Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 11 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


 

 

 

 

 

 

 

 

 

 

 

 


Planning Committee

11 August 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Planning Committee Meeting

 

 

Notice is hereby given that a Planning Committee Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 11 August 2009 at 6:00pm.

 

 

Committee Members:           The Mayor, B Notley-Smith, Andrews, Belleli, Bowen, Hughes, Matson (Deputy Chairperson), Matthews, Nash (Chairperson), Procopiadis, Seng, Smith, Stevenson, Tracey, White & Woodsmith.

 

Quorum:                           Eight (8) members.

 

NOTE:    At the Extraordinary Meeting held on 28 September 2004, the Council resolved that the Planning Committee whose membership consists of all members of the Council be constituted as a committee with full delegation to determine matters on the agenda.

 

Apologies/Granting of Leave of Absences 

 

Confirmation of the Minutes  

Planning Committee Meeting - 14 July 2009

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

Address of Committee by Members of the Public

 

Urgent Business

 

Development Application Reports

D44/09      28 French Street, Maroubra

D45/09      10 Eurimbla Avenue, Randwick

D46/09      272 Arden Street, Coogee

D47/09      2 Second Avenue, Maroubra

D49/09      73-109 Belmore Road, Randwick

 

Miscellaneous Reports

M9/09       Restrictions on Smoking in Outdoor Dining Areas

M11/09     Planning changes for the Port Botany and Matraville Industrial Area    

 

Closed Session

Nil 

 

Notices of Rescission Motions

Nil 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

11 August 2009

 

 

 

Development Application Report No. D44/09

 

 

Subject:                  28 French Street, Maroubra

Folder No:                   DA/275/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Demolition of existing structures on site and construction of a detached dwelling house incorporating 4 levels of floor space with garage, terraces and balconies, retaining walls and site landscaping.

 

Ward:                      Central Ward

 

Applicant:                Alex Popov & Associates

 

Owner:                         M Clements

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary

 

The subject application is for demolition of the existing structures on site and construction of a detached dwelling house incorporating 4 levels of floor space with garage, terraces and balconies, retaining walls and site landscaping. The application is referred to the Planning Committee Meeting for determination as the estimated development cost is more than $2 million (being $2,292,919).

 

The subject site is located on the northern side of French Street and has a frontage width and land area of 16.29m and 781.6m2 respectively. The site is adjoined by detached dwelling houses to the north-east and south-west. The locality is predominantly characterised by detached style residences.

 

The application was notified from 14 to 28 May 2009 to 26 adjoining and nearby properties in accordance with the ‘DCP – Public Notification of Development Proposals’ and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

The site is identified as being within Zone No. 2A (Residential A Zone) under RLEP 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a detached dwelling that steps down the slope of the site, consistent with the character of other residential developments in the locality. The development will incorporate suitable design measures that minimise the visual scale and bulk of the structures, and is considered to have positive planning merits.

 

The DCP – Dwelling Houses and Attached Dual Occupancies specifies detailed built form and setback controls for dwelling house developments.

 

The external wall height of the proposed development is 9.2m and does not meet the DCP preferred solution. However, it is considered that the above will not result in significant adverse amenity or visual impacts on the area, and relevant objectives and performance requirements are satisfied. The external wall to the entry level rainwater tank storage area does not meet the 6m front setback preferred solution. A specific condition is recommended to require additional setback to minimise visual impacts on the streetscape and the neighbouring property. The overall built form and setbacks of the development are considered to satisfy the objectives and performance requirements of the DCP, subject to the abovementioned condition.

 

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

 

The proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

The subject site is described as Lot 1365 in DP 752015, No. 28 French Street, Maroubra. The site is located on the northern side of French Street and has an irregular configuration. The dimensions and land area of the site are summarised in the table below:

Boundary

Length

Land area

North-western, rear boundary

10.965m

 

South-eastern, street boundary

16.29m

 

North-eastern, side boundary

60.835m

 

South-western, side boundary

56.195m

 

 

 

781.6m2

 

The site slopes significantly from the rear to the street with a cross fall of approximately 9.66m (from RL50.29m to RL40.63m). A series of terraces and retaining walls are located in the front section of the allotment.

 

At present, the site is occupied by a single-storey detached dwelling of brick and tiled roof construction, which is elevated above the footpath level. A detached single garage is located adjacent to the street boundary.

 

The site is adjoined to the north-east (No. 26 French Street) by a part 2- and part 3-storey detached dwelling of brick and tiled roof construction. Immediately adjoining the site to the south-west (No. 30 French Street) is a 2-storey dwelling house of brick and tiled roof construction. Both adjoining houses are situated above a garage structure at street level that extends across the majority of the allotment frontage. The rear boundary of the site adjoins a church premise fronting Maroubra Road (No. 339A Maroubra Road).

 

The locality is predominantly characterised by detached style residential developments.

 

 

Figure 1 Aerial view of the subject site and surrounding built environment

 

 

Figure 2 Street elevation of the existing dwelling on the subject site (middle)

Figure 3 Adjoining dwelling at No. 26 French Street

 

Figure 4 Adjoining dwelling at No. 30 French Street

Figure 5 Rear elevation of the existing dwelling on site as viewed from the elevated courtyard area

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Demolition of existing structures on site.

 

·      Site preparation and excavation works for accommodating the proposed building structures.

 

·      Construction of a detached dwelling house over 4 levels with the following floor space elements:

 

Garage / street level:        car parking for 3 vehicles

Entry level:                             rumpus room, cellar, amenities, rainwater tank storage areas and terrace

Ground floor:                           Living and dining rooms, laundry, amenities and terraces

First floor:                              4 x bedrooms, study room, amenities and balcony

 

·      Installation of solar panels on the rooftop.

 

·      Construction of retaining walls and boundary fencing.

 

·      Construction of a swimming pool in the rear courtyard.

 

·      Construction of a pavilion outbuilding adjacent to the swimming pool.

 

·      General landscape works.

 

4.      Site History

 

4.1    Previous development approval relating to the site

There are no recent development approvals relating to the subject site.

 

4.2    Plan amendments

A request was made by letter dated 12 June 2009 for the submission of amended plans and additional information addressing the following issues:

 

·      Cross-section and long-section drawings relating to the proposed swimming pool and associated plant room are to be submitted.

 

·      The proposal includes substantial retaining walls along both boundaries, reaching a height of up to 4.1m above the existing ground lines. The scale of the blank wall structures is considered to have implications on the visual amenity of the adjoining dwellings.

 

·      The south-western elevation contains full-height glazed windows adjacent to the stairwell. It is recommended that these windows be constructed with obscured glazing or provided with external fixed screening devices to minimise cross-viewing opportunities.

 

The applicant submitted revised drawings on 26 June 2009, which include the reduction of retaining wall heights, provision of obscured glazing for the stairwell windows and clarification of the extent of excavation required for the swimming pool and dwelling. The amended submission is considered to be satisfactory.

 

5.      Community Consultation

 

The subject application was notified from 14 to 28 May 2009 to 26 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. No submissions were received at the conclusion of the public consultation process.

 

6.      Technical Officers Comments

 

6.1    Development Engineer and Landscape Development Officer

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

 

Landscape Comments

All vegetation in the front portion of the site, growing within the terraced gardens which step up the slope between the front boundary and dwelling, were all identified as insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO), with no objections raised to their removal and replacement with the landscape scheme which has been indicated.

 

Beyond the southwest corner of the site, within the front yard of the adjoining property to the south, 30 French Street, close to the common boundary, there was observed to be one Araucaria heterophylla (Norfolk Island Pine) which has been heavily topped to avoid interference with the overhead service wire, to only be about 3 metres in height.

 

The existing brick wall in this area acts as both a dividing fence and a retaining wall between the two properties, with the eastern side of this trees root plate to have grown hard up against this structure, where it would then have been directed downwards. 

 

The three car garage proposed centrally across the width of the site will involve the construction of a new retaining wall in the same location (associated with the new pedestrian entry), with conditions in this report relating to the treatment of any roots encountered during this component.

 

In order to improve the aesthetics of the area, as well as to assist with the integration of the proposal into the rest of the streetscape, the applicant will be required to cover the costs for Council to install a new street tree near the western boundary.

 

The landscape plan shows that a continuous row of 18 semi-mature Banksia integrifolia (Coastal Banksia’s) will be planted along the eastern site boundary, presumably to reduce the visual dominance of the adjoining two storey dwelling to the north, 26 French Street, which will improve the level of screening and privacy provided between both properties without affecting solar access given to the height of the proposed dwelling.

 

The only established planting within the site was located in the rear yard, about halfway along the length of the eastern boundary, being one 6-7 metre tall Washington robusta (Washington Palm); however, as it could not be regarded as significant in any way, no objections are raised to its removal to accommodate the proposed works and new planting that has been indicated for this area.

 

The variety of other shrubs/small trees around the perimeter of the rear yard were all identified as being too small for the provisions of the TPO, and therefore, could be removed without the need to formally apply to Council, irrespective of this application. 

 

Drainage Comments

Stormwater runoff shall be piped to a sediment/silt arrestor pit that drains to a 5 m2 base infiltration area/rubble pit. An over flow pipe shall be provided from the silt arrestor pit that drains to Council’s kerb and gutter (or underground drainage system).

 

The requirement for an infiltration/rubble pit will not be enforced should the ground conditions preclude the construction of the infiltration pit (i.e. rock and/or the water table is near the surface). If the infiltration area is not constructed (due to demonstrated unsuitable ground conditions), all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit.

 

7.      Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 781.6m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The site is identified as being within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will deliver a single detached dwelling, which is compatible with the predominant and desired character of the locality.

 

The following clauses of the LEP are relevant to the proposed development:

 

Clause

Required

Proposed

Compliance

22 Services

Adequate facilities for supply of water, disposal of sewage and drainage are required to support a proposed development

The provision of utility and civil services will be required by appropriate conditions of consent.

Complies, subject to conditions

40 Excavation and filling of land

Council to consider the likely impact on existing drainage patterns and soil stability in the locality, and the effects of the proposed works on the likely future use or redevelopment of the land

The proposal requires significant excavation to accommodate functional floor plates for the garage and entry levels as well as the swimming pool structures.

 

The application has been referred to Council’s Development Engineer for assessment. It is considered that the proposal will not adversely impact on the drainage pattern and use of the land, subject to the recommended engineering conditions.

 

Standard conditions are also recommended to ensure that suitable soil retention and erosion control measures are undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard.

Complies, subject to conditions

 

8.2    Draft Randwick Local Environmental Plan (DRLEP) 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The proposal is consistent with the general aims and zoning objectives of the draft LEP.

 

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

State Environmental Planning Policy No. 55 aims to promote the remediation of contaminated land for the purposes of reducing risk of harm to human health or any other aspect of the environment. The subject site has been continuously used for residential purposes for a prolonged period. There is no known previous industrial usage on the site, which would potentially contribute to land contamination. Accordingly, no contamination report is required in this instance.

 

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

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 applies to the proposed development. The development application is accompanied by a BASIX Certificate numbered 246148S. The requirements specified in the above certificate will be imposed by appropriate standard conditions pursuant to Clause 97A of the Environmental Planning and Assessment Regulation 2000.

 


9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) – Dwelling Houses and Attached Dual Occupancies

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

 

Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area (or 312.6m2) is provided as landscaped area.

A total of 402.2m2 or 51.5% of the site is reserved as landscaped area as defined in the DCP. Complies.

S1

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

The rear courtyard has a total area of 343.8m2. Complies.

S1

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

The rear courtyard is capable of accommodating a rectangle of approximately 30m x 10m in dimension. Complies.

S1

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

The above-mentioned private open space is located in the rear portion of the site. Complies.

S6

20% of the total site area has permeable treatment.

The proposed soft landscaped or permeable surfaces, including planter boxes on concrete slabs, amount to 527.3m2 or 67.5% of the site. Complies.

 

Floor Area

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this size is a maximum floor space ratio of 0.5:1 (or 390.8m2 gross floor area).

The proposed FSR is 0.49:1, which equates to 383.3m2 gross floor area. Complies.

 

Height, Form & Materials

 

Preferred Solution

Assessment

S1

External wall height of the building not exceed 7m

Maximum 9.2m. Does not comply, refer to comments below.

S1

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

Pool pavilion: 2.5m. Complies.

S3

Cut or fill does not exceed 1m.

Up to approximately 4.7m. Does not comply, refer to comments below.

S3

No excavation within 900mm of a side boundary.

The garage and other structures at the street level will require excavation at the side boundaries. Does not comply, refer to comments below.

S3

No excavation within 4m of a rear boundary.

The proposed swimming pool will require excavation at 2m from the rear boundary. Does not comply, refer to comments below.

S4

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

South-western elevation: 14m in length at 1.5m from side boundary. Complies.

S5

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

Not applicable.

 

External wall height

The Objectives of the DCP in relation to external wall height are to ensure developments are not excessive in height and scale, but are compatible with the existing character of the locality. The DCP aims to ensure buildings preserve privacy and natural light access for neighbouring residents and allow sharing of views.

 

The proposal has a maximum external wall height of 9.2m, and exceeds the preferred solution by 2.2m. Notwithstanding, the proposal is considered to be satisfactory based on the following reasons:

 

·      It is considered that the steep topography of the site renders strict compliance with the DCP preferred solution highly difficult to achieve. The proposed building is presented in a stepped form that follows the natural fall and contours of the land. The proposal is considered to satisfactorily address the landform of the site and will not result in significant adverse visual impacts.

 

·      The proposed built form has incorporated staggered wall planes, window openings, terraces and a combination of surface finishes, which will appropriately articulate the building facades and create visual interest. The design scheme adopts a low profile hipped roof, which will minimise the visual scale and bulk of the structures, despite non-compliance with the external wall height preferred solution. Planter boxes with shrub and accent tree vegetation will be provided on the front elevation above the garage. Overall, the architectural character of the proposal is considered to carry satisfactory design merits.

 

·      The proposed dwelling has a ridge height of RL53.50m. In comparison, the ridge levels of the adjoining properties at Nos. 26 and 30 are RL56.00m and RL54.32m respectively. The development has a ridge height, which is slightly lower than that of the neighbouring houses. The height and scale of the building are considered to be consistent with the established development pattern and streetscape in the locality.

 

·      The proposed building exceeds the 7m external wall height limit over a distance of approximately 3.2m and 3.3m on the north-eastern and south-western elevations respectively. The extent of the non-compliance is considered minor in nature when compared to the length of the allotment, being over 56m and 60m for the north-eastern and south-western boundaries.

 

·      As will be discussed in the following sections, the proposal will not result in unreasonable overshadowing or privacy impacts on the adjoining properties.

 

Excavation

The Objective of the DCP is to ensure the height and scale of developments relate to the topography with minimal cut and fill. The proposed dwelling will require excavation of up to approximately 4.7m in depth in the front section of the site. The garage level also involves excavation that reaches the side boundaries.

 

The proposal is considered to be satisfactory in this respect due to the steep topography of the site. The extent of excavation is necessary to accommodate functional floor plates in the front section of the allotment. The proposed excavation and provision of floor space under the existing ground line will not increase the visual bulk and scale of the development as viewed from the surrounding public and private domain.

 

The proposed swimming pool requires excavation at 2m from the rear boundary. Notwithstanding, the excavation works in this area will not result in substantial retaining wall structures that are visible from the neighbouring properties.

 

Specific conditions have been recommended to require adequate soil retention measures to be undertaken during works on the site.

 

Therefore, the proposal is considered satisfactory in this regard, subject to the recommended conditions.

 

Building Setbacks

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

“Garage / street level”:

1.5m to garage

2.5m to entry stairs

“Entry level”:

4.7m to enclosure wall of rainwater tank storage room

4.7m to boundary wall of terrace

8.0m to street facade

Partial non-compliance, refer to comments below.

S2

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

Minimum 32.4m from rear boundary. Complies.

S3

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

“Street / garage level”:

North-eastern boundary:

Underground walls, not applicable

South-western boundary:

1.5m to entry stairs

“Ground level” (rear section):

North-eastern boundary:     1.5m

South-western boundary:    1.5m

Complies.

S3

Side setbacks be 1.5m at second floor level.

“Entry level” (front section):

North-eastern boundary:

Underground walls, not applicable

South-western boundary:    1.5m

“First level” (rear section):

North-eastern boundary:     1.5m

South-western boundary:    1.5m

Complies.

 

S3

Side setbacks be 3.0m at third floor level.

“Ground level” (front section):

North-eastern boundary:     1.5m

South-western boundary:    1.5m

 

“First level” (front section):

North-eastern boundary:     1.5m

South-western boundary:    1.5m

Does not comply.

 

Front setback

The Objective of the front setback control aims to integrate new developments with the established streetscape pattern and to ensure retention of established vegetation.

 

The proposed garage is setback 1.5m from the street boundary and does not comply with the 6m preferred solution. The existing dwellings at Nos. 24 and 26 French Street have garages built at nil or minimal setback from the street boundary. Given the steep gradient of the subject site, it is considered reasonable to support the proposed setback distance. The proposal is not considered to detract from any established development pattern in the locality.

 

At the “entry level”, there is a rainwater tank storage room where the south-eastern enclosing wall is setback only 4.7m from the street boundary. The wall has a length of 6.5m aligned in parallel to the front boundary. The north-eastern wall of the above storage room has a height of 4.1m and is located at the shared boundary with No. 26 French Street. It is considered that the above element would result in a bulky structure that adversely impacts on the visual amenity of the adjoining dwelling and the streetscape. A special condition is therefore recommended to alter the proposal to meet the 6m setback preferred solution. This will also serve to reduce the height of the wall from 4.1m to 3.5m at the shared boundary and hence minimize its resultant visual bulk.

 

There is a 900mm high wall separating the front terrace from the planter box on the entry level. This wall is setback only 4.7m from the street boundary and does not meet the preferred solution. Notwithstanding, the above feature has a limited height and is not considered to result in adverse streetscape impacts.

 

Side setback

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

 

The front sections of the “ground” and “first” floor levels are setback only 1.5m from the common boundaries, and do not meet the 3.0m preferred solution. However, the proposal is considered satisfactory based on the following reasons:

 

·      The proposed habitable rooms have incorporated a consistent setback of 1.5m from the side boundaries across all levels. The development scheme is considered to have reserved satisfactory side setbacks to maximize privacy and ventilation for the adjoining properties.

·      The development scheme has incorporated adequate measures to protect the privacy of the neighbouring properties. Specifically, the side elevations of the proposed dwelling do not contain excessive window openings. The full-height stairwell window on the south-western elevation will be constructed with obscured glazing.

·      As will be discussed in the following paragraphs, the proposal will retain satisfactory solar access to the adjoining properties.

 


Visual & Acoustic Privacy

 

Preferred Solution

Assessment

S1

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

The proposal does not contain excessive window openings on the side elevations. The windows to the laundry and bathroom areas have sill heights that are above 1700mm from the finished floor levels. The full-height stairwell window on the south-western wall will be constructed with obscured glazing. Complies.

S1

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

The south-eastern end of the swimming pool is elevated approximately 2m above the courtyard level, and is capable of overlooking into the private open space and rear windows of No. 30 French Street.

 

The pool pavilion is located at the rear, north-western end of the courtyard area and is more likely to function as a congregation place for the occupants. Therefore, the overhanging portion of the pool is not considered to result in unacceptable privacy impacts on the adjoining dwelling.

S1

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

Refer to comments above.

S3

Buildings comply with AS 371 and AS 2107.

The proposal has incorporated appropriate materials to minimize adverse acoustic impacts on the adjoining properties.

 

Safety & Security

 

Preferred Solution

Assessment

S1,2,3

Front doors of dwellings are visible from the street.

Complies.

S1,3

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

Complies.

S2

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

To be required by condition.

 

Garages & Driveways

 

Preferred Solution

Assessment

S1

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

The development contains 4 bedrooms and is required to provide 2 off-street parking spaces. The proposed garage accommodates 3 standard car spaces and satisfies the DCP requirement. Complies.

S1

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

The car spaces have a dimension of 2.4m (W) x 5.4m (L). Adequate width extension has been allowed for the spaces adjacent to wall obstruction. The parking design is considered to satisfy Australian Standard 2890.1. Satisfactory. 

S1

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

The proposed driveway has a width of 7.375m and is setback more than 1m from both side boundaries. Complies.

S1

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

7.375m. Does not comply, refer to comments below.

S1

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

The proposed driveway gradient has been assessed by Council’s Development Engineer and is considered satisfactory subject to conditions.

S1

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

Not applicable.

S2

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

Not applicable.

S2

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

Does not comply, refer to comments below.

S2

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

45.3%. Does not comply, refer to comments below.

 

Design of parking facility

The Objectives of the DCP are to ensure on-site parking and driveway facilities are not visually intrusive and do not detract from the local streetscape.

 

The proposed garage and driveway occupy 45.3% of the allotment width. The garage structure is setback only 1.5m from the street boundary and is located in front of the main dwelling. The parking design does not comply with the preferred solution. Notwithstanding, the development scheme is considered satisfactory based on the following reasons:

 

·      The front elevation of the nearby dwelling houses on the northern side of French Street (Nos. 18, 20, 26 and 30) is characterised by garage and driveway facilities that extend across a substantial proportion of the allotment width. The provision of garages in front of the building line is a feature of the local streetscape. 

·      Given the steep gradient in the front section of the site, the provision of a garage behind the front building line will involve significant excavation and engineering complications.

·      The development scheme adopts a stepped built form that follows the topography of the site. Open terrace and planter boxes with mass shrub planting are provided above the garage to visually soften the parking structures. The building is considered to be suitably articulated and is compatible with the streetscape.

 

Fences

 

Preferred Solution

Assessment

S1

Existing sandstone fences and walls are retained/recycled.

Not applicable.

S1

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

The development includes 2.1m high timber fence and gate on the street frontage. The proposed fencing has a total length of only 4.3m and its solid configuration is compatible with the streetscape. The elevated terrace and balcony on the upper floor levels will provide satisfactory casual surveillance of the public domain.

S1

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

 

Solar Access and Energy Efficiency

 

Preferred Solution

Assessment

S1

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

Refer to the “BASIX” section of this report.

S2

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

Complies.

S2,8

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

Complies.

S9

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

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

S9

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

The proposal will overshadow and reduce solar access to the north-east facing windows of No. 30 French Street to less than 3 hours on the winter solstice. Does not comply, refer to comments below.

S9

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

The proposal will allow more than 3 hours of direct sunlight to over 50% of the private open space of No. 30 French Street on the winter solstice. Complies.

 

Solar access to north-eastern side windows

The objective of the DCP aims to protect solar access enjoyed by neighbours.

 

According to the submitted shadow diagrams, the upper level windows of No. 30 French Street currently enjoy a minimum of 3 hours of direct sunlight from 9 am to 12 noon on the winter solstice. The lower level windows receive direct sunlight at 12 noon.

 

The proposed development will completely overshadow the lower level windows of No. 30. The upper level windows will only receive direct sunlight at 12 noon.

 

Notwithstanding the above, the proposal is considered acceptable based on the following reasons:

 

·      The subject proposal meets the preferred solution for the rear setback. In addition, the south-western elevation of the proposed development is setback 1.5m from the shared boundary across all levels. The building footprint and positioning are considered to be adequate in terms of retention of solar access to the adjoining properties.

 

·      The external wall heights in the rear section of the dwelling meet the 7m preferred solution specified in the DCP. The ridge height of the proposal is also lower than that of Nos. 26 and 30 French Street.

 

·      The north-western windows and the rear private open space of No. 30 French Street will continue to enjoy a minimum of 3 hours of direct sunlight on the winter solstice. It is considered that a satisfactory level of living amenity will be maintained for the above property.

 

·      The adjoining dwelling at No. 30 French Street is located to the south-west of the development site. The orientation of the subject and adjoining sites limit the amount of direct sunlight that could be retained for the side windows of No. 30.

 

 

 

Figure 6 North-eastern elevation of No. 30 French Street

 

9.2    Randwick Section 94A Development Contributions Plan

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost $100,001 - $200,000

------

0.5%

------

Development cost more than $200,000

$2,292,919

1.0%

$22,929.19

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

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

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

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

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

Not applicable.

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

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

 

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

 

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

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

The environmental impacts of the proposed development on the natural and built environment have been assessed within the body of this report.

 

The proposed development is consistent with the predominant residential land uses in the locality. The proposal is not considered to result in detrimental social or economic impacts on the locality.

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

The site is located within an area, which is predominantly characterised by lower density residential developments. The proposal will maintain the existing detached housing form. The site has sufficient dimension to accommodate the proposed structures. Therefore, the site is considered suitable for the proposed development. 

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

No submissions were received. 

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

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed development complies with the relevant objectives and performance requirements of Development Control Plan – Dwelling Houses and Attached Dual Occupancies. The proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of visual bulk and scale, view loss, solar access and privacy.

 

The proportion, massing, colours, materials and finishes proposed are considered to be satisfactory. The design is sympathetic to the steep landform and the character of the existing streetscape.

 

The application is therefore recommended for approval subject to the attached conditions of consent.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/275/2009 for demolition of existing structures on site and construction of a detached dwelling house incorporating 4 levels of floor space with garage, terraces and balconies, retaining walls and site landscaping, at No. 28 French Street, Maroubra, subject to the following conditions:

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

0316-DA100(J)

25/06/09

26 June 2009

Alex Popov & Associates

0316-DA102(J)

25/06/09

26 June 2009

0316-DA103(J)

25/06/09

26 June 2009

0316-DA104(J)

25/06/09

26 June 2009

0316-DA105(J)

25/06/09

26 June 2009

0316-DA106(J)

25/06/09

26 June 2009

0316-DA107(J)

25/06/09

26 June 2009

0316-DA114(J)

01/07/09

26 June 2009

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building are to be consistent with the submitted Finishes Board, numbered 0316-DA120, undated, prepared by Alex Popov & Associates, and received by Council on 26 June 2009.

 

3.       The south-eastern wall to the rainwater tank storage areas at the “entry level” shall be setback a minimum distance of 6000mm from the French Street boundary of the subject site. The additional setback areas shall be utilized for soft landscaping/planting purposes. Details demonstrating compliance with the above requirement shall be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

4.       The windows attached to the stairwell areas on the south-western elevation shall be constructed with obscured/frosted/translucent glazing. Details of compliance are to be incorporated in the Construction Certificate documentation.

 

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

 

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

        

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

 

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

 

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

 

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

 

11.     Metal roof sheeting is to be painted or colour bonded to minimize reflection and to be sympathetic and compatible with the building and surrounding environment.

 

12.     Any gate opening shall be constructed so that the gate, when hung, will be fitted in such a manner that it will not open over the footway on French Street or a public place.

 

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

 

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

 

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

 

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

 

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

 

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

 

14.     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

$2,292,919

1.0%

$22,929.19

       

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.

 

15.     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.

 

16.     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.

 

17.     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)

 

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

 

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

 

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

 

19.     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:

 

20.     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.

 

21.     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.

 

22.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

 

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

 

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

 

27.     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.

 

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

 

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

 

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

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

 

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

 

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

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

 

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

 

29.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

      The requirements and Guidelines of WorkCover NSW

·      Occupational Health and Safety Act 2000

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

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

 

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

 

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

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

·              Details of hazardous materials, including asbestos

·              Method/s of demolition and removal of asbestos

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

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

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

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

·              Date the demolition and removal of any asbestos materials will commence

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

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

 

34.     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.

 

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

 

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

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

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

·           as otherwise required by the Principal Certifying Authority.

 

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

 

36.     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).

 

37.     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.

 

38.     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.

 

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

 

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

 

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

 

40.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details of methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

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

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

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

    before 7.00am or after 8.00pm on weekdays.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   $1000.00   -      Damage/Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

53.     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 concrete vehicular crossing and layback (maximum 5.50m wide) at kerb opposite the vehicular entrance to the site.

 

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

 

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

 

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

 

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

 

56.     The Council’s Development Engineer has inspected the above site and has determined that the design alignment level at the property boundary for driveways, access ramps and pathways or the like, must be as follows:

 

A maximum of 350mm above the existing Council footpath level at all points opposite the Council footpath.

 

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

 

57.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $717.00 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:

 

58.     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.

 

59.     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.

 

Note: The Sewer Man Hole Lid located on Council’s footpath may have to be altered to suit the new Council driveway crossing servicing the site.

 

60.     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.

 

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

 

61.     Generally all site stormwater shall be piped to a sediment/silt arrester pit that drains to an infiltration area with a minimum 5 m2 base area. An overflow pipe shall be provided from the silt arrestor pit to drain to Council's kerb and gutter.

 

The location and details of the proposed internal stormwater pipelines, silt arrestor pit and the infiltration area shall be submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the plans shall be forwarded to Council, prior to a construction certificate being issued, if Council is not the certifying authority.

 

Notes:

 

a.   The sediment/silt arrestor pit shall be constructed:-

 

i.        within the site at or near the street boundary.

ii.       with a child proof and corrosion resistant fastening system (e.g. spring loaded jay-bolt).

iii.       with a minimum of 4 x 90 mm diameter weep holes (preferably located in the walls of the pit at the floor level) and with a suitable geotextile material with a high filtration rating located around the weep holes.

iv.      with the pit floor being a minimum 300mm below the invert level of the outlet pipelines.

v.       with a galvanised heavy duty screen (Lysaght RH3030 Maximesh or similar) located over the outlet pipes draining to the infiltration pit and the kerb. (Similar to a Mascot GRC stormwater discharge control pit, product code DS3SDC).

 

b.   The infiltration/rubble pit shall:-

  

i.        have a minimum 300 mm of soil cover (600 mm where the pit is located under a garden/landscaping area).

ii.       be located a minimum of 3.0 metres from the dwelling or other structure (closer if a structural engineer certifies that the infiltration area will not adversely affect the structure) and 2.1 metres from the adjacent side or rear boundaries.

iii.       be constructed with a minimum 200 mm thick layer of 20 mm basalt/blue metal (or similar) that is wrapped in a suitable geotextile material covering with a high filtration rating (Geofabrics Bidim "A" range of filtration fabrics or equivalent). A suitable means of dispersing the stormwater over the area of infiltration is to be constructed.

Note:  other equivalent methods of infiltration may be adopted.

iv.      have a minimum base area of  5.0 square metres (m2).

 

The outlet from the silt arrestor pit to the infiltration area shall be located at least 50 mm below the outlet from the silt arrestor pit to the kerb and gutter.

 

c. The requirement for an infiltration/rubble pit will not be enforced should the underground soil conditions preclude the construction of the infiltration pit (eg rock is located within 300 mm of the base of the infiltration area). If the infiltration/rubble pit is not constructed then all site stormwater shall be discharged to the kerb and gutter via a sediment/silt arrestor pit (as detailed in note a. above).

 

      All works shall be to the satisfaction of the certifying authority.

 

d. The overflow pipe/s from the rainwater tank/s shall be directed into the infiltration area.

 

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

 

Notes:

 

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

 

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

 

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

 

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

 

64.     Landscaping at the site shall be installed in accordance with the Landscape Plan prepared by William Dangar & Associates, drawing number LP01 – 0909, Issue 01, revision A, dated April 2009 and stamped 11th May 2009, prior to the issue of a Final Occupation Certificate, with a certificate confirming compliance from a qualified Landscape Designer/Architect who is a registered member of either AILDM or AILA to be submitted to, and be approved by, the PCA.

 

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

 

Tree Management

 

66.     The applicant shall submit a total payment of $107.25 (including GST), being the cost for Council to supply and install 1 x 25 litre street tree, Agonis flexuosa (Willow Myrtle), on the French Street nature strip, near the western site boundary, upon completion of all site works.

 

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

 

The applicant must contact Council’s Landscape Development Officer on 9399-0613, giving at least four working weeks notice, to arrange for planting of the new street tree.

 

67.     Approval is granted for the removal of all existing vegetation within the site, subject to full implementation of the approved landscape plan:

 

·        All vegetation within the front setback, in the terraced gardens between the front (southern) boundary and existing dwelling, due to their small size and general insignificance;

 

·        One Washintonia robusta (Washingtonia robusta) in the rear yard, about halfway along the length of the eastern boundary, in order to accommodate the new planting and associated works as shown;

 

·        All other perimeter vegetation around the rear yard, as they were all observed to be insignificant, and too small for the provisions of Council’s Tree Preservation Order (TPO).

 

Tree Protection Measures

 

68.     In order to ensure retention of the Araucaria heterophylla (Norfolk Island Pine) located beyond the western boundary, within the front yard of the adjoining property to the west, 30 French Street, close to the common boundary in good health, the following measures are to be undertaken:

 

a.       All detailed architectural, building, demolition, engineering (structural, stormwater & drainage, services), and landscape documentation submitted for the construction certificate application must show the retention of this neighbouring tree, with the position and diameter of its trunks, together with the extent of its canopy to be clearly shown on all drawings.

 

b.       Any roots encountered during either the demolition of existing structures, or construction of new retaining walls associated with the reconfigured pedestrian entry must be cut cleanly by hand, and the affected areas backfilled with clean site soil as soon as practically possible.

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

·      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.

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 August 2009

 

 

 

Development Application Report No. D45/09

 

 

Subject:                  10 Eurimbla Avenue, Randwick

Folder No:                   DA/267/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Alterations and additions to an existing semi-detached dwelling and change of use to a health consulting room.

 

Ward:                      West Ward

 

Applicant:                Lacoste & Stevenson Architects Pty. Ltd.

 

Owner:                         Benathon Pty. Ltd.

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan


1.      Executive Summary

 

The subject application is for alterations and additions to an existing semi-detached dwelling and change of use to a health consulting room. The application is referred to the Planning Committee Meeting for determination at the request of Councillors Stevenson, Procopiadis and White.

 

The subject site is located on the western side of Eurimbla Avenue and has a frontage width and land area of 6.706m and 215m2 respectively. The site is adjoined by semi-detached dwellings to the north, south and west.

 

The application was notified from 13 to 27 May 2009 to 24 adjoining and nearby properties in accordance with the ‘DCP – Public Notification of Development Proposals’ and Council Plans. A total of 6 submissions and a petition from 25 adjoining and nearby properties were received at the conclusion of the public consultation process. The issues raised included traffic and parking generation, noise, security, and inconsistency with the existing residential character of the street.

 

The proposed land use is defined as a health consulting room under RLEP 1998 and is permissible with development consent. The proposal complies with the landscaped area, FSR and building height development standards stipulated in the LEP.

 

The development scheme will maintain the form, configuration and character of the existing semi-detached building, and is not considered to result in detrimental impacts on the streetscape.

 

The proposed health consulting room will operate during the daytime hours on weekdays only. There will be no operational or traffic noise impacts during night time and the weekends. The consulting room is proposed to operate on a by-appointment basis. There will only be one medical practitioner present at the premises at any one time. It is considered that the premises will not accommodate a large number of patients or visitors at any single time, and will not result in unreasonable amenity impacts on the neighbours.

 

The development provides for 1 car space in the form of a single carport to the front of the building. Under the Parking DCP, a total of 2 spaces are required and the proposal will result in a shortfall of 1 car space. Notwithstanding, it is considered that the shortfall is minor in nature and specific conditions have been recommended to minimise potential traffic and parking impacts on the surrounding road network.

 

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

 

The proposed development satisfies the relevant legislation, State policies and Local planning controls, and is recommended for approval subject to conditions.

 

2.      The Subject Site and Surrounding Area

 

The subject site is described as Lot 1 in DP 300666, No. 10 Eurimbla Avenue, Randwick. The site is located on the western side of Eurimbla Avenue and is rectangular in configuration. The site has a frontage width of 6.706m, side boundary depth of 33.528m and land area of 215m2. At present, the site is occupied by a single-storey semi-detached dwelling with a single carport to the front. Vehicular access is obtained via a crossing off Eurimbla Avenue.

 

The site is adjoined to the north by a single-storey semi-detached dwelling (No. 8). To the south of the site is a part one- and part two-storey semi-detached dwelling (No. 12). Both properties are provided with a single carport to the front. Eurimbla Avenue is predominantly characterised by a mixture of detached and semi-detached residential developments. The rear boundary of the site also adjoins a semi-detached dwelling. The Prince of Wales Hospital complex is located to the east of the site fronting High and Avoca Streets.

 

 

Figure 1 Aerial view of the subject site and surrounding built environment

 

 

Figure 2 Street elevation of the subject semi-detached dwelling

Figure 3 Northern boundary of the subject site as viewed from the rear garden area; the existing semi-detached dwelling is seen on the right hand side of the photograph

 

Figure 4 Existing rear courtyard area of the subject site

Figure 5 Front garden area of the subject site (left) and existing carport on the adjoining property at No. 8 Eurimbla Avenue

 

3.      The Proposal

 

The proposed development includes the following components:

 

·      Reconstruction of the rear section of the existing dwelling house.

·      Changes to window and door openings.

·      Replacement of existing window frames and glazing.

·      Alterations to the internal floor layout.

·      Construction of a new single carport to the front of the dwelling.

·      Change of use to a health consulting room with the following operational characteristics:

-        Hours and days of operation: 8am to 6pm, Monday to Friday

-        Staffing: 1 medical practitioner plus 1 support staff

-        Booking arrangement: by appointment only

 

The premises will contain the following floor space elements:

 

·      1 x consultation room

·      1 x examination room

·      1 x store room

·      Reception and waiting areas

·      Amenities

 

4.      Site History

 

4.1    Previous development application relating to the site

DA/479/2008

Alterations and first floor additions to the existing semi-detached dwelling, and change of use to health consulting rooms. The operational details are as follows:

 

Staff: 3 x health providers + 3 x secretarial staff

Hours: 7am to 8pm (all days)

 

The application was refused by Council under delegated authority on 8 January 2009. The reasons for refusal are extracted below:

 

1.  The proposed development is not consistent with Clauses 10(1)(a) and 10(1)(d) of the Randwick Local Environmental Plan 1998 in that the development will not maintain the character of the established residential area and will result in an activity which will adversely affect the amenity of the adjoining and nearby residents and the environment of the locality.

2.  The proposed development does not comply with the requirements of Part 2.3 of the DCP – Parking in that the proposal does not provide for sufficient numbers of parking spaces required for the use of the subject premises as a health consulting room. 

3.  The proposed development does not comply with the objectives, performance requirements and preferred solution of Part 4.5 “Visual and Acoustic Privacy” of the DCP – Dwelling Houses and Attached Dual Occupancies insofar as the proposed first floor addition to the existing dwelling does not provide adequate levels of privacy to the surrounding properties with particular regard to the size and location of the proposed first floor verandah.

 

4.2    Plan amendments

A request was made on 25 May 2009 for the submission of amended plans and additional information, including operational details of the health consulting premises and confirmation of any demolition or rebuilding of party walling between Nos. 10 and 12 Eurimbla Avenue. 

 

Additional information and revised drawing were submitted on 27 May and 23 June 2009 respectively. The documentation has addressed Council’s concerns and is considered to be satisfactory.

 

5.      Community Consultation

 

The subject application was notified from 13 to 27 May 2009 to 24 adjoining and nearby properties in accordance with Development Control Plan – Public Notification of Development Proposals and Council Plans. The following submissions were received at the conclusion of the public consultation process:

 

·      55 Botany Street, Randwick

·      57 Botany Street, Randwick

·      59 Botany Street, Randwick

·      8 Eurimbla Avenue, Randwick

·      12 Eurimbla Avenue, Randwick

·      16 Eurimbla Avenue, Randwick

·      Petition from 25 adjoining and nearby properties

 

The issues raised in the submissions are addressed as follows:

 

Issues

Comments

The subject application has not specified the proposed hours and days of operation.

The applicant has confirmed that the proposed operation hours are 8am to 6pm, Monday to Friday.

The proposed medical practice should have its trading hours limited to 9am to 5pm, Monday to Friday, in order to minimise parking congestion in Eurimbla Avenue.

The proposed operation hours are considered appropriate and will not result in significant impacts on the parking condition in Eurimbla Avenue.

 

The proposal would result in noise emission that adversely impacts on the neighbours.

The proposed medical practice will operate during the daytime hours on weekdays only. Specific conditions are also recommended to ensure the premises will not generate an offensive noise. Therefore, the proposal is not considered to result in unreasonable noise impacts on the locality, subject to the aforementioned conditions. Also refer to discussion under the “Environmental Assessment” section of this report.

The premises should only have a small and non-illuminated sign.

A specific condition is recommended to require a separate development application for any business identification signs be submitted to Council for approval, with the exception of those, which are identified in the DCP – Exempt and Complying Development.

A new sewage line should be constructed to service the medical practice.

Given the limited extent of building works involved, the construction of a new sewage line is not deemed necessary in this instance. However, a standard condition is recommended to ensure the building works comply with the requirements of the Sydney Water Corporation.

The common wall between Nos. 10 and 12 Eurimbla Avenue should be retained. No agreement has been granted by the owner of No. 12 to demolish the above party wall.

The applicant has submitted amended plans that clearly show the retention of the existing party wall between Nos. 10 and 12 Eurimbla Avenue.

 

The proposal does not provide sufficient on-site parking to support the medical practice. The development does not comply with Council’s Parking DCP and will result in traffic congestion and noise in Eurimbla Avenue.

The proposed health consulting premises will accommodate only 1 medical practitioner. The premises will be operated on a by-appointment basis only. Council’s development engineer has assessed the proposal and raised no objections on parking or traffic grounds, subject to specific conditions.

 

It is considered that the proposal will not generate a substantial amount of traffic in the surrounding road network and unacceptable noise impacts.

The premises contain 3 rooms, which could be used by additional practitioners. 

The proposal includes a consultancy room, an examination room and a store room. There will be space for medical consultation by one practitioner only. A specific condition is recommended to ensure the premises are used in accordance with the functions nominated on the drawings.

The proposal would result in security problems for the neighbours.

The proposal will continue to provide casual surveillance for Eurimbla Avenue and is considered satisfactory in this regard.

The development is not consistent with the residential character of Eurimbla Avenue and would result in pollution.

The proposed works will retain the existing front façade and roof form of the building. The development is not considered to detrimentally impact on the existing residential character or result in unreasonable noise or air pollution.

 

6.      Technical Officers Comments

 

6.1    Development Engineer

The subject application has been referred to Council’s Development Engineer for assessment. No objections were raised against the proposal, subject to specific conditions of consent. The comments provided are extracted under the “DCP - Parking” section of this report.

 

6.2      Building Surveyor

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

 

BCA Building Classification

Class -      5      (Health consulting rooms)

 

Description of the Building

In summary, the building incorporates:

§  A ‘rise in storeys’ of one

§  Masonry walls, tiled roof and timber floors

§  One commercial tenancy at ground floor level

§  Side boundary building setbacks of approximately 1300mm and nil.

 

Background

The existing building on site is a single storey dwelling bounded by buildings of a similar nature and other health consulting premises.

 

Key Issues

 

Building Code of Australia (BCA):

Details of compliance with BCA and fire safety provisions are not included in the DA documentation and therefore further detailed information would need to be incorporated in the documentation for a construction certificate.

 

Access for people with a disability:

The existing building does not satisfy the current BCA requirements and Disability Discrimination Act (D) objectives, in relation to access and facilities for people with a disability.

 

It is acknowledged that full compliance with the BCA may be difficult, impractical and or onerous to achieve, however, it is considered that the building could be upgraded to provide reasonable levels of access and facilities for people with a disability.

 

In this regard, access for people with a disability should be provided to the ground floor and sanitary facilities for people with a disability should also be provided to the development to a reasonable level.

 

Standard conditions could be included to address these requirements.

 

The applicant or other person having the benefit of the consent is also advised to fulfill their obligations under the DDA.

 

Site Management:

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

 

7.      Master Planning Requirements

 

Clause 40A(1) of Randwick Local Environmental Plan 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 215m2 and a master plan is not required.

 

8.      Relevant Environmental Planning Instruments

 

8.1    Randwick Local Environmental Plan (RLEP) 1998

The site is located within Zone No. 2A (Residential A Zone) under Randwick Local Environmental Plan 1998. The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of Residential 2A Zone, in that the development will substantially retain the existing building fabric and the residential character of Eurimbla Avenue.

 

The following clauses apply to the proposed development:

 

·      Clause 31 Landscaped area

Clause 31(1) stipulates that a minimum of 40% of the site is to be reserved as landscaped area.

 

The proposal will reserve 87m2 or 40.5% of the site as landscaped area, and complies with the LEP development standard. The development scheme will improve the functionality of the rear private open space by providing a new timber deck, retaining wall and seating. Therefore, the proposal is considered to be satisfactory having regard to the provisions of Clause 31.

 

·      Clause 32 Floor space ratios (FSR)

Clause 32(1) provides that the maximum FSR of developments within 2A Zone, with the exception of dwelling houses, is 0.5:1. The proposal involves the reconstruction of the rear section of the dwelling. There will be no change to the existing building footprint. The proposed GFA and FSR are 103.5m2 and 0.48:1 respectively, which comply with the LEP development standard.

 

·      Clause 33 Building heights

Clause 33 provides that the maximum and external wall heights of a building, other than a dwelling house, within Zone No. 2A are 9.5m and 7m respectively. The proposal will retain the existing hipped roof and gable of the semi-detached dwelling. There will be no change to the existing overall building height. The reconstructed rear section of the dwelling will have an external wall height of approximately 3.4m. Therefore, the proposal complies with the provisions of Clause 33.

 

8.2    Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The proposal is consistent with the general aims and zoning objectives of the draft LEP.

 

9.      Policy Controls

 

9.1    Randwick Development Control Plan (RDCP) – Dwelling Houses and Attached Dual Occupancies

Section 1.2 of the Dwelling Houses and Attached Dual Occupancies DCP states that it “applies to dwelling house development on land zoned Residential 2A, 2B or 2C under RLEP 1998 and to attached dual occupancy development on land zoned Residential 2A.”

 

The proposal is for alteration and addition works for the purposes of a health consulting room as defined in RLEP 1998. Therefore, the DCP does not strictly apply to the proposal. However, since the development relates to an existing semi-detached residential building, the key elements of the DCP are addressed under the “Environmental Assessment” section of this report, as they are a useful guide for assessing the compatibility of the proposal with the surrounding development.

 

9.2    Randwick Development Control Plan (RDCP) - Parking

The DCP specifies the parking rate for health consulting rooms as follows:

2 spaces per consulting room plus parking required for the dwelling

 

The proposal includes 1 consulting room with no residential component. Under the DCP, a total of 2 on-site car spaces are required. The proposal will result in a shortfall of 1 car space.

 

Council’s Development Engineer has assessed the proposal and provided the following comments:

 

Parking Comments

The submitted application would require 2 parking spaces to comply with Council’s DCP-Parking (2 parking spaces per consulting room). The applicant has submitted plans to show the existing 1 off street parking space to remain thus leaving a shortfall of 1 car space.

 

A site inspection shows Eurimbla Ave, along its western side, is mainly semi-detached dwellings with no off street parking spaces provided to dwelling numbers 14, 18, 20, 28, 32 & 36 and other dwellings with 2nd storey additions providing only one off-street parking space (No’s 12, 30, 58, 60 & 64). No 18 Eurimbla Ave has a second storey addition with no off-street car space.

 

Development Engineering considers the shortage of 1 space can be addressed by the inclusion of Condition No’s 1 – 4.

 

1.     All patients, other than emergency patients, shall make an appointment to see the health care provider concerned. At the time of making the appointment, the patient, carer or parent shall be informed that parking is also available in the Prince of Wales hospital complex and provide adequate information concerning its location. All patients, carers and parents are to be informed that parking is extremely limited in Eurimbla Avenue and that the Metro Parking facility at the Prince of Wales hospital complex is more convenient and should be utilised.

 

2.     The administration staff of the Health Consulting Room shall have prepared for distribution by e-mail, website and/or postage a map showing the location of the Metro Parking facility located in the Prince of Wales Hospital complex relative to the location of the consulting room. Such information is to be distributed verbally or in written form at the time an appointment is made.

 

3.     The one available off-street car space provided for the site shall be for the exclusive use of the patient/carer/parent during business hours.

 

4.     Prior to the issuing of an occupation certificate the applicant is to have installed, at the front of the site, signage similar to other health/medical business in Eurimbla Avenue, advising that parking is available in the Prince of Wales hospital complex.

 

It is noted that there is a high demand for kerb side parking in the subject locality. However, it is considered that the shortfall of 1 car space is minor in nature and the above recommended conditions will minimise traffic impacts on the locality. The refusal of the subject application solely based on the shortfall of one car space is considered to be unreasonable.

 

There are also public bus services along Avoca and High Streets, which offer alternative modes of transport for the staff and visitors.

 

Therefore, the shortfall in parking is considered acceptable, subject to the recommended conditions.

 

9.3    Randwick Section 94A Development Contributions Plan

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

$271,223

 

1.0%

$2,712.23

 

10.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

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

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

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

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

Not applicable.

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

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

 

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

 

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

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

The environmental impacts of the proposed development, which are otherwise not addressed in the previous sections of this report, are assessed in the paragraphs below.

 

The proposed development will retain the form and character of the existing semi-detached dwelling house. The proposal will provide health services to the local community and is not considered to result in detrimental social or economic impacts. 

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

The proposal is for a small-scale health consulting practice with minor alteration works to the existing semi-detached building. The proposed land use is not considered to result in significant amenity or traffic impacts on the locality, subject to the recommended conditions of consent. Therefore, the site is considered suitable for the development.  

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

The issues raised in the submissions have been addressed within the main body of this report.

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

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

 

Ecologically sustainable development

The proposed development will maintain a single-storey scale without increasing the overall height of the building. Accordingly, the proposal will not result in significant additional overshadowing on the adjoining properties.

 

Standard conditions are recommended to require the proposed building work to comply with the Building Code of Australia and incorporate suitable insulation measures to maximise energy efficiency.

 

Landscaped area

The proposed development involves reconstruction of the rear section of the dwelling as well as the front carport. There will be no material change to the existing building footprint and landscaped area provision. The development scheme will improve the functionality of the rear private open space by providing a new timber deck, retaining wall and seating. The proposal will comply with the LEP development standard and deliver a net improvement to the premises, and is considered satisfactory in this regard.

 

Built form and urban design

The proposal will maintain the existing footprint and overall height of the building. The configuration of the front façade, hipped roofing and gable will remain unchanged.

 

The existing carport will be replaced. The new carport will be of steel framed construction that has a light-weight appearance without solid enclosing walls. The carport structures will not significantly obscure the street façade.

 

The development scheme will maintain the form, massing and overall character of the existing semi-detached building and is not considered to result in detrimental impacts on the streetscape.

 

Privacy

The proposal includes minor changes to the existing window openings. A new pedestrian entry will be provided on the side façade of the building. Notwithstanding, an existing fence of approximately 1800mm in height is currently erected along the shared boundary between Nos. 8 and 10 Eurimbla Avenue, which will effectively obstruct direct lines of sight into the adjoining dwelling. Therefore, the proposal is considered satisfactory in this regard.

 


Noise

The submissions have raised concerns relating to potential noise impacts on the neighbours. However, the proposal is considered to be acceptable and will not result in detrimental amenity impacts based on the following reasons:

 

·      The proposed health consulting room will operate during the daytime hours (8am to 6pm) on weekdays only. There will be no operational or traffic noise impacts during night time and the weekends. A specific condition is recommended to restrict the operation hours to the above.

 

·      The building shares the same party wall with No. 12 Eurimbla Avenue. A standard condition is recommended to require all building work to comply with the Building Code of Australia, in order to ensure no unreasonable noise transmission will result from the development.

 

·      A further condition is recommended to ensure that the daily operation and all plant and machinery will not generate an offensive noise as defined in the Protection of the Environment Operations Act.

 

·      The health consulting room is proposed to operate on a by-appointment basis. There will only be one medical practitioner present at the premises at any one time. It is considered that the premises will not accommodate a large number of patients or visitors at any single time and consequently will not result in significant traffic or operational noise emission.

 

Safety and security

The development will not alter the configuration of the front façade. The building will continue to provide casual surveillance for Eurimbla Avenue.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:       Encourage and reward design excellence and sustainability.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives of RLEP 1998 and DCP - Parking, and will not result in significant adverse impacts on the amenity of the adjoining developments or the character of the locality. Accordingly, the proposed development is considered to be within public interest.

 

 

Recommendation

 

That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/267/2009 for alterations and additions to an existing semi-detached dwelling and change of use to a health consulting room, at No. 10 Eurimbla Avenue, Randwick, subject to the following conditions:

 

Conditions of Consent

 

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 following plans:

 

Plan Number

Dated

Received

Prepared By

0901 DA-100(C)

23.06.09

24 Jun 2009

Lacoste + Stevenson Pty. Ltd.

0901 DA-120(A)

05.05.09

7 May 2009

0901 DA-200(A)

05.05.09

7 May 2009

0901 DA-201(A)

05.05.09

7 May 2009

0901 DA-202(A)

05.05.09

7 May 2009

0901 DA-300(A)

05.05.09

7 May 2009

 

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

 

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 the Principal Certifying Authority prior to a construction certificate being issued for the relevant building works.

 

3.       The external materials, colours and finishes of the proposed works are required to match, as closely as possible, the existing building.

 

4.       Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

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

 

6.       Details are to be provided in the Construction Certificate application to demonstrate that the proposed works will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

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

 

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

 

9.       Any proposed fences located on the side or rear boundaries of the site shall not exceed a maximum height of 1800mm, measured above the existing ground levels.

 

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

 

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

 

10.     The hours of operation of the subject health consulting premises are restricted to: 8am to 6pm, Monday through to Friday inclusive only. The premises shall not be opened to the patients/visitors outside the above approved operation hours.

 

11.     A maximum of one (1) medical practitioner may operate in the premises at any one time.

 

12.     The function of the individual rooms within the proposed health consulting premises shall be consistent with the approved drawings, and shall not be converted in any manner to allow the concurrent operation of more than one (1) medical practitioner.

 

13.     Development consent from Council must be obtained prior to the erection of any advertising or business identification signs, with the exception of those that are described in Council’s Development Control Plan – Exempt and Complying Development, or otherwise permitted under this Consent.

 

14.     No goods, machinery or advertising signs (including A-frame signs) are to be placed on Council’s footway at any time.

 

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

 

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

 

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

 

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

 

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

 

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

 

16.     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

$271,223

1.0%

$2,712.23

                      

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:

 

17.     In all new and upgraded building work, the consumption of water shall be minimised by the use of triple A rated water efficient plumbing fixtures (taps and shower roses) and water efficient dual flush toilets.  Details of compliance are to be noted in the construction certificate plans or specifications.

 

18.     In all new and upgraded building work, external timber or metal framed and brick veneer walls and roofs are to be provided with insulation (i.e. bulk insulation and a reflective building membrane/reflective sarking/foil insulation), having a minimum total thermal resistance R–value of 3.0 in roofs and 1.5 in external walls.  The insulation and reflective building membrane is to be installed in accordance with the relevant requirements of the Building Code of Australia and the manufacturers details.

 

Details of compliance with the requirements for insulation are to be included in the construction certificate application.

 

19.     In all new and upgraded building work, hot water service pipes are to be provided with insulation and must also satisfy any relevant requirements of Building Code of Australia and AS 3500.

 

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:

 

20.     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.

 

21.     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 and to provide for reasonable levels of safety and amenity:

 

Regulatory

 

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

 

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

 

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

 

24.     Prior to the commencement of any building works (including fit-out works), a construction certificate must be obtained from the Council’s Building Certification Services or an Accredited Certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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.

 

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

 

i)      appoint a Principal Certifying Authority, and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

30.     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.

 

31.     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.

 

Fire safety

 

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

 

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

 

1)    Provide illuminated exit signs to the premises, in accordance with clause E4.5 & E4.8 of the BCA,

 

2)    Provide suitable portable fire extinguishers and fire blankets within the building  adjacent to the kitchen area and in the store room, in accordance with clause E1.6 of the BCA,

 

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

 

33.     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.

 

Building & demolition works

 

34.     A 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 additional or altered structural loads.

 

35.     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.

 

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

 

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Code of Practice and Guidelines

·           Australian Standard 2601 (2001) – Demolition of Structures

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

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

 

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

 

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

 

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

 

b)     A Demolition Work Plan must be developed and implemented in accordance with Australian Standard AS 2601-2001, Demolition of Structures.

 

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

 

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

 

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

 

38.     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.

 

39.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

f)      Public safety must be maintained at all times and public access to demolition/building works, materials and equipment on the site is to be restricted. If required, a temporary 1.8m high safety fence or hoarding is to be provided to protect the public, located between the work site and the public place. An awning may also be required to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

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

 

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

 

If it is proposed to locate any hoardings, site fencing or amenities upon any part of the footpath, nature strip or any public place, the written consent from Council’s Health, Building & Regulatory Services department 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.

 

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

 

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

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

·       Placement of a waste skip or any other container or article on the road, footpath or nature strip.

 

The following conditions are applied to satisfy the relevant pollution control criteria and to maintain reasonable levels of health, safety and amenity to the locality:

 

41.     The use and operation of the premises shall not give rise to an environmental health or public nuisance, vibration or, result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A).  The source noise level shall be assessed as an LAeq, 15 min and adjusted in accordance with the NSW Environmental Protection Authority’s Industrial Noise Policy 2000 and Environmental Noise Control Manual (sleep disturbance).

 

Access & Facilities

 

The following condition is applied to provide appropriate access and facilities to the premises:

 

43.     Access and facilities for people with disabilities must be provided to new building work in accordance with any 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

 

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

 

44.     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.

 

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 and details of the proposed waste collection and disposal service are to be submitted to Council prior to commencing operation of the business.

 

The operator of the business must also arrange for the recycling of appropriate materials and make the necessary arrangements with an authorised waste services contractor accordingly.

 

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

 

45.     All patients, other than emergency patients, shall make an appointment to see the health care provider concerned. At the time of making the appointment, the patient, carer or parent shall be informed that parking is also available in the Prince of Wales hospital complex and provide adequate information concerning its location. All patients, carers and parents are to be informed that parking is extremely limited in Eurimbla Avenue and that the Metro Parking facility at the Prince of Wales hospital complex is more convenient and should be utilised.

 

46.     The administration staff of the Health Consulting Room shall have prepared for distribution by e-mail, website and/or postage a map showing the location of the Metro Parking facility located in the Prince of Wales Hospital complex relative to the location of the consulting room. Such information is to be distributed verbally or in written form at the time an appointment is made.

 

47.     The one available off-street car space provided for the site shall be for the exclusive use of the patient/carer/parent during business hours.

 

48.     Prior to the issuing of an occupation certificate the applicant is to have installed, at the front of the site, a sign advising that parking is available in the Prince of Wales hospital complex. The above sign is to be non-illuminating and has a size of not more than 0.5m2. The design, material and colouring of the sign shall be compatible with the residential character of Eurimbla Avenue.

 

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

 

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

 

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

 

51.     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.

 

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

 

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

 

53.     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.

 

54.     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:

 

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

 

In this regard, the development consent plans do not show compliance with the deemed-to-satisfy provisions of the BCA. Details of compliance with the relevant provisions of the Building Code of Australia and conditions of development consent are to be provided in the plans and specifications for the construction certificate.

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

11 August 2009

 

 

 

Development Application Report No. D46/09

 

 

Subject:                  272 Arden Street, Coogee

Folder No:                   DA/160/2009

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Ground and first floor alterations and additions to the existing dwelling including the provision for and operation of dental health consulting rooms. (SEPP 1 minimum Landscaping and maximum FSR)

 

Ward:                      East Ward

 

Applicant:                S Pyke

 

Owner:                         S Pyke

 

Summary

Recommendation:     Approval.

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

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North

Locality Plan

1.Executive Summary

 

The application details alterations and additions to the existing dwelling to provide for dental health consulting rooms for two practitioners. The premises is within a 2C Residential zone and the use is permissible with consent.

 

The application is referred to the Planning Committee for determination as the application includes SEPP 1 Objections with respect to non compliance with minimum landscaping and maximum floor space ratio controls in the Randwick Local Environmental Plan in that the provided landscaped area is 20% less than the minimum and the floor space ratio exceeds the control by 40%.

 

The main issue is the parking demand generated by the proposed use of the building for health consulting rooms and the ability of the existing on street parking to accommodate the parking demand given that there is no off street parking to this site.

 

The application is recommended for approval.

 

2.    The Proposal

 

The application details alterations and additions to the existing dwelling including an addition to the rear and demolition of internal walls to provide for an open plan family, kitchen and dining area and the conversion of the front portion of the dwelling into two health consulting rooms, reception and waiting areas for two dental practitioners. An addition to the existing upper level will provide for a new master bedroom suite, bathroom, the reconfiguration of the existing upper floor plan and new rear balcony. Overall the development will provide for 74m of additional floor area to the building. No hours of operation are nominated by the applicant and are imposed by a recommended condition.

 

3.    State Environmental Planning Policy No.1 – Development Standards

 

Clause 31 Landscaped area

Development, other than for the purpose of a dwelling house within a 2C zone must provide for a minimum of 50% of the total site area as landscaped area. The proposal provides for 40% of the site area as landscaping which does not comply with the minimum standard in this control and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance is unnecessary and unreasonable. In assessing the applicant’s SEPP No. 1 objection the following matters must be addressed:

 

a)      Whether or not the planning control is a development standard

The minimum landscaping controls in question is a development standard contained in the Randwick LEP 1998, and is not expressed as a prohibition.

 

b)      The underlying object or purpose of the standard

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

 

"to establish minimum requirements for the provision of landscaping to soften the visual impact of development, assist in the reduction of urban runoff and provide adequate areas of open space for recreational purposes”.

 

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

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

It improves amenity for occupants whilst not adversely affecting the character of the locality and residential amenity of neighbouring properties.

 

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

 

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

 

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

 

“to encourage:

 

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

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

 

The variation from the prescribed minimum landscaping area is consistent with the aims of the SEPP No.1 and would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and economic development of the subject land.

 

d)      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

It is considered that a development compliant with the prescribed minimum landscaping area would be unnecessary and unreasonable for the subject site for the following reasons:

 

·      It would restrict the reuse of an existing older building where the existing constraints of the site make compliance with the minimum landscaping almost impossible.

 

·      The resultant area of outdoor living space provides for a reasonable area of private outdoor recreation for the occupants, particularly as the outdoor living area is within the rear yard.

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets the purpose of Clause 31 in relation to landscaping.

 

e)      Whether the objection is well founded.

It is considered that the SEPP 1 objection is well founded and should be supported having regard to the fact that overall the objectives and purpose of this clause remain satisfied and there will not be any significant impact upon the amenity of the occupants and their needs for a reasonable area of outdoor recreation.

 

Clause 32 Floor Space Ratios

The maximum floor space ratio for buildings other than dwellings in 2C zones, where the site is less than 700m, is 0.65:1. The proposed building will result in a floor space ratio of 0.9:1, which exceeds this control by 40% and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance with the floor space ratio controls are unnecessary and unreasonable. In assessing the SEPP 1 Objection the following matters must be addressed.

 

a)      Whether or not the planning control is a development standard

The floor space ratio control in question is a development standard contained in the Randwick LEP 1998, and is not expressed as a prohibition.

 

b)      The underlying object or purpose of the standard

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

 

"to establish reasonable upper limits for development in residential, business, industrial and special 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”.

 

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

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

The resultant floor space ratio of the building will not adversely affect the character of the locality and residential amenity of neighbouring properties.

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

The variation from the prescribed maximum floor space ratio is consistent with the aims of the SEPP No.1 and would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and economic development of the subject land.

 

d)      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

It is considered that a development compliant with the prescribed maximum floor space ratio would be unnecessary and unreasonable for the subject site for the following reasons:

 

·      The floor space ratio of the building is not out of character with the established bulk and scale of the immediate locality which includes numerous examples of similar two storey buildings and two and three storey multi unit housing development.

 

·      It would preclude the redevelopment of an existing building.

 

·      The bulk and scale of the building will not result in any significant amenity impacts upon the adjoining properties.

 

In view of the above it is considered that the compliance with the development standard is unreasonable or unnecessary in the circumstances of the case as the proposal meets the purpose of Clause 32 (2).

 

e)      Whether the objection is well founded.

It is considered that the SEPP 1 objection is well founded and should be supported as the floor space ratio of the building will not be visually intrusive in the existing setting nor detrimentally affect the amenity of adjoining and surrounding properties and as stated by the applicant in their objection is consistent with the immediate surrounding development.

 

4.    The Subject Site and Surrounding Area

 

The subject site is on the western side of Arden Street and has a frontage of 7.77m, a depth of 36.575m and area of 286m. On site at present there is an existing two storey terrace style dwelling and outbuilding within the rear yard.

 

The locality is primarily residential in nature and contains a mixture of semi detached and free standing dwellings and multi unit housing development. The site is also adjacent to the Coogee Local Business area and a neighbourhood business strip in adjacent Havelock Avenue.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification. No submissions have been received.

 

6.    Technical Officers Comments

 

The application has been referred to the Council’s Development Engineer Coordinator for comment with respect to the submitted Traffic and Parking Study and the Manager of Health, Building and Regulatory Services in relation to any required fire safety upgrading necessary to the building. Comments and conditions have been provided for inclusion with any consent granted.

 

7.    Relevant Environmental Planning Instruments

 

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

 

Randwick Local Environmental Plan 1998

The site is zoned 2C under Randwick Local Environmental Plan 1998 and the proposed use is permissible with Council’s consent. The following Clauses of the LEP 1998 apply to the proposal:-

 


Clause 31 Landscaped area

Development, other than for the purpose of a dwelling house within a 2C zone must provide for a minimum of 50% of the total site area as landscaped area. The proposal provides for 40% of the site area as landscaping which does not comply with the minimum standard in this control and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance is unnecessary and unreasonable and is discussed above in Section 3.

 

Clause 32 floor space ratios

The maximum floor space ratio for buildings other than dwellings in 2C zones, where the site is less than 700m, is 0.65:1. The proposed building will result in a floor space ratio of 0.9:1, which exceeds this control by 40% and a SEPP 1 Objection has been lodged by the applicant arguing that strict compliance with the floor space ratio controls are unnecessary and unreasonable. Discussion of the SEPP 1 Objection is detailed in Section 3 above.

 

Clause 33 Building Heights

The maximum height for a building other than a dwelling within a 2C zone is 12 metres measured vertically from any point on ground level. The maximum height of the new portion of the building is 7m which satisfies the maximum height control in Clause 33.

 

8.    Environmental Assessment

 

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

 

Building setbacks

There is no change to the existing front setback of the dwelling and the rear setback is 12m, which provides of a substantial separation between this subject building and the property to the rear in Waltham Street. With respect to the side boundary setbacks the addition is setback up to both side boundaries at ground level and up to 900mm from the side boundaries within the upper level.

 

In the context of the existing extent of wall upon the side boundaries there will not be any additional impacts upon the amenity of the adjoining property to the north as there is already a wall to that dwelling upon the side boundary. To the south the additional length of wall is only 2m more than the existing wall of the dwelling. It is considered that this additional length of wall upon the boundary will not result in any significant impact upon access to day light and fresh air to the adjoining residential flat buildings. Similarly the upper level setbacks will also not result in any significant impact to the dwelling to the north because of the location of an existing wall to the side boundary of that dwelling, and the setback to the southern boundary will not restrict access to daylight and fresh air to the residential flat building to the south.

 

Privacy

There will not be any significant impact upon the existing levels of privacy to the adjoining properties as the upper level windows serve a bedroom and bathroom within the southern elevation, and the only new window to a room within the northern elevation is of high light style and faces the blank wall of the adjoining dwelling anyway. With respect to the new rear balcony there are 1.8m high privacy screens proposed to each side which will restrict overlooking into the adjoining properties.

 

Solar Access and Energy Efficiency

There will be no significant reduction in sunlight to the private open space and north facing living area between 9.00am to 3.00pm and there will be no impact to solar collectors on adjacent buildings. With respect to north facing windows and living areas of the adjoining property to the south, there will be some additional overshadowing to the north facing windows in the adjoining residential flat building. The additional overshadowing arises because of the orientation of the site and is unavoidable and it is considered unreasonable to refuse the application because of this.

 

DCP – Parking

Under the Parking DCP there is a requirement for 2 spaces per health consulting room, which in this case requires 4 parking spaces being provided. The subject site has no off street parking and no possibility of providing any off street parking because of the position of the building and constraints of the site.

 

The applicant has provided a detailed Traffic Parking Study from a qualified Traffic Engineer. This report has been considered by Council’s Development Engineer and advice is provided that based on the parking assessment report submitted the proposed use can be supported. It has been demonstrated in the study that there are on street parking spaces in the vicinity of the site which are available for use by patients. These spaces are time restricted and this will assist in the turnover of parking and availability of the spaces. The site is also relatively well served by public transport.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:          A strong local economy.

                       Excellence in urban design and development.

Direction:                  The proposal, in providing for a commercial use will facilitate the provision of services to the community as well as the growth of local businesses.

                            Improved design in sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed conversion of the building into health consulting rooms satisfies the relevant assessment criteria and will not result in any significant impact upon either the amenity of the adjoining residents or the locality in general.

 

 

Recommendation

 

A.       That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clauses 31 & 32 of the Randwick Local Environmental Plan 1988, relating to landscaping and floor space ratio, on the grounds that the proposed development is consistent with the objective of the clauses and will not adversely affect the amenity of the surrounding locality and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/1602/2009 for permission carryout alterations and additions to the existing building to provide for the operation of dental health consulting rooms at 272 Arden Street Coogee  subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered 7/09, dated 16/2/2009 and received by Council on the 12th March 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 are to be compatible with the existing building and 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.       Metal roof sheeting is to be pre-painted (e.g. colourbond) and form part of the colour scheme and external finishes for the development.

 

4.       There must be no encroachment of the structures onto the adjoining properties and the property boundaries are to be established on site prior to the commencement of building works.

 

5.       The hours of the health consulting rooms are restricted to 8.30am to 6.00pm, Monday to Friday.

 

6.       There shall be no more than 2 practitioners providing dental services at the subject premises.

 

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

 

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

 

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

 

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

 

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

 

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

 

8.       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

$ 320 000

1.0%

$ 3 200.00

 

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.

 

9.       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.

 

10.     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.

 

11.     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)

 

12.     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:

 

13.     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.

 

14.     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:

 

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

 

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

 

16.     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).

 

17.     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.

 

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

 

18.     Prior to the commencement of any building or ‘fit-out’ 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 workand notify the Principal Certifying Authority and Council accordingly in writing, and

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

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

 

19.     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.

 

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

 

20.     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.

 

21.     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.

 

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.

 

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.

 

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.

 

22.     Prior to an occupation certificate being issued for the development a report is to be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from the development satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW EPA/DECC Noise Control Manual & Industrial Noise Policy, Council’s conditions of consent (including any relevant approved acoustic report and recommendations), to the satisfaction of Council.  The assessment and report must include all relevant fixed and operational noise sources and a copy of the report must be included in the occupation certificate documentation.

 

23.     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.

24.     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 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.

 

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

 

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

 

2)     Any residential parts 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.

 

3)     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.

 

26.     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 bas 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.

 

27.     Except with the written approval of Council’s Manager of Health, Building & Regulatory Services, all building, demolition and associated site works (including site deliveries) must only be carried out between the hours of 7.00am to 5.00pm on Monday to Friday inclusive and (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 the like is restricted to the hours of 8.00am to 5.00pm (maximum) on Monday to Friday only.

 

28.     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):

 

a)     The demolition of buildings 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.

 

b)     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:

 

·         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)

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

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

·         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.

 

c)     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”.

 

d)     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.

 

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

 

f)      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.

 

g)     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.

 

h)     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.

 

i)      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.

 

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.

 

Disabled access

 

29.     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

 

30.     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.

 

31.     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.

 

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.     A 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 upper floor addition.

 

33.     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.

 

34.     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.

 

35.     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.

 

36.     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.

 

37.     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.

 

38.     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.

 

39.     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.

 

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

 

41.     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.

 

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

 

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

 

a.       Building materials, sand, soil, waste materials, construction equipment 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 provide adequate provisions for access, transport and infrastructure:

 

44.     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.

 

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

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

 

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

 

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

 

47.     Stormwater runoff from the site shall be discharged to the kerb and gutter or drainage system at the front of the property in Arden Street. Should a charged system be required to drain any portion of the site, the charged system must be designed with suitable clear-outs/inspection points at pipe bends and junctions.

 

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

 

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

 

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

 

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

 

Tree Management

 

50.     Approval is granted for removal of the following vegetation as part of this application:

 

a.     All vegetation within the front portion of the site including one Tibouchina granulosa (Lasiandra) in the northern half of the site, and one Syagrus romanzoffianum (Cocos Palm) towards the southern half, as both are exempt from the provisions of Council’s Tree Preservation Order (TPO).

 

b.     One Corymbia citriodora (Lemon Scented Gum) in the rear yard, beyond the southwest corner of the existing dwelling, along the southern boundary, due to its poor health and condition, its inappropriate location close to the existing dwelling, as well as to accommodate the rear ground and first floor extensions as shown, which will occupy this area of the site;

 

c.     Immediately to the west of the tree described in point ‘b’ above, one small Plumeria acutifolia (Frangipani), and then further to the west, a row of three Syagrus romanzoffianum (Cocos Palms), as all are exempt from Council’s TPO.

 

Street Tree Protection

 

51.     In order to ensure retention of the recently planted Banksia serrata (Saw Toothed Banksia) and tree guard installed within Council’s Arden Street footpath, roughly halfway across the width of the site in good health, the following measures are to be undertaken:

 

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

 

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

 

c.       There must be no storage of materials or machinery or site office/sheds, nor is cement to be mixed or chemicals spilt/disposed of and no stockpiling of soil or rubble surrounding this tree/guard, within 1 metre of its trunk.

 

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

 

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

 

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

 

52.     In order to also ensure retention of (from east to west in the rear yard, along the northern boundary, beyond the northwest corner of the existing dwelling) one multi-trunk Archontophoenix cunninghamiana (Bangalow Palm), as well as the large, mature and significant Washingtonia robusta (Washington Palm), in good health, the following measures are to be undertaken:

 

a.       All documentation submitted for the construction certificate application must show the retention of both specimens, with the position and diameter of both of their trunks and canopy/crowns to be clearly shown on all drawings.

 

b.       The construction certificate plans will be required to clearly show that the soil levels in the existing garden bed that both palms are growing within along the northern boundary will be maintained, with details to be submitted showing that the new retaining wall will not encroach beyond the eastern edge of this existing garden area.

 

c.       Both palms are to be physically protected by the installation of 1.8 metre high steel mesh/chainwire fencing which shall extend from the northern boundary, along the eastern edge of this existing garden bed, then a minimum distance of 1.0 metre off the southern edge of both of their trunks, where it shall return a distance of 1.0 metre to the west of the trunk of the Washington Palm, matching up again with the northern boundary, in order to completely enclose both palms as one group for the duration of the works.

 

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

 

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

 

f.        Any roots encountered during excavations associated with the new retaining wall must be cut cleanly and the affected area backfilled with clean site soil as soon as practically possible.

 

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.

 

A5      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.

 

A6      Wherever practicable, in existing buildings, the levels of fire and occupant safety should be upgraded and details 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 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

 

 


Planning Committee

11 August 2009

 

 

 

Development Application Report No. D47/09

 

 

Subject:                  2 Second Avenue, Maroubra

Folder No:                   DA/61/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Construction of new garage with trafficable roof terrace to the front of property.

 

Ward:                      Central Ward

 

Applicant:                Mr L A Schetzer & Ms L Andelman

 

Owner:                         Mr L A Schetzer & Ms L Andelman

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.Executive Summary

 

The application is referred to the Planning Committee for determination at the request of Councillors Andrews, Smith and Seng.

 

The application details the construction of a new garage with trafficable terrace above, replacement of an existing front bedroom window into a door, and entrance steps to the front of the dwelling.

 

One (1) objection was received to the proposed development. The issues raised were in relation to solar access, loss of privacy, loss of views, storm water drainage, inconsistency with the existing established streetscape, aesthetics, floor space, and visual and acoustic impacts. 

 

It is noted that following consultation with Council, the applicants have amended the plans to indicate an overall height reduction of the garage by 500mm, and installation of open style aluminium handrails in lieu of timber batten balustrades. This is to minimise the overall impact of the garage in terms of bulk and scale, as well as maintain a generally open appearance to the trafficable garage roof terrace area.

 

It has been demonstrated in this report that the relevant objectives and performance requirements of the DCP have been achieved in that the proposed development will not result in any unreasonable adverse impacts on the amenity of the adjoining dwellings and the character of the locality.

 

The application is recommended for approval as it generally satisfies the requirements in the DCP.

 

2.    The Proposal

 

The application details the construction of a new garage with trafficable terrace above, replacement of an existing front bedroom window into a door, and entrance steps to the front of the dwelling. The proposed garage has a maximum height of 3.2m at the south eastern edge, adjacent to the four (4) storey residential flat building at no. 4 Second Avenue, and a width of 4.5m when viewed from Second Avenue.  

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the north eastern side of Second Avenue, on the corner of Second Avenue and Malabar Road. The subject site is of an irregular parallelogram shape and has a street frontage of 10.6m, a depth of 40m and an area of 490.2m², the site falls from the north west to the south east with a difference in levels of up to 1.5m. On site at present there is an existing two storey dwelling. The locality is residential in nature and contains a mixture of single and two storey dwellings, as well as a number of residential flat buildings.

 

 

 

 

 

 

 

 

 

 

 

 

Photographs of the site and surrounds

1. The subject dwelling (left) and adjoining residential flat building (right)

2. Dwelling located directly across the road from the subject site.

3. Similar structures on the street (northern side of Second Ave)

4. Similar structures on the street (southern side of Second Ave)

 

4.    Site History

There is no relevant history for the subject site.

 

5.    Community Consultation

The proposal has been notified in accordance with the DCP - Notification. The following submission was received:

 

5.1 Objections

 

Owner – 1/4 Second Avenue, Maroubra 2035

Issue

Comment

The Statement of Environmental Effects submitted by the applicant is inaccurate in portraying the potential impact of the proposal on the adjoining property.

Although the SEE accompanying the application is brief, the plans have been assessed in accordance with the relevant planning controls as outlined in the DCP for Dwelling Houses and Attached Dual Occupancies. Further, detailed site inspections have been carried out and the potential impacts of the development have been verified by Council’s Planning Officer and Development Engineers. 

 

Details of compliance with the DCP are provided in the main body of this report. Further, the applicant has submitted amended plans at the request of Council detailing changes which reduce the impact of the proposal on adjoining properties and the streetscape.

The proposal will result in unreasonable overshadowing (especially of an afternoon) to the front portion of the ground floor unit, front garden, and front veranda.

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

 

The applicant has submitted a shadow diagram indicating the overshadowing impact of the proposed single storey garage will not comply with the above requirements and the proposal will generate some unavoidable overshadowing to the adjacent property. However, the level of overshadowing as a result of this proposal does not warrant refusal of the application. Given the orientation of the site, and the single storey nature of the proposal, the shadows created by the proposed garage will not significantly exacerbate existing overshadowing conditions from the existing double storey dwelling on the subject site and the objector’s four (4) storey residential flat building at No. 4 Second Avenue. The front yard of No. 4 Second Avenue will still receive sunlight in the morning.

 

Further, the proposal complies with the minimum side setback of 900mm as prescribed by the DCP.

The trafficable terrace above the garage will completely compromise the privacy to the front veranda and outdoor recreation area on no. 4 Second Avenue.

The front yards of all dwellings are susceptible to some degree of overlooking. The front veranda of no. 1/4 Second Avenue is currently visible from the street and it is not reasonable to expect that privacy to a front yard already visible to passing pedestrians is maintained. Further, there is existing vegetation to the front yard of no. 4 Second Avenue which partially screens the proposed terrace from the objector’s front yard.

The proposed stormwater drainage plan is inadequate and will result in water running from the subject site to no. 4 Second Avenue, causing safety concerns.

Relevant conditions of consent have been included in this report to address drainage issues and ensure that the proposal does not compromise the safety of the subject site and surrounding properties/residents. 

The bulk and scale created by the proposal is inconsistent with the existing character and development of the street.

A detailed site inspection had revealed that there are a number of dwellings along the street with similar garages with trafficable roofs to the front (refer to photographs above). The proposal is consistent with the dominant existing established streetscape and surrounding development and is therefore considered to satisfy the objectives of the DCP for Dwelling Houses and Attached Dual Occupancies.

The application will set an undesirable precedent for future development on the street as the street is generally cohesive in appearance and no other dwellings have garages to the front property boundary.

See assessment above.

Use of the existing rear pool of the subject site causes noise disturbance.

This matter is not a head of consideration under the assessment of the current development application.

 

5.2 Support

No letters of support were received.

 

6.    Technical Officers Comments

 

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

 

Development Engineers

The application was referred to Council’s Development Engineers for comment. No objections were raised subject to conditions with any approval. The following comments were made:

 

Development Engineers Comments

An application has been received for alterations and additions at the subject site.

 

Alignment Level Issues

The applicant has submitted amended plans regarding Council’s issued alignment levels. The amended plans submitted as Section AA state:

 

“level of the garage slab is to be no greater than 600mm above Council footpath”.

 

This should read:

“level of the garage slab is to be no greater than 600mm above Council footpath level directly opposite the eastern edge of the proposed garage opening”

 

Prior to issuing development consent the applicant is to delete the original proposed floor level of 101.0 from all plans submitted as part of the application (including amended plans)

 

Car Space Dimensions

The assessing officer is also advised that car space dimensions for the proposed garage appear tight and may not meet Council’s requirements. The assessing officer is advised that prior to issuing Development Consent the car space dimensions should be to the satisfaction of the assessing officer’s coordinator.

 

Landscape Comments

Permission is granted for the applicant to remove the Bottle Brush Street Tree in Second Ave near the proposed Council vehicular crossing.

 

Should the application be approved the appropriate nominated conditions shall apply.

 

Note: - the applicant has since submitted amended plans reflecting the technical comments above. There are presently no objections to the alignment levels proposed. Further, the carspace dimension has been referred to coordinator and no objections were raised with regard to the proposed parking space.

 

7.    Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 490.2m² and a master plan is not required.

 

8.    Relevant Environmental Planning Instruments

 

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

 

(a)    Randwick Local Environmental Plan 1998

The site is zoned 2A under Randwick Local Environmental Plan 1998 and the proposed activity is permissible with Council’s consent. The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed activity and built form will not compromise the aesthetic character, environmental qualities and social amenity of the locality. The following Clauses of the LEP 1998 apply to the proposal:-

 

8.1 Policy Controls

8.1.1          Development Control Plan - Dwelling Houses and Attached Dual Occupancies

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


Landscaping

 

Preferred Solution

Assessment

S1

40% of the total site area is provided as landscaped area.

Approximately 50% of the site is landscaped area. Complies.

S1

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

The rear yard has an area of at least 90m². Complies.

S1

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

The above area has dimensions of 15m x 6m. Complies.

S1

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

The above area is located in the rear yard. Complies.

S6

20% of the total site area has permeable treatment.

More than 25% of the site area is permeable treatment. Complies.

 

The Objectives of the DCP with regard to landscaping are that existing significant trees and landscaping are retained and enhanced; dwellings are provided with usable outdoor recreation space; storm water management and the appearance, amenity and energy efficiency of the dwelling is improved through integrated landscape design; and the native wildlife populations are preserved and enhanced through appropriate planting of indigenous vegetation.

 

The Performance Requirements are that the size and dimensions of landscaping suit the needs of the occupants; location and design of open space takes advantage of aspect for year round use; indigenous species are used and existing vegetation is recycled where possible; planting does not obstruct or interfere with entries; and unpaved areas are maximised to allow stormwater infiltration.

 

Floor Area