditions in the recommendation that require omission of 2 further trees to retain views over the site.

 

Issue: Existing landscaping is better suited to the site and should be retained.

 

Comment: The existing landscaping is minimal. The proposed landscaping includes feature and accent plants like Doryanthes palmeri, Phormium tenax, and Cordyline australis giving the front garden a popular ‘spikey’ theme with a lot of deep purple foliage and bright red flowers. This is acceptable.

 

Issue: Side boundary fences: Should not be more than 1.8m high.

 

Comment: There is a condition in the recommendation limiting the side boundary fences to 1.8m high in accordance with the DCP.

 

Second notification objections

·      9 Lurline Street

·      11A Lurline Street

 

Issue: Landscaping does not consider views from 11A. The Fried egg plant, Frangipani and Eucalyptus obstruct views and cause overshadowing. The Fried egg plant creates a significant amount of work because of overhanging branches and falling leaves. The Frangipani is a safety hazard because it is next to the driveway.

 

Comment: The Eucalyptus and Fried egg plant are likely to obstruct views once fully grown and there is a condition of consent deleting them from the landscape plan. The Frangipani will not obstruct views. Other issues are typical of domestic gardens and do not require town planning conditions.

 

Issue: Stairwell to the roof terrace has adverse impacts on natural light at 11A

 

Comment: The stair-well was further amended after the second notification period to have a sloping roof, which improves solar access to the northern elevation of 11A Lurline St. Overshadowing is considered in the environmental assessment section of this report and is found to be acceptable.

 

Issue: View-loss will result from additions to the front of the building and the extension to the roof and eaves at rear

 

Comment: View loss from the amended proposal is considered under the environmental assessment section of this report and is found to be minor and acceptable.

 

Issue: The architectural style of the building is inconsistent with the precedent in the street.

 

Comment: The architectural style of the building is contemporary and aesthetically inoffensive.

 

Issue: Front setback not consistent with others in the street.

 

Comment: There is a glass architectural feature projecting 20 centimetres forward of the existing street façade and established building line. The feature is just 1.5m wide and adds visual interest to the building so is acceptable.

 

Issue: Sun-umbrellas on the roof terrace may be a safety hazard if caught in the wind; causing serious damage to persons or properties.

 

Comment: Sun umbrellas may create a safety hazard wherever they are erected. There is an obligation on the owner to ensure they are safely installed and therefore no need for any town planning conditions.

 

Issue: The balconies and terraces at the rear should be installed with privacy screens to prevent overlooking.

 

Comment: There is some reciprocal overlooking from balconies and terraces. This is considered under the environmental assessment section of this report and is found to be acceptable. Reciprocal overlooking of outdoor spaces is common wherever there is an ocean view.

 

Issue: Roof terrace may impact on visual and acoustic privacy (e.g parties, etc)

 

Comment: The roof terrace is adequately set-in from the perimeter of the building so that downward glancing angles do not affect any private receiver within 9m in accordance with the DCP. Roof terraces are subject to the same noise control regulations as balconies and back-yards. The roof terrace is not expected to increase the level of residential noise from the dwelling above what would normally be expected in a residential area.

 

Issue: Roof-terrace precludes the use of the roof for solar collectors

 

Comment: The roof terrace could be converted for solar collectors if it became necessary or desirable in the future.

 

Issue: Grave reservations that the roof terrace may establish a precedent for other roof terraces in the locality.

 

Comment: Each development application with a roof terrace is assessed on its merits against privacy, solar access and streetscape objectives. There are already roof terraces evident in the locality because they are popular wherever ocean views are available. Council’s Development Control Plan for Dwelling Houses and Attached Dual Occupancies does not specifically prohibit or discourage roof terraces.

 

Issue: Conditions of consent should be imposed for stormwater disposal

 

Comment: There are conditions in the recommendation dealing with stormwater.

 

Issue: Conditions of consent should be imposed to prohibit a section 96 application to enclose the balconies.

 

Comment: Any future application would be assessed on its merit and it is outside Council’s Section 80A powers to impose a consent condition that prohibits an applicant from making a future application.

 

6.    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.

 

Issues of view sharing, overshadowing, privacy, building-form and site suitability are discussed in detail here. An assessment against the requirements of relevant environmental planning instruments and development control plans is in next section of this report.

 

View Sharing

Sharing of views is a design performance requirement in Council’s Single Dwellings and Attached Dual Occupancies Development Control Plan. It is assessed here in accordance with the Land and Environment Court planning principle after Roseth SC pp25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140.

 

Assess views to be affected, and what part of the property views are obtained

There are views over the site from dwellings to the south and west towards the ocean and horizon. Most affected by the proposed development would be the dwelling next door at 11A Lurline St. From ground and upper level living rooms, there are views across the front of the site toward Wedding Cake Island and Dunningham Reserve on the northern headland of Coogee Bay. These views are over a side boundary, through the DCP envelope and are already obscured by vegetation, buildings and a power pole. While containing well known geographical features they are opportunistic, highly fragmented and do not compare in value with a direct, whole and un-interrupted view. There are also views from an upper level living room north across the rear of the subject site towards the ocean. This view sweeps around the horizon to the east.

 

Figures 3, 4 and 5 show views from 11A Lurline St. Figure 6 shows a Google street view image from the corner of Torrington Rd and Lurline St indicating views over the site from further afield. The white arrow points to the subject site.

 

Figure 3 – Views from the lower living room at the front of 11A

Figure 4 – Views from the upper living room at the front of 11A

 

Figure 5 - View from the upper living room at the back of 11A

Figure 6 – Google Streetview image indicating views over the site from further afield.

 

Assess the extent of the impact

From wider afield, the proposal does not materially alter views over the site. The proposed additions are very minor and while they may be visible against a backdrop of ocean views, they are unlikely to significantly interrupt the horizon or obscure the ocean from dwellings to the south and west.

 

From 11A Lurline St, the proposed street-elevation alterations are likely to reveal additional fragments of views to the coastline and Wedding Cake Island, while blocking other fragments. A new roof over the rear balcony would interfere with the most northern extent of an otherwise panoramic horizon and ocean view to the north and east. Overall the extent and value of view-loss is minor.

 

Assess the reasonableness of the proposal that is causing the impact

While the proposal adds to the building; increasing its height, floor area and footprint, the additions are minor. They are mainly intended to improve the aesthetics of an otherwise poorly resolved street façade with discordant style elements such as columns and chamfered corners.

 

At the front of the site, the additions are in-line with the prevailing building line setback, except for a glass feature that projects 20cm from the face of the street elevation. This feature adds visual interest as encouraged by the DCP and has only a very minor incremental impact on views from 11A. To avoid any impact on views from 11A the owner would need to retain the chamfered building corners so that existing views remain intact, or alternately, demolish and reconstruct the street façade with a street setback that is greater than the established building line. These solutions are unreasonable and fail to qualify as more skilful design. The proposal is therefore considered to be reasonable.

 

At the rear of the site, the additional roof over the existing balcony complies with the preferred solutions for setback and is within the rear boundary setback tolerances evident on other lots nearby in Lurline St. It would be unreasonable to require that it be omitted.

 

Overshadowing

 

Maintaining solar access on adjoining lots is a design performance requirement in Council’s Dwelling Houses and Attached Dual Occupancies Development Control Plan. There are 2 building elements that cause additional overshadowing.

 

The new roof over the rear balcony casts a shadow in the rear yard at 11A Lurline St from midday onward. The additional overshadowing is offset by removal of the existing pitched roof and is very minor. The new roof also overshadows the north eastern aspect of an east facing bay window at 11A Lurline St at 9am. The additional overshadowing is for a brief period after 9am and also minor.

 

The new roof terrace stair enclosure causes additional overshadowing to the northern elevation of 11A Lurline St. As can be seen in figures 7 and 8, the stair enclosure partially overshadows the western-most bedroom window on the upper level at 9am. The shadow quickly drops away from the window after 9am and affects no other window for the remainder of the day. This overshadowing is also minor.

 

Figure 7 – 9am shadow mask on northern elevation 11A Lurline St

Figure 8 – 12pm shadow mask on northern elevation 11A Lurline St

 

Privacy

 

Privacy screening for sensitive uses within 9m of the proposal is a preferred solution in Council’s Single Dwellings and Attached Dual Occupancies Development Control Plan. The proposal to refurbish and enlarge the first floor rear balcony does not include privacy screens. As a result there would be overlooking into the back yards at 9 and 11A Lurline St. The overlooking is acceptable because: privacy screens would obstruct views over the site from 11A Lurline St; there is already a high degree of overlooking from the site and generally in the locality because of views to the ocean, and; there is no direct privacy conflict between internal living spaces. Figures 9 and 10 show the existing overlooking into and from the subject lot.

Figure 9 – Existing outlook from the subject land over 9 Lurline St

Figure 10 – Existing outlook over the subject land from 11ALurline St

 

Building form

Height, floor area and setbacks are examined in detail here as there are variations to the preferred solutions in the Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

External wall height

The new stair enclosure is a new level and it increases the external wall height from 8.2m to 9.6m; exceeding the preferred solution for external wall height of 7m. The stair enclosure is setback from the primary and secondary street elevations and has a sloping roof to minimise additional bulk and overshadowing. It is only as high and wide as necessary to enclose the access stair to the roof terrace and is acceptable for these reasons. There are other similar structures nearby as can be seen in the photograph in figure 10.

 

Figure 10 – A nearby example of a roof stair enclosure

 

 

 

Floor Space Ratio

The proposal adds 7m2 to the existing building increasing FSR from 0.95:1 to 0.96:1. The additional floor area is a result of an access stair to the new roof terrace, squaring-off chamfered building corners and a new glass architectural feature on the street façade. The additions are mainly intended to improve architectural detailing and they do not unreasonably add to the bulk and scale of the building. There is some impact on views and solar access and this is assessed under separate headings.

 

Front setback

The proposal includes a vertical glass feature projecting 20cm from the face of the existing street elevation and encroaching 200cm on the established 3.8m building line. The feature is an architectural element and does not materially add to the floor area of the building. It is just 1.5m wide and would not establish a precedent for a lesser setback in the street. The encroachment on the front setback is acceptable.

 

Side setback

The existing 2nd floor level is already setback from the side boundary 900mm encroaching on the required 1500mm preferred solution. The proposal does not include further encroachments at 2nd floor level. The stair enclosure for the roof terrace at 3rd level is setback 2m instead of the preferred solution of 3m but it is shaped so that it does not cause any unacceptable overshadowing to the southern neighbour. For these reasons the side setback arrangements are acceptable.

 

Site Suitability

The site is zoned and serviced for residential development. This site is considered to be suitable for the proposed development.

 

7.    Environmental Planning Instruments

 

Randwick LEP 1998

2A Objectives - The proposal does not conflict with the 2A zone objectives concerning amenity and character.

 

Foreshore Scenic Protection - The proposal does not have any direct aesthetic relationship to the foreshore, but is nonetheless aesthetically inoffensive to the locality

 

Other Environmental Planning Instruments

SEPP BASIX - The proposal was accompanied by a BASIX certificate

 

Draft LEP 2008 - The proposal is consistent with the provisions of the draft LEP.

 

Section 94A Contributions

 

Section 94A Contributions

Category

Capital Value

Levy

S94A Contribution

Development Cost

More than $200,000

$825,000.00

1.0%

$8,250.00

 

Dwelling houses and attached dual occupancies

 


DCP assessment – Dwelling Houses and Attached Dual Occupancies

Clause

Preferred Solution

Check

y/n

Landscaping

40 % of site provided as landscaped area

56%

Yes

25m² of private open space provided.

180m2

Yes

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

15mx12m

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

18.5%

No change

Floor area

(Site area 427.2m2) maximum FSR 0.6:1 

0.96:1

No – See assessment in environmental assessment section

Height, Form & Materials

External wall height maximum 7m

9.5m

No – See assessment in environmental assessment section

External wall height to the rear maximum 3.5m.

N/A

 

Cut or fill maximum 1m.

N/A

 

No excavation within 900 mm of a side boundary.

900mm

Yes

No excavation within 4m of a rear boundary.

N/A

 

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

16m/900mm

No – See assessment in environmental assessment section

The 2nd storey addition to a semi respects the adjoining semi-detached dwelling.

N/A

 

Building setbacks

Front setback ave. of adjoining dwellings or 6m

3.6m

No – See assessment in environmental assessment section

Rear boundary setback at least 4.5m

15m

Yes

Side setbacks be 900mm at ground level.

900mm

Yes

Side setbacks 1.5m at second floor level.

900mm

No – See assessment in environmental assessment section

Side setbacks 3.0m at third floor level.

2m

No – See assessment in environmental assessment section

Visual & Acoustic Privacy

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

None

Yes

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

No

No – See assessment in environmental assessment section

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

Not required

N/A

Safety & Security

Front doors of dwellings are visible from the street.

Yes

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

Living room

Yes

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

Existing

Yes

Garages & Driveways

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

Existing 2 space garage and driveway arrangements are satisfactory

 

Parking spaces have a min. dimension of 5.5m x 2.5m.

Driveway minimum width of 3m and side setback 1m

Driveway maximum width of 3m at the boundary.

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

Garages and carports to rear lanes set back 1m.

Parking and access is provided from the rear.

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

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

Fences

Sandstone fences and walls are retained/recycled.

No sandstone

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

Front fence generally 1.5m and up to 1.9m. Open style. Satisfactory.

Fences in front of the building line or on street frontages up to 1.8m and upper 2/3 is at least 50% open.

Foreshore Development

 

No encroachments on Foreshore Building Line.

N/A

Stepped buildings on sloping sites are articulated.

The proposal does not alter the arrangement of the existing dwelling in relation to the site. Satisfactory

Form, colour, materials and finishes are sympathetic.

Satisfactory

Buildings incorporate setbacks to allow sharing of views.

Satisfactory. Also see view sharing assessment.

Ancillary structures do not detract from appearance.

Satisfactory

Solar Access and Energy Efficiency

 

New dwellings comply with 3.5 stars on the NatHERS.

See BASIX

Private open space receive at least 3 hours sunlight 9am - 3pm on 21 June.

Yes

North-facing living areas receive at least 3 hrs sunlight 9am - 3pm 21 June.

Yes

Solar access to existing or future solar collectors on adjacent buildings is maintained 9am - 3pm.

No impact to solar collectors

North-facing windows to living areas of neighbouring dwellings receive at least 3 hours sunlight 9am - 3pm 21 June, or not further reduced.

Satisfactory

Principal outdoor recreation space of neighbouring dwellings receive at least 3 hours sunlight 9am- 3pm 21 June, or not further reduced.

Slightly reduced

Yes

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal involves internal alterations and minor additions to the existing 2 and 3-storey dwelling at 11 Lurline St, Maroubra. There is a new flat-roof with a 45m2 roof terrace. The front and rear balconies would be refurbished and enlarged. The proposal includes landscaping, a front fence and a driveway gate.

 

The applicant amended the proposal responding to issues that were raised by the Assessing Officer and the objectors. Additions to fill-in the existing balconies were deleted. The enclosure for the new stair to the roof terrace was amended to a have a sloped roof; reducing the extent of overshadowing.

 

The site is on the south-eastern side of Lurline Street, south of Mermaid Avenue, Maroubra. There are free-standing homes to the north, south and east. The surrounding area is residential in character and dominated by large freestanding homes on 400-450m2 lots. The land is zoned 2A residential and subject to Clause 29 of the LEP for foreshore scenic protection.

 

There were objections on the primarily on the grounds of view-loss, visual and acoustic privacy, non-compliance, overshadowing and stormwater. These matters are addressed in the report or by recommended conditions of approval.

 

The proposal satisfies the objectives and performance requirements of the Randwick Local Environmental Plan 1998 and Dwelling Houses and Attached Dual Occupancies Development Control Plan.

 

Approval subject to conditions is recommended.

 

Recommendation

 

That Council as the consent authority grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No. DA/161/2009 for alterations and additions to existing dwelling including: changes to the lower ground and first floor levels, new roof top terrace; reconfiguration of the street and rear facades; reconstruction of street boundary fencing and associated landscaping works at 11 Lurline Street, Maroubra, subject to the following conditions.

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01, DA06, DA07 dated 22 July 2009 and DA03, DA04, DA05 dated 5 June 2009, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

2.       The colours, materials and finishes of the external surfaces to the building must be in accordance with the colour scheme (undated) prepared by Architectural Projects and received by Council 9 June 2009.

 

 

3.       The aluminum slats in the front fence must be spaced evenly and so that the slated portion of the fence is at least 50% open. Design details must be shown on the Construction Certificate plans.

 

4.       Landscaping must be carried out in accordance with the landscaping plan DA 08 prepared by Architectural Projects 5 June 2009 and received by Council 9 June 2009 except that the Eucalyptus ‘Summer Red’ and Gordonia Axillaris ‘Fried-Egg Plant’ must not be planted.

 

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

 

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

 

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

 

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

 

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

 

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

 

The following condition/s are applied to meet additional demands for public facilities;

 

7.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $825,000.00 the following applicable monetary levy must be paid to Council: $8,250.00

 

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

 

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

 

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

 

8.       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.

9.       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.

 

10.     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)

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

14.     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.

 

15.     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.

 

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

 

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

 

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

 

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

                                        

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

 

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

 

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

 

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

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

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

 

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

 

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

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

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

 

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

 

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

 

21.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

24.     Certificate of Adequacy supplied by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to a construction certificate being issued for the development, certifying the structural adequacy of the existing structure to support the additions.

 

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

 

·          Occupational Health and Safety Act 2000 & Regulations

·          WorkCover NSW Guidelines & Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

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

·          Relevant DECC/EPA Guidelines

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

 

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

 

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

 

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

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

·          Details of hazardous materials (including asbestos)

·          Method/s of demolition (including removal of any asbestos)

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

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

·          Methods and location of disposal of any hazardous materials

·          Other relevant details, measures and requirements to be implemented

·          Date the demolition works will commence

 

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

 

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

 

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

 

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

 

·          Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

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

 

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

 

·          On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.

 

·          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the principal certifying authority immediately upon completion of the asbestos related works, which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

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

 

28.     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.

 

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

 

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

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

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

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

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

 

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

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

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

·           as otherwise required by the Principal Certifying Authority.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage or other substantial structure located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report is to be given to the owners of the premises encompassed in the report/s before commencing any works.

 

31.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and between 8.00am to 5.00pm on Saturdays and all building activities are strictly prohibited on Sundays and Public Holidays.

 

 

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

 

32.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant provisions of the Protection of the Environment Operations Act 1997 must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·       construction noise and vibration management;

·       construction traffic management details.

 

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

 

35.     During construction stages, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

Details of the proposed sediment control measures are to be detailed in the Construction Site Management Plan which must be submitted to and approved by the Principal Certifying Authority or Council prior to the commencement of any site works. 

 

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

 

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

 

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

 

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

 

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

 

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

 

37.     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 1926.1 - 2007.

 

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 ‘warning notice’ must be erected in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

38.     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 ‘warning notice’ must be erected  in a prominent position in the immediate vicinity of the swimming pool, in accordance with the provisions of the Swimming Pools Regulation 2008, detailing pool safety requirements, resuscitation techniques and the importance of the supervision of children at all times.

 

39.     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.

 

40.     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.

 

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

 

41.     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.

 

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

 

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

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

 

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

 

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

 

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

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

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

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

     before 7.00am or after 8.00pm on weekdays.

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

 

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

 

a.  Reconstruct/extend the existing concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site, if required.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

50.     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.

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

A2      A local approval application must be submitted to and be approved by Council's Building Services section prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

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

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

·          Placement of a waste skip (greater than 3m in length) or any container or other article.

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

 

A4      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 August 2009

 

 

 

Director City Planning Report No. CP46/09

 

 

Subject:                  20 Beach Street, Coogee

Folder No:                   DA/307/2009

Author:                   David Mooney, Environmental Planning Officer     

 

Proposal:                     Application to enlarge the approved attic spaces within each of the approved townhouses including new dormer windows (SEPP1 Objection to Floor Space Ratio and maximum external wall height)

 

Ward:                      East Ward

 

Applicant:                Paul Karantonis

 

Owner:                         Olympic Real Estate Pty Ltd

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.    Executive Summary

 

This development application is reported to Council because there are SEPP 1 objections for floor space ratio and building height that exceeds 10% of the prescribed standard.

 

The proposal is for 3 south-facing dormer windows to the loft level of the approved apartment building at 20 Beach Street, Coogee. The site is on the western side of Beach Street and the southern side of Clovelly Road with frontage to both.

 

The proposal adds 25m2 of floor area to the approved building increasing its floor space ratio from 0.8:1 to 0.85:1, which is 30% more than the maximum of 0.65:1. The new south facing dormer windows are above the existing eave increasing external wall height from 5.4-6.1m to 8m-8.7m, which is 24% higher than the maximum of 7m. The overall building form is smaller than existing apartment buildings to the west and the approved building to the north. Impacts on views, privacy and solar access are minor. For these reasons, compliance with the development standards would be unreasonable and the SEPP 1 objection can be supported.

 

There are objections mainly on the grounds of view-loss, overshadowing, non-compliance, parking and impact on the local urban character. These matters are addressed in the report.

 

Approval subject to conditions is recommended.

 

2.    The Proposal

 

The proposal is for 3 south-facing dormer windows to the loft level of the approved apartment building at 20 Beach St, Coogee. The proposal adds 25m2 to the loft level, increasing the floor space ratio from 0.8:1 to 0.85:1. There is no increase in the number of units or bedrooms. Figure 1 shows the southern elevation of the proposed building. The new dormers can be seen at the 3rd level shaded.

 

Figure 1 - South elevation showing the 3 new dormers shaded

 

3.    SEPP 1 Objection

 

The proposal adds 25m2 of floor area to the approved building increasing its floor space ratio from 0.8:1 to 0.85:1, which is 30% more than the maximum of 0.65:1. The new south facing dormer windows are above the existing eave increasing external wall height from 5.4-6.1m to 8m-8.7m, which is 24% higher than the maximum of 7m.

 

Non-compliance with the maximum prescribed external wall height and floor space ratio is assessed under State Environmental Planning Policy No 1 after the 4 principles set-out by Lloyd J in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 (6 April 2001):

 

(Principle 1) What is the underlying object or purpose of the standard?

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

 

Floor space ratio: 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.

 

(Principle 2) Is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The Assessing Officer considers there are 2 arguments in support of the proposed encroachments:

 

·      The overall building form is smaller than existing apartment buildings to the west as can be seen in figure 3 and the approved building to the north. By way of comparison, the 4 storey apartment building at 290 Clovelly Road has a floor space ratio of approximately 1.45:1 and an external wall height that is at least 11m. The approved 3 storey building at 343-355 Clovelly Rd has a floor space ratio of 1.75:1 and an external wall height up to 11.5m.

 

·      Impacts on views, privacy and solar access are minor, as demonstrated in the environmental assessment section of this report.

 

For these reasons, compliance with the development standards would be unreasonable.

 

(Principle 3) Would compliance hinder the reasonable development of the land?

The Assessing Officer considers the proposed building form is comparable with (and in fact smaller than) the existing or approved apartment buildings nearby. Compliance would limit the development potential of the land below what has already been realised on nearby sites. For this reason, compliance would hinder the reasonable development of the land.

 

(Principle 4) Is the objection well founded?

The main points of the applicant’s SEPP 1 objection are well founded and include:

 

·      Relationship to density and character, in terms of its height, size, bulk and scale is consistent with that of a number of developments in the vicinity and not dissimilar to that already approved at the site.

 

·      Maintains the same height as the approved development.

 

·      The additional floorspace is located within the roof of the building, and does not alter the approved building footprints or setbacks.

 

·      Does not increase the number of dwellings or bedrooms already approved at the site.

 

·      Does not give rise to any unreasonable overshadowing impacts when compared to the approved development.

 

·      Has been designed to minimise opportunities for overlooking into neighbouring properties.

 

4.    The Subject Site and Surrounding Area

 

The site is on the western side of Beach St and the southern side of Clovelly Rd with frontage to both. The site is 13.155m wide and 36.575m long with the long side facing Clovelly Rd. The site is 480.6m2 and falls gently on an easterly aspect. There is a 3-storey apartment building to the west and a free-standing home to the south.

 

The area has an eclectic mix of buildings with 1 and 2-storey homes to the east and south, 3 and 4-storey apartment buildings to the west and 2-storey mixed use buildings to the north. Figure 2 shows an aerial photograph of the site. The land is zoned 2B Residential and there is 2A residential land to the east. Figure 3 shows a photograph of the streetscape. The subject building is to the far left.

 

1.            Figure 2 - Aerial photograph

2.            

3.            Figure 3 - Streetscape

4.            

 

5.    Site History

 

The approved development is an apartment building with 3 units and 7 basement parking spaces. The building is up to 9m high with loft dormers projecting from the northern aspect of a gable roof at the 3rd level. Amendments in 4 earlier section 96 applications include minor increases in floor area, re-configuration of internal planning and adjustments to fenestration, dormers, landscaping and balconies. The original scheme had an FSR of 0.88:1 but this was calculated under an earlier definition for floor area. The proposed scheme has slightly more floor area than the original scheme but a lower FSR of 0.85:1. Table 1 outlines the application history for the approved development.

 


5.                 Table 1 – Application history for the approved development

6.                  Application

7.                  Description

8.                  91/2003

9.                  Demolition of the existing structures on site and construction of 3 x 3-bedroom, double-storey attached townhouses (with loft) and basement car parking for 7 vehicles.

10.              91/2003/A

11.                                      Section 96(2) modification of the original consent for deletion of the visitor car space and various design changes to each level, including amendments to the internal layouts, reduction of balcony sizes, alterations to landscape treatment and deletion of Condition 51 relating to compliance with relevant equitable (disabled) access standards.

12.              91/2003/B

13.              Section 96(2) modification of the original approval for various design changes to the dormer windows and window and door openings on the eastern, northern and southern elevations. 

14.              91/2003/C

15.              Section 96(2) modification to the original development consent, including amendments to the eastern basement wall alignment, planter box configuration, boundary wall / fencing design, internal floor layouts and attic dormer window design; installation of air conditioning units; and various design changes to the window and door openings on all elevations.

16.              91/2003/D

17.              Section 96(2)  modification of approved development to revise garden design for townhouse 3, revise wall height to front (Clovelly Road) planter, revise ventilation grilles to basement carpark.

 

6.    Community Consultation

 

The proposal was notified to adjoining landowners in accordance with Council policy. There were objections from:

 

·      5/292 Clovelly Rd immediately west of the site

·      6/292 Clovelly Rd also immediately west of the site.

 

Issue: Non-compliance with FSR

Comment: This issue is addressed in the SEPP section of this report and is found to be acceptable.

 

Issue: Overshadowing to 292 Clovelly Road

Comment: This issue is addressed in the environmental assessment section of the report and is found to be acceptable. There is no additional overshadowing to the apartment building at 292 Clovelly Road between 9am and 3pm during the winter solstice.

 

Issue: Loss of privacy to 292 Clovelly Road

Comment: The dormers would be installed with frosted glass to a height of 1.5m above ground level satisfying the privacy requirements of the Multi-Unit Housing Development Control Plan.

 

Issue: Increased floor area increases parking demand and impact on the availability of street parking

Comment: The floor area does not increase the number of units or bedrooms in the development and no additional on-site parking is required.

 

Issue: Proposal increases the bulk and scale of the development

Comment: Bulk and scale are dealt with in the SEPP 1 section of this report. The building is comparable to other apartment buildings nearby.

 

Issue: There are alternative design solutions such as skylights to increase lighting and ventilation to the existing loft floor level.

Comment: The alternative design solutions have not been proposed and are not under assessment.

 

Issue: There are no additional security benefits or passive surveillance.

Comment: Additional security or passive surveillance is not required.

 

Issue: View loss from 5/292 Clovelly Road

Comment: This issue is addressed in the environmental assessment section of this report and is found to be acceptable. There will be some view-loss directly east from the subject apartment and this view loss is acceptable.

 

Issue: Cost summary report does not accurately reflect likely cost of work

Comment: The cost summary report satisfies the requirements of Council’s section 94A contributions plan and is acceptable.

 

Issue: The application says that no demolition will take place but the cost summary report includes an amount for demolition and alterations

Comment: The work is to an existing roof so in a sense the proposal does include demolition, but this kind of work is more commonly referred to as alterations. Either way, the recommendation includes conditions to make sure the work is carried out in accordance with the BCA.

 

7.    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. Only those matters relevant to the proposed additions are discussed here. Tables 2 and 3 at the end of this section show an assessment against relevant LEP and DCP provisions.

 

View Sharing

View-sharing is considered here in accordance with the Court’s planning principles after Roseth SC pp25-29 in Tenacity Consulting v Warringah [2004] NSWLEC 140

 

Assess views to be affected, and from what part of the property views are obtained

 

There are views over the site from the apartments at 292 Clovelly Road to the west. Most affected by the proposed dormers would be apartment No. 5 on the top-most storey. Lower apartments or those further from Clovelly Road than No. 5 would have their views already blocked. From the living room at No 5 there is a view directly over the southern aspect of the existing roof on the subject site east toward the ocean and horizon, as can be seen in figure 4. Depending on the vantage point in apartment 5, there are views north-east toward Waverley Cemetery sweeping around the horizon to the south-east and views of the southern headland of Gordon’s Bay. Figure 6 shows a panorama from the Juliet balcony at No 5. There are no beach, coastline or island views.

 

Assess the extent of the impact

 

The proposed dormers are in the southern aspect of the existing roof below the level of the existing roof-ridge. Direct views east from the living room at No 5 would be partially obstructed as can be demonstrated by comparing the proposed western elevation in Figure 5 with the existing roof shown in the foreground of Figure 4. The living room would retain other elements of the view to the north-east and south-east and at least a standing view of the horizon directly east over the proposed dormers. Overall, views from No 5 would remain materially the same with only a minor loss of a portion of the ocean directly to the east.

 

Assess the reasonableness of the proposal that is causing the impact

 

While dormers do not comply with the LEP development standards for external wall height and floor space ratio, the overall building form is comparable to existing or approved apartment buildings nearby. As discussed in the SEPP 1 objection, the proposal satisfies the LEP purpose for external wall height and floor space ratio so, on balance, the view-loss caused by the proposed dormers is minimal and refusal or amendment on this basis would be unreasonable.

 

Figure 4 – View from the living room at 5/292         Figure 5 - West elevation showing new dormer

 

 

Figure 6 - Panorama from the Juliet balcony at 5/292 Clovelly Rd

 

Solar Access

The proposed dormers increase the height of the southern elevation and increase overshadowing to the south at 22 Beach Street. The dormers would not increase overshadowing on the apartment building to the west at 292 Clovelly Road between 9am and 3pm during the winter solstice.

 

Figure 7 shows the additional overshadowing at 22 Beach Street for 9am, 12 noon and 3pm during the winter solstice. The following arguments support the additional overshadowing:

 

·      Depending on the time of day, the proposed dormers would add between 200mm and 1.2m to the height of a nominal shadow cast from a single dwelling constructed to the envelope requirements in Council’s DCP for Single Dwellings and Attached Dual Occupancies (that is, with a wall height of 7m and a setback of 3m). The additional overshadowing is minor.

 

·      The proposed dormers, while higher than the maximum wall height for the zone, are 4.2m from the southern boundary, which is more than the minimum preferred solution setback of 2.5, and minimum preferred solution average setback of 4.2m specified in the Multi-Unit housing DCP.

 

·      A second level living area at 22 Beach Street could achieve the minimum solar access requirements in Council’s DCP for Single Dwellings and Attached Dual Occupancies or Multi-Unit Housing. Ground level solar access is difficult to maintain on the affected lot because the land is zoned for medium density development, it is narrow and down hill from the subject lot. This reasoning is consistent with the Court’s planning principle for solar access in Parsonage v Ku-ring-gai [2004] NSWLEC 347.[1]

 

Figure 7 - Additional overshadowing

 

Privacy

The proposed dormer windows are installed with frosted glass to a height of 1.5m above floor level. This satisfies the preferred solution for privacy in the multi-unit housing DCP and is acceptable.

 

18.        Table 3 – Assessment of relevant LEP 1998 provisions

19.         Provision

20.         Control

21.         Assessment

22.         Cl 11 Zone objectives

23.         The objectives of Zone No 2B are:

24.         (a)  to allow a variety of housing types within residential areas, and

25.         (b)  to allow for a range of community facilities to be provided to serve the needs of residents, workers and visitors, and

26.         (c)  to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of existing development in the area, and

27.         (d)  to allow people to carry out a range of activities from their homes, where such activities are not likely to adversely affect the environment of the locality, and

28.         (e)  to enable a mix of housing types to encourage housing affordability.

29.         The proposal is consistent with the zone objective to enable residential development in a variety of medium density housing forms where such development does not compromise the amenity of surrounding residential areas and is compatible with the dominant character of the existing development in the area.

30.         Cl 31 Landscaped area

31.         Development, otherwise than for the purpose of a dwelling house, within Zone No 2B or 2C must provide a minimum of 50% of the total site area as landscaped area.

32.         Landscaped area is not reduced by the proposal and is adequate to service the development.

33.         Cl 32 Floor Space Ratios

34.         (1)  The maximum floor space ratios for buildings, other than buildings erected for the purpose of a dwelling house, within Zones Nos 2A, 2B and 2C is 0.5:1, 0.65:1 and 0.9:1, respectively.

35.         (2)  Despite subclause (1), the maximum floor space ratio for buildings, other than buildings erected for the purpose of a dwelling house, within Zone No 2C is 0.65:1 where the site area is less than 700 square metres.

36.         The proposal increases the floor space ratio from 0.8:1 to 0.85:1, which exceeds the maximum for the site of 0.65:1. The encroachment is considered under the SEPP 1 section of this report and is found to be acceptable.

37.         Cl 33 Building Heights

38.         (1)  The maximum height for a building, other than a dwelling house, within Zone No 2A or 2B is 9.5 metres measured vertically from any point on ground level

39.         (3)  The maximum height for any external wall of a building, other than a dwelling house, within Zone No 2A or 2B is 7 metres measured vertically from any point on ground level.

40.         The proposal increases the southern external wall height from to from 5.4-6.1m to 8m-8.7m, which exceeds the maximum external wall height of 7m. The encroachment is considered under the SEPP 1 section of this report of this report and is found to be acceptable. The proposal complies with the maximum overall height of 9m.

 

Table 4 – Assessment against relevant Multi-unit housing DCP provisions

Performance Requirement

Preferred Solution

Compliance

Height

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

 

The new dormers would be between 1 and 1.7m over the maximum external wall height. These encroachments are considered in the SEPP 1 section of this report and are found to be acceptable because the building remains compatible with other buildings nearby and has minimal additional amenity impacts. Satisfactory.

P2 Variations in massing and height create visual interest, distribute the bulk of the building and minimise amenity impacts on the streetscape and adjoining properties.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

The new dormers would be setback behind the main building frontage. Complies

P2  Side boundary setbacks

Side setbacks to ensure:

Solar access maintained and overshadowing minimised.

Privacy between adjoining dwellings and open spaces.

Landscaping and private open space provided.

Streetscape amenity is maintained.

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

The new dormers would be setback 4.2m from the side boundary; are 4.5m wide and spaced at 3.8m intervals. Complies

P3  Rear Boundary Setbacks

Ensure that:

Solar access and overshadowing are minimised.

Privacy between neighbouring dwellings and their open spaces provided.

Landscaping, communal recreation facilities and outdoor clothes drying spaces provided.

Building built across site.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

Maximum length of wall without articulation 10 metres.

The new dormers would be set in from the rear setback of the approved building. Complies

Density

P1 Building bulk compatible with surrounding built forms and minimises impact on nearby buildings, open spaces and the streetscape.

 

The new dormers would increase FSR from 0.8 to 0.85. This encroachment is considered in the SEPP 1 section of this report and is found to be acceptable because the building remains compatible with other buildings nearby and has minimal additional amenity impacts. Satisfactory.

Privacy

P1  Visual Privacy

Windows and balconies of main living areas are located to avoid overlooking windows in adjoining dwellings and private open space.

S1 Offset, angle or screen windows with less than 10m separation. Sill level of 1.6 metres above floor level.

The new dormers would be installed with frosted glass to a height of 1.5m above floor level. Satisfactory

P2 Private open space design and location ensure privacy.

 

P3  Acoustic Privacy

Building layout and design minimises noise transmission of noise. Quiet areas separate noise-generating activities.

 

P4 Building construction transmission of noise.

 

S4  Wall/floor insulation & sound consistent with

Building Code of Aust.

View Sharing

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

 

View sharing is considered in the environmental assessment section of this report in accordance with the Court’s planning principle and is found to be acceptable.

P2 Development minimises effects on views and shows how view loss is minimised.

 

P3 Buildings are aligned to maximise view corridors between buildings.

 

Parking

Required On-site Parking

1 bedroom dwelling

1 space per  dwelling

2 bedroom dwelling

1.2 spaces per dwelling

3 or more bedroom   

1.5 spaces per dwelling

Visitor parking is 1 space per 4 dwellings.

 

The additional floor area does not increase the number of bedrooms or number of units in the development and therefore there is no increase in parking demand and no requirement for additional parking.

P1 Garages and parking structures do not dominate the street frontage.

 

P2 Parking spaces for people with a disability provided as required (refer to dwelling number requirements in P1 and P2 Barrier Free Access.

 

P3 Secure storage for bicycles is provided.

 

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

Design, orientation, siting and landscaping minimises loss of solar access.

 

Solar access is considered in the environmental assessment section of this report and is found to be acceptable.

P1.1  Solar access to existing solar collectors maintained between 9am and 3pm.

 

P1.2 Living areas of neighbours’ dwellings receive 3 hours of sunlight over part of their surface throughout the year. If less currently available, the amount is not reduced.

 

P1.3 Neighbour’s principal private outdoor open space receives 3 hours of sunlight over at least 50% of its area throughout the year. If less currently available, the amount is not reduced.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

Living areas are orientated to the north.

Larger windows are located on the north.

S4 75% of dwellings achieve 3.5star Nat HERS rating or equivalent.

No dwelling achieves less than 3 stars. The Anthers rating for each dwelling (on a typical unit basis) is provided with the application.

 

BASIX requirements superseded these provisions. A BASIX certificate is not required because the estimated value of the work is less than $50k

P5 Buildings have roofs with pitch suitable for solar collectors.

S5  Adequate area of roof between 45 degrees east and 45 degrees west or north, and a slope between 15 and 55 degrees to the horizontal for installation of solar collectors.

The new dormers would be in the southern aspect of the roof and would not affect solar collector capacity.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

 

Conclusion

 

This development application is reported to Council because there are SEPP 1 objections for floor space ratio and building height that exceeds 10% of the prescribed standard.

 

The proposal is for 3 south-facing dormer windows to the loft level of the approved apartment building at 20 Beach St, Coogee. The site is on the western side of Beach St and the southern side of Clovelly Rd with frontage to both.

 

The proposal adds 25m2 of floor area to the approved building increasing its floor space ratio from 0.8:1 to 0.85:1, which is 30% more than the maximum of 0.65:1. The new south facing dormer windows are above the existing eave increasing external wall height from 5.4-6.1m to 8m-8.7m, which is 24% higher than the maximum of 7m. The overall building form is smaller than existing apartment buildings to the west and the approved building to the north. Impacts on views, privacy and solar access are minor. For these reasons, compliance with the development standards would be unreasonable and the SEPP 1 objection can be supported.

 

There are objections mainly on the grounds of view-loss, overshadowing, non-compliance, parking and impact on the local urban character. These matters are addressed in the report.

 

Approval subject to conditions is recommended.

Recommendation

 

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

AND

 

That Council as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 to Development Application No 307/2009 to enlarge the approved attic spaces within each of the approved townhouses including new dormer windows at 20 Beach Street, Coogee, subject to the following conditions:

 

Conditions

 

1.       The development must be implemented substantially in accordance with the plans numbered 07_083 DA_02, DA_03, DA_05 and DA_06, dated 14/7/09 and received by Council on 20/7/09, the application form and on any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans.

 

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

 

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

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

 

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

 

The following conditions are applied to satisfy relevant legislative requirements and to provide reasonable levels of health, safety and amenity:

 

Building regulation & construction conditions

 

4.       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.

 

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

 

6.       Prior to the commencement of any building or ‘fit-out’ 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.

 

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

 

8.       Prior to the commencement of any building or ‘fit-out’ works, the person having the benefit of the development consent must:-

 

·      appoint a Principal Certifying Authority for the building work, and

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

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

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

 

9.       The 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.

 

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

 

11.     Where applicable, 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.

 

12.     The Fire Safety Certificate must include 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.

 

13.     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.

 

14.     An annual Fire Safety Statement must be submitted to the Council and the NSW Fire Brigades, each year after the date of the Fire Safety Certificate, in accordance with the Environmental Planning & Assessment Regulation 2000.

 

15.     Any 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.

 

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

 

17.     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 the proposed works are suitable, the plans will be appropriately stamped by Sydney Water or their Agent.  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 is required to ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans prior to the commencement of any building works.

 

18.     In existing buildings, the following works are to be carried out to ensure minimum levels of fire safety (as applicable):-

 

19.     Any new or replacement ceilings walls and floor linings and doorways are required to satisfy the relevant requirements of the Building Code of Australia. 

 

20.     Any residential part/s of the building are to be fire-separated from the commercial area encompassed in this development application, in accordance with the relevant provisions of the Building Code of Australia.

 

21.     Any residential parts of the building must be provided with a smoke detection and alarm system, in accordance with the relevant provisions of the Building Code of Australia.

 

Details of the abovementioned items and other building and fire safety works are to be provided in the construction certificate.

 

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

 

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

 

·      protect and support the adjoining premises from possible damage from the excavation, and

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

 

Does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

 

24.     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.

 

25.     All building, demolition and associated site works are strictly prohibited on Sundays, Public Holidays and also on Saturdays adjacent to a Public Holiday.

 

26.     In addition, the use of any rock excavation machinery or the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only.

 

27.     Public health, safety and convenience must be maintained at all times during demolition and building works and the following requirements must be complied with at all times (as applicable):

 

28.     Demolition work must be carried out in accordance with Australian Standard, AS2601 (2001) - The Demolition of Structures and a Demolition Work Plan is required to developed and implemented to the satisfaction of the Principal Certifying Authority prior to commencing any demolition works.

 

29.     The demolition, removal, storage and disposal of any materials containing asbestos must be carried out in accordance with the relevant requirements of WorkCover NSW, Council’s Asbestos Policy and the following requirements:

30.     A licence must be obtained from WorkCover NSW for the removal of friable asbestos and or more than 10m2 of bonded asbestos (i.e. fibro)

 

31.     Asbestos waste must be disposed of in accordance with the Protection of the Environment Operations Act 1997 & relevant Regulations

 

32.     A sign must be provided to the site/building stating “Danger Asbestos Removal In Progress”

 

33.     A Clearance Certificate or Statement must be obtained from a suitably qualified person (i.e. Occupational Hygienist) upon completion of the asbestos removal works, which is to be submitted to the Principal Certifying Authority and Council prior to issuing an Occupation Certificate.

 

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.

 

34.     A sign must be provided and maintained in a prominent position, which contains the following details:

 

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

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

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

 

35.     The roadway, footpath and nature strip must be maintained in a good, safe condition and free from any obstructions, trip hazards, 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.

 

36.     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.

 

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

 

38.     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.

 

39.     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 Building Services section.

 

40.     During demolition and construction, sediment laden stormwater run-off shall be controlled using the sediment control measures outlined in the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to the satisfaction of Council.

 

41.     Public safety must be maintained at all times and public access to any demolition and building works, materials and equipment on the site is to be restricted. If necessary, a temporary safety fence or hoarding is to be provided to protect the public. Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

42.     If it is proposed to locate any site fencing, hoardings or items upon any part of the footpath, nature strip or any public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services department beforehand. Details and plans are to be submitted with the application, together with payment of the weekly charge in accordance with Council’s adopted Pricing Policy.

 

43.     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.

 

44.     The requirements and practices contained in the Protection of the Environment Operations Act 1997 and relevant DECC Construction Noise and Vibration Guidelines are to be satisfied and a Construction Noise and Vibration Management Plan is to be developed and implemented throughout the works to the satisfaction of Council.

 

Health & amenity

 

45.     The operation of the premises and all plant and equipment must not give rise to an environmental health or public nuisance or, result in an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

46.     In this regard, the use and operation of the premises (including all 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 DECC/EPA Noise Control Guidelines.

 

47.     Access and/or facilities for people with disabilities must be provided to new buildings or work in accordance with the relevant provisions of the Building Code of Australia, to the satisfaction of the Certifying Authority and details are to be provided with the Construction Certificate application

 

Waste management

 

48.     Adequate provisions are to be made within the premises for the storage, collection and disposal of trade/commercial waste and recyclable materials, to the satisfaction of Council.

 

49.     Any trade/commercial waste materials must not be disposed in or through Council’s domestic garbage service.  All trade/commercial waste materials must be collected by Council’s Trade Waste Service or a waste contractor authorised by the Waste Service of New South Wales. Details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

ADVISORY

 

·      The assessment of this development application does not include an assessment of the proposed building work under the Building Code of Australia (BCA).

 

·      All new building work must comply with the BCA and relevant Australian Standards and details of compliance must be provided in the Construction Certificate application.

 

·      In existing buildings, the levels of fire and occupant safety should be upgraded where necessary and details should be incorporated in the Construction Certificate to the satisfaction of the Certifying authority.

 

·      Where the levels of accessibility to existing buildings do not meet current standards, if practicable, the level of accessibility should also be upgraded in conjunction with the proposed development (e.g. via the installation of a 1:8 access ramp within the building) and details included in the construction certificate application.

 

·      Building owners, applicants and builders are advised to speak to the appointed Certifying Authority prior to lodgement of the Construction Certificate.

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

25 August 2009

 

 

 

Director City Planning Report No. CP47/09

 

 

Subject:                  17 Clovelly Road, Randwick

Folder No:                   DA/415/2009

Author:                   Adrian McKeown, Environmental Planning Assessment Officer     

 

Proposal:                     Fit-out and continue the use of the premises as a cafe with hours of operation 6.00am to 10.00pm and outdoor dining for 12 people

 

Ward:                      North Ward

 

Applicant:                Ms. N. Trindade

 

Owner:                         The Estate of the late G. Onisforou and T.G. Onisforou

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.    Executive Summary

 

The application is referred to Council for determination as requested by Councillors Smith, Woodsmith and Hughes.

 

The proposal is for the fit-out and to continue the use of the premises as a cafe with hours of operation 6.00am to 10.00pm and outdoor dining for 12 people. A proposed condition of consent has been included limiting the operation of the café to 7.00am – 9.30pm.

 

The site is within the North Randwick Heritage Conservation Area and is zoned 2A Residential. The application relies on existing use rights and the applicant submits that there has been a continuous use of the premises as a café since 2002, other than for a recent period where the previous tenant vacated the premises on 26 May 2009.

 

Council investigated complaints about unauthorised construction works being undertaken at the café during the period 11 June 2009 – 10 July 2009. A Council officer visited the site on three separate occasions and instructed those tradespeople present that a development application would be required. This application is the result of those requests by Council’s officer.

 

Council cannot grant consent to the unapproved works which have already taken place on the site. The subject of this development application is therefore the proposed works which have not yet been undertaken and to continue the use of the premises as a café.  A condition of consent is proposed that a certificate prepared by a professional engineer shall be submitted to the certifying authority, certifying the structural adequacy of the building with regard to the recent removal of a wall to the ground floor of the premises.

 

As a result of the notification of the application, nine submissions were received. Submissions were primarily concerned with the following issues:

 

·      Proposed hours of operation in a residential area;

·      Use of the footpath for outdoor dining;

·      Potential for the rear yard to be used for dining purposes; &

·      Unauthorised construction works to the site.

 

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

 

The application is recommended for approval.

 

2.    The Proposal

 

The proposal is for the fit-out and to continue the use of the premises as a cafe with 19 internal seats and hours of operation from 7.00am to 9.30pm and for outdoor dining for 12 people.

 

The current development application proposes to increase the area within the premises which is to be used as a café from 33.1 square metres to 53.7 square metres.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the north-eastern side of Clovelly Road in Randwick and is presently occupied by an existing two storey, brick commercial building with shop-top residential housing. Neighbouring the property to the south-east is a similar brick commercial building with shop-top residential housing and to the north-west is located a two storey residential flat building.

 

The surrounding area is predominantly a mixture of low to medium density commercial and residential uses with some residential flat dwellings. Other non-residential uses in the vicinity of the site include but are not limited to a mixed business at 19 Clovelly Road, and cafes at 26 and 30 Clovelly Road,.

 

Figure 1 is an aerial view of the subject site and adjoining sites.

 

 

Figure 1:   Aerial view of subject site at 17 Clovelly Road and the adjoining residential flat building at 15 Clovelly Road.

 

 

Figures 2 & 3:    Existing commercial premises adjacent to the subject site at 17 Clovelly Road.

 

4.    Site History

 

·      Council granted consent on 13 August 2002 for DA/680/2002 for the use of the premises as a take away and eat in cafe. Hours of operation: 9.00am - 9.00pm, seven days a week.

 

·      Council granted consent on 20 October 2003 for DA/868/2003 to provide outdoor seating to existing cafe. Hours of operation: 9.30am – 7.30pm, seven days a week.

 

 

·      Council granted consent on 5 November 1992 for DA/423/1992 to change the use to the hire and sale of roller blades.

 

·      Council granted consent on 15 August 1986 for DA/231/1986 to use the existing shop premises as a hairdressing salon.

 

·      Council granted consent on 1 February 1979 for DA/16/1979 to use existing shop premises as a doctors surgery.

 

·      Council granted consent on 20 November 1975 for DA/191/1975 to use shop premises as a bicycle hire shop.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the Development Control Plan for Public Notification of Development Proposals and Council Plans.

 

5.1 Objections

The following submissions were received:

 

Owners of 24 Clovelly Road, Randwick

Issue

Comment

Extended hours of operation will generate additional noise and traffic to a residential area.

 

Hours of operation

The proposed hours of operation are 6.00am - 10.00pm.

 

Proposed conditions of consent limit the hours of operation for the interior of the café to 7.00am to 9.30pm and 7.00am to 9.00pm for the outdoor dining area.

 

A café to the locality has approval for outdoor dining with hours of operation similar to those proposed at the subject site. 30 Clovelly Road has approval for hours of operation 7.00am – 9.00pm.

 

Traffic generation

The premises provides in excess of 2 off-street parking spaces to the rear of the property and is compliant with the Parking DCP.

 

The applicant submits that the off-street parking spaces will be used by the employees of the café and that there will be no parking provided to customers of the café. There is access to public transport in close proximity to the shop and the applicant submits that the majority of customers are expected to be local and therefore to walk to the premises rather than drive.

 

Twelve outdoor dining seats will triple the existing capacity of the café. This will limit the parking available to local residents and their guests.

 

See discussion above.

The proposed hours of operation and number of seats within the café will change the definition of the premises from a café to a restaurant. Restaurants imply additional noise factors such as extractor fans, conversation, music, customers arriving and departing.

 

The premises which are the subject of this application include a Class 6a building – Café or restaurant under the Building Code of Australia. Extractor fans are not required as it is proposed to prepare the food for the café off-site and then to reheat for presentation. A condition of consent has been included regarding noise resulting from the use of the café which will address the concerns of neighbours with regard to conversation, music and customers arriving and departing.

 

Existing cafes in the locality operate between 7.00am – 4.00pm. This is more suitable for a ‘village atmosphere’ which exists at this end of Clovelly Road, Randwick.

 

As discussed, 30 Clovelly Road has approved hours of operation 7.00am – 9.00pm.

Major structural works have already taken place to the premises. There are no council DA notices on the building.

A Council Officer requested that tradespeople working to the site cease work and that a development application be lodged with Council. This application is the result of that request.

 

The premises was notified to surrounding owners by way of a letter.  Development in a heritage conservation area, where very little exterior building work is being undertaken, is generally not also advertised or has a sign placed on the site as detailed in Council’s ‘Public Notification of Development Proposals and Council Plans’ DCP.

 

 

Owners of 26 Clovelly Road, Randwick

Issue

Comment

Concerns regarding noise generation of a café.

 

See discussion above.

 

 

Concerns regarding noise from rubbish collection out of business hours.

 

Proposed standard conditions of consent relate to the collection of rubbish. A condition of consent has been included regarding noise resulting from the use of the café which will also apply to rubbish collection out of business hours.

 

The lack of an extractor fan may cause nuisance in the form of odours to neighbouring residences.

 

Extractor fans are not required as food is proposed to be prepared off-site.

There is no precedent for night time trading to the locality.

 

See discussion above.

 

 

 

 


Additional submission from the owners of 24 Clovelly Road, Randwick

Issue

Comment

The demolition of the wall separating what was the original café and a residential room has effectively doubled the commercial component of the ground floor area.

 

The applicant is relying on existing use rights for the proposal to continue the use of the premises as a café. It is permissible to expand the use of a premises under the existing use rights provisions. The proposed floor space is compliant with the planning standards contained within the RLEP 1998 and there is no proposed increase to the building envelope. 

 

There is no council DA notice on the building. There has not been comprehensive community consultation for the proposal.

 

See discussion above.

Tradespeople have been observed at the site on 7 July 2009 and 10 July 2009, despite no DA or CC consent having been granted.

 

See discussion above.

The applicant has conducted unauthorised works without comprehensive community consultation. This sends a message to other residents and developers that RCC does not take its statutory responsibilities seriously. This may lead to other developers following their example and commencing demolition and construction works without approval.

 

As above, a Council Officer requested that tradespeople working to the site cease work and that a development application be lodged with Council. This application is the result of that request.

 

 

Owners of 7 Clovelly Road

Issue

Comment

The proposed hours of operation are unacceptable.

 

See discussion above.

If alcohol is served or BYO is encouraged, this would be unacceptable in a residential area.

 

A condition of consent has been included that the sale, supply and consumption of alcohol must not take place at the premises except with or ancillary to the service of food to be consumed on the premises and the relevant liquor licence under the Liquor Act 2007.

 

There is a bus stop adjacent to the proposed outdoor seating area. This would lead to congestion on the footpath.

 

See Development Engineer’s discussion and analysis of the proposal with regard to the Footpath Dining and Trading DCP in section 8.1(a).

The demolition of the wall separating what was the original café and a residential room to the rear and the leasing of the residential component above the café without a separate entrance is distasteful and unusual.

The applicant submitted during a site visit that it is her intention to reside in the residential component of the building. The original design of the building included shop top housing and is therefore not unusual.

The toilet under the stairs does not comply with the ‘A.B.S.’.

 

Council’s Building Officer has viewed plans and has recommended that a condition of consent be proposed to Council, that all proposed building works to the café must comply with the Building Code of Australia (BCA). 

Council should closely assess this proposal with regard to fire protection, sanitation and grease trap requirements.

 

The proposal will be subject to standard conditions and requirements relating to these issues.

 

Additional submission from Owners of 7 Clovelly Road

Issue

Comment

Repeating that the proposed hours of operation are unacceptable.

 

See discussion above.

 

Planning consultant on behalf of the owners of 15 Clovelly Road

Issue

Comment

The internal part of the café should trade until 10.00pm.

 

Approval for the outdoor seating area should be granted in accordance with Council’s Footpath Dining and Trading DCP with regard to hours of operation.

See discussion in section 8.1(a).

 

Tenant of 4/15 Clovelly Road, Randwick

Issue

Comment

The Statement of Environmental Effects for the  proposal states that the café is situated in an ‘established shopping locality’. This is not an accurate description and does not reflect the true (residential) nature of the land use zoning of the site.

 

The site was constructed as business premises and is within a group of existing shops which have been used for commercial premises over a long period of time.

 

Despite the zoning to the subject site, the applicant is relying on existing use rights for continued use as a café. 

No objection is raised to the use of the proposed Footpath Dining area during the day.

 

The proposed Footpath Dining area has the potential to impact on neighbours with regard to noise at night time.

See discussion above.

 

Tenant of 5/15 Clovelly Road, Randwick

Issue

Comment

The proposal will lead to more traffic congestion to the area. There are many more similar businesses in the area already and this will compound the existing problem.

See discussion above.

The previous café resulted in noise, traffic and rubbish problems. 

 

A search of Council’s records reveals that no complaints were received regarding the operation of the previous café.

The proposed hours of operation from 6.00am – 10.00pm are unacceptable. There is a residential flat building next door.

See discussion above.

 

Tenant of 3/15 Clovelly Road, Randwick

Issue

Comment

The use of the premises as a café is supported. Concerned is raised that the outdoor seating will block the main entrance to 15 Clovelly Road.

 

The area proposed to be used for outdoor seating is wholly located to the front of the premises. Existing brass plates which delineated the previous outdoor seating consent will remain in place as they are consistent with the current proposal.

To minimise noise for the neighbouring property, no outdoor seating should be allowed to the rear yard of the subject site. Similarly, patrons should not be able to enter the café through the rear of the site.

 

A condition of consent has been included that no outdoor seating may be located to the rear yard or residential component of the building.

 

Tenant of 8/15 Clovelly Road, Randwick

Issue

Comment

The proposed hours of operation are unacceptable.

 

See discussion above.