Planning Committee Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 8 September 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

8 September 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, 8 September 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 - 11 August 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Committee by Members of the Public

Urgent Business

Development Application Reports

D50/09      54 Gubbuteh Road, Little Bay

D51/09      3/107 Arden Street, Coogee

D52/09      21 Camira Street, Maroubra

D53/09      6/29 Melrose Parade, Clovelly

D54/09      2A Eyre Street, Chifley

D55/09      17 Bream Street, Coogee

D56/09      411R-413R Clovelly Road, Clovelly

D57/09      65 Melody Street, Coogee

D58/09      15 Gordon Avenue, Coogee


Miscellaneous Reports

Nil   

 

Closed Session

Nil 

 

Notice of Rescission Motions

Nil 

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Planning Committee

8 September 2009

 

 

 

Development Application Report No. D50/09

 

 

Subject:                  54 Gubbuteh Road, Little Bay

Folder No:                   DA/316/2009

Author:                   Simon  Ip, Senior Environmental Planning Officer     

 

Proposal:                     Construction of a part 1 and part 3 storey detached dwelling with double garage, landscaping and associated site works.

 

Ward:                      South Ward

 

Applicant:                MDA Architects

 

Owner:                         R Singh and S Thomas

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


1.      Executive Summary


The subject application is for c
onstruction of a part 1 and part 3 storey detached dwelling with double garage, landscaping and associated site works in Precinct P1 of the Prince Henry Site. The application is referred to the Planning Committee Meeting for determination as the proposal will involve variations to the RLEP floor space ratio and building height (number of storeys) standards by 18% and 50% respectively.

 

The subject site is located on the northern side of Gubbuteh Road and has a frontage width and land area of 16.28m and 450.9m2 respectively. The allotment is identified as being within Precinct P1 of the Prince Henry Site, which is listed as a Heritage Conservation Area under RLEP 1998 as well as the State Heritage Register.

 

The subject application was advertised and notified to the 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.

 

The site is located within Zone No. 2D (Comprehensive Development Zone) under RLEP 1998. The proposal satisfies the aims of RLEP 1998 and the specific objectives of the 2D Zone, in that the development will deliver a detached dwelling which is consistent with the desired residential character of Precinct P1. The design has incorporated appropriate articulations to the building facades and relates satisfactorily to the sloping landform. Accordingly, the development is considered to carry positive planning merits.

 

The development scheme involves variations to the floor space ratio and building height (number of storeys) standards contained in RLEP 1998. Specifically, the proposal will exceed the required floor space ratio (being 0.5:1) by 0.09:1. The building is part 1 and part 3 storey in height and does not comply with the 2 storey height standard stipulated in the LEP. Notwithstanding, the proposal will not result in significant adverse impacts upon the amenity of the surrounding properties in terms of solar access, privacy, noise and visual bulk and scale, subject to the recommended conditions. A SEPP 1 Objection has been submitted and is considered to be well founded.

 

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 2 in DP 285910, No. 54 Gubbuteh Road, Little Bay. The site is located within the former Prince Henry Hospital, which is being redeveloped for residential uses. The site is rectangular in configuration and slopes from the street to the rear with a cross fall of 7.922m (from RL35.330m to RL27.408m). The dimensions and land area of the site are summarised in the table below:

 

Allotment Boundary

Length

Land Area

Northern, rear boundary

16.28m

 

Southern, Gubbuteh Road boundary

16.28m

 

Eastern, side boundary

27.695m

 

Western, side boundary

27.695m

 

 

 

450.9m2

 

At present, the site is vacant with no building improvements. The site is adjoined by residential allotments to the east and west (Nos. 56 and 52 Gubbuteh Road), where construction works are being undertaken. The adjoining land to the north (Nos. 1406 and 1408R Anzac Parade) contains sports fields which were formerly owned by the University of New South Wales, and is subject to a recent staged development application for master planning and subdivision into residential allotments.

 

The site is located within the Prince Henry Heritage Conservation Area identified in Randwick Local Environmental Plan 1998 and is listed in the State Heritage Register.

 

Figure 1 Aerial view of the subject site and surrounding environment

 

3.      The Proposal

 

The proposed development includes the following elements:

 

·      Construction of a part one- and part three-storey detached dwelling house with double garage. The dwelling incorporates the following floor space components:

- Ground floor: garage, living room, study/bedroom and amenities

- Lower ground floor: living and dining areas, main bedroom and amenities

- Basement: family room, laundry and amenities

·      Installation of roof-mounted solar panels.

·      Installation of an internal lift.

·      Construction of water features and general landscape works.

 

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

 

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

 

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

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

·      Clause 30A(2): 0.5:1 maximum floor space ratio standard

·      Clause 30A(4): 2 storeys maximum building height standard

 

The above provisions are numerical development standards contained in the statutory plan.

 

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

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

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

 

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

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

 

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

The aims and objectives of SEPP 1 are:

 

Clause 3

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

 

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

 

To encourage:

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

 

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

 

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

 

The proposal is also consistent with the relevant objectives of Residential 2D Zone in that it will allow residential housing, which is consistent with the master plan vision for the Prince Henry Site.

 

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

 

4.4.4          Floor space ratio

Pursuant to Clause 30A(2) and the map of RLEP 1998, the maximum floor space ratio (FSR) for development on the subject site is 0.5:1, which equates to 225.5m2 gross floor area (GFA). The permissible and proposed FSR are summarised in the table below:

 

Proposed GFA

265.0m2

Permissible GFA

225.5m2

GFA exceeding LEP control

39.5m2

Proposed FSR

0.59:1

Permissible FSR

0.5:1

FSR exceeding LEP control

0.09:1

 

The proposal will exceed the development standard by 0.09:1, or 39.5m2 GFA. This is equivalent to a variation to the LEP standard by 18%. 

 

4.4.5          Building height (number of storeys)

Pursuant to Clause 30A(4) and the map of RLEP 1998, the maximum building height for development on the subject site is 2 storeys. The proposed dwelling is part 1- and part 3-storey in height and does not comply with the LEP development standard. This is equivalent to a variation to the LEP standard by 50%.

 

4.4.6          Justifications for the development scheme

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

 

·      The site has a significant slope from the street to the rear with a cross fall of 7.922m. The design scheme maintains a single-storey scale to the street and achieves full compliance with the overall and external wall heights controls of the LEP. The lowest level is created via excavation into the ground and is not considered to contribute significantly to the bulk and scale of the dwelling as viewed from the surrounding public and private domain. The proposed built form relates satisfactorily to the natural topography of the site.

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

·      The lowest level of the dwelling is partially constructed below the existing ground line. The enclosing walls to the semi-basement have a height of up to approximately 1.35m only. The majority of the laundry, store and bathroom areas are underground, and amount to approximately 16.5m2 GFA. Where these areas are excluded, the floor space ratio will be reduced to 0.55:1.

·      The development scheme has incorporated suitable garden areas and planting on the site, which will provide an appropriate landscape ambience and visual softening of the building structures.

·      As will be discussed in the following sections, the proposal will not result in any unreasonable adverse impacts on the adjoining residential properties in terms of overshadowing or privacy, subject to the recommended conditions.

 

4.5    Is the objection well founded?

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

 


5.      Site History

The Prince Henry Site is subject to a series of development consents for demolition of existing building structures, land remediation, civil infrastructure works and subdivision into residential allotments.

 

6.      Community Consultation

 

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

 

7.      Technical Officers Comments

 

7.1    Development Engineer and Landscape Development Officer

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

 

Landscape Comments

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

 

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

 

Drainage Comments

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

 

7.2    Heritage Consultant

The subject application has been referred to Council’s heritage consultant for assessment. Refer to the “LEP” section of this report for details. 

 

7.3    NSW Heritage Council

The Prince Henry Site is listed on the State Heritage Register. The subject application has been referred to the Heritage Office in accordance with Section 91A of the Environmental Planning and Assessment Act 1979. No objections were raised against the proposal, subject to the terms of approval.

 

8.      Master Planning Requirements

 

The subject site has a land area of only 450.9m2 and a master plan is not required.

 

9.      Relevant Environmental Planning Instruments

 

9.1    Randwick Local Environmental Plan (RLEP) 1998

The site is located within Zone No. 2D (Residential D – Comprehensive Development Zone) under Randwick Local Environmental Plan 1998. The proposed development is permissible with Council’s consent. The proposal is consistent with the objectives of the 2D Zone, which aim to provide for residential developments consistent with a master plan adopted under Clause 40A of the LEP.

 

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

Clause 30A of the LEP states that the controls applicable to land zoned No. 2D are identified in the supporting built form control maps applicable to a specific site (in this instance, the Prince Henry Hospital site), which are addressed as follows:

 

Control

Required

Proposed

Compliance

30A(2) Maximum FSR

0.5:1 or 225.5m2

0.59:1 or 265.0m2

No, SEPP 1 Objection submitted

30A(3) Minimum landscaped area

40% or 180.4m2

60.1% or 270.8m2

Complies

30A(4) Maximum wall height

8m

7.7m

Complies

30A(4) Maximum building height

9m

8.8m

Complies

30A(4) Maximum number of storeys

2

3

No, SEPP 1 Objection submitted

 

·      Clause 40 Excavation and Filling of Land

Clause 40 provides that when considering an application for excavation and filling of land, the consent authority must have regard to the likely disruption of the existing drainage patterns and soil stability in the locality.

 

The proposal involves excavation of up to approximately 3.5m to accommodate a semi-basement level. Notwithstanding, the design does not require the construction of substantial retaining walls that are visible from the public or private domain. The external walls of the semi-basement level have a height of up to approximately 1.35m above the existing ground lines and are not considered to contribute to an excessive visual bulk.

 

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.

 

·      Clause 40A Master Plans

The Master Plan for the Prince Henry Hospital site was originally adopted in December 2001, and was subject to a number of subsequent amendments. The Prince Henry Site Development Control Plan, adopted on 27 July 2004, is based on the provisions and recommendations of the Master Plan. As will be discussed in the following paragraphs, the subject proposal is considered to satisfy the objectives and performance requirements of the DCP, and therefore is consistent with the provisions of the Master Plan.

 

·      Clause 43 Protection of Heritage Items, Heritage Conservation Areas and Relics

Clause 43 relates to the protection of listed heritage items and heritage conservation areas. The subject allotment is located within the Prince Henry Hospital site, which is classified as a Heritage Conservation Area under the LEP and is gazetted in the State Heritage Register.

 

The hospital site has been the subject of a Conservation Management Plan (CMP), Archaeological Management Plan (AMP) and Heritage Impact Assessment (HIA) undertaken by Godden Mackay Logan, in conjunction with the preparation of a Master Plan for residential use of the former hospital land. The hospital site is identified to possess Aboriginal, natural, landscape and architectural heritage significance.

 

The application has been referred to Council’s heritage consultant for assessment. The comments provided are extracted below:

 

Background

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

 

The hospital site has been the subject of intensive study which has resulted in preparation of a Conservation Management Plan, Archaeological Management Plan and Heritage Impact Assessment. Based on this work, a Master Plan, the amendment to the LEP and a Development Control Plan have been prepared to facilitate adaptation of the site as an integrated residential suburb. 

 

The Subject Site

The subject site is located on the northern edge of the Prince Henry site within Precinct P1. This precinct, which occupies the northern part of the Comprehensive Development Zone, is a mixed residential precinct in which a variety of building types, heights and densities are permitted. The area in which the subject site is located is identified for detached dwellings with a maximum height of two storeys.

 

The site falls steeply northwards from the road frontage and looks out to the north across a wide bush lined valley occupied by the University of NSW and to the north east across the Coast Golf Course to the Little Bay coastline beyond. Residential allotments line the road site on both sides of the site, but are broken by two gaps created for viewing the golf course, coastline, the valley, and geological features of the Little Bay Geological Site.

 

The site is estimated to be within the possible extent of the Palaeovalley Area in the Little Bay Geological Site, and is identified as being within Aboriginal Archaeological Zone 1, a zone identified as being of very high sensitivity. It is also identified as being within a potential ochre site designated AIS-6. It is not, however, within or close to the historic hospital site and there are no significant buildings nearby. Neither are there any views identified as being significant heritage views or vistas in the vicinity, although there is a non-heritage view to the east along Gubbuteh Road indicated in the DCP.

 

The Proposal

The application proposes a modern freestanding dwelling cut into the slope of the site so that it is single storey at the front stepping down to three storeys at the rear. The design incorporates a double garage and a low pitched free-form concrete roof with a raised clerestory.

 


Submission

The application is accompanied by a brief and sketchy heritage impact statement prepared by Brent Marvin of mda architects, who prepared the design of the proposal. The HIS indicates that the design is intended to comply with the DCP and PHDRP guidelines and to deliver a contemporary design which will facilitate the relaxed coastal living environment. Siteworks such as the driveway and landscape features have been designed to complement the coastal surrounds by the use of natural materials and colours.

 

The HIS assesses the proposal as enhancing the heritage significance of the existing items and the adjacent conservation area including its setting and streetscape appearance.

 

Compliance Issues

The SEE for the DA notes that the Prince Henry site is listed as an item of State significance (ie, in the State Heritage Register), but somewhat confusedly indicates that it is subject to ‘an informal agreement…for applications on the Prince Henry site and that referral to the Heritage Office is not necessarily required’. The author appears to be referring to an exemption gazetted in June 2005 under s.57(2) of the Heritage Act 1977 by the Minister exempting specified activities from requiring the Heritage Council’s consent under that Act, as would otherwise be the case. This is certainly not an ‘informal agreement’. The exemption applies to new single residences and multi-unit developments outside the Historic Precinct which comply with the Prince Henry Site DCP. The exemptions specify the height and setback requirements of the DCP as critical provisions, with applications which do not comply ‘likely to be referred to the Heritage Council for its approval’.

 

The DA documentation indicates that the proposed development has a FSR of 0.55:1. Despite a claim to the contrary in section 4.4 of the SEE, this exceeds the maximum in both the LEP and the DCP of 0.5:1 by a significant amount. I am not aware that any SEPP 1 objection has been lodged in respect of the non-compliance with the LEP standard.

 

The SEE also indicates that ‘the proposal is consistent with the provisions of the DCP for height’. Based on the information of the DA drawings, this appears to be correct with respect to the maximum wall and building heights in the LEP and the DCP, but not with respect to the number of storey. This is limited in both instruments to two storeys, whereas the DA proposes a partial third storey. The LEP does not appear to contain a definition of ‘storey’, and hence it appears to me that the lower part floor, even if partly below ground level, must be considered a storey for this purpose.    

 

Section 4.5 of the SEE claims that ‘None of the precinct specific setback controls apply to the proposal and as such, the proposal complies with the DCP in relation to setback’. The SEE does not provide a case supporting this contention, and in my opinion it is inaccurate. I have noted a similar contention in other documentation prepared by this firm, with a similar lack of justification.

 

The minimum setback requirements for the precinct are set out under Built Form in the section entitled Performance Criteria and Controls. I can see no reason why they should not apply. Controls relevant to this site are as follows: 

 

§ front setback - 3m                                                          complies 

§ side setback (detached dwellings) – 1.5m                            complies

§ rear setback (dwellings along northern side boundary) – 8m    complies

 

The proposal comfortably complies with the minimum areas for landscaping in the LEP and DCP and for landscaping and soft landscaping in the DCP.

 

Conclusions

The proposed development is consistent with recent developments that have been built in the vicinity of the subject site within Precinct 1, and in general terms with the objectives of the project. However it does not appear to comply with the requirements of the LEP and DCP with respect to FSR and number of storeys. Because these are both development standards prescribed in the LEP and no SEPP 1 objection has been lodged in respect of them, in my opinion the Council is bound to refuse the application. It would, of course, be open to the applicant to submit an objection under SEPP 1 for Council’s consideration.

 

If the applicant opted to adopt this course of action and Council considered the variations were justified, it would presumably be necessary to refer the application to the Heritage Branch of the DoP for consideration by the Heritage Council prior to determining the application.

 

Without wanting to prejudge any submission the applicant may make or a decision of the Heritage Council, it appears to me that the two non-compliances would have relatively little impact on the heritage item and the HCA, and may be acceptable to Council, particularly because the DA complies with the bulk of the envelope controls.

 

Recommendation

That the non-compliances outlined above and any other planning issues identified be discussed with the applicant and he be given an opportunity to provide additional information to assist in resolving them.

 

Comments:

At Council’s request, the applicant has subsequently provided a SEPP 1 Objection to justify the proposed variations to the floor space ratio and building height standards stated in the LEP. The Objection has been assessed and is considered to be well founded. It is considered that the proposed built form, setbacks, design details and landscaped area provision are compatible with other recently approved development proposals in Precinct P1, and will not result in detrimental impacts on the character of the streetscape and the Prince Henry Site as a whole.

 

The application has been referred to the Heritage Office for assessment pursuant to Section 91A of the Environmental Planning and Assessment Act. No objections were raised against the proposal subject to the terms of approval.

 

9.2    Draft Randwick Local Environmental Plan (DRLEP) 2008

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

 

9.3    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 223747S. 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. 

 

10.    Policy Controls

 

10.1  Randwick Development Control Plan (RDCP) Prince Henry Site

The Prince Henry Site DCP applies to the developable land within the Prince Henry Hospital site, and contains precinct-specific built form controls. The subject site is identified as Lot D10 within Precinct P1 according to the DCP.

 

The following provides an assessment against the precinct-specific controls:

 

Control

Required

Proposed

Comments

Housing Type

Dwelling house

Dwelling house

Complies.

Density

Maximum FSR

0.5:1 or 225.5m2 GFA

0.59:1 or 265.0m2 GFA

Does not comply, SEPP 1 Objection submitted. Refer to the “SEPP 1” section of this report for details.

Setbacks

Front setback

3m

Minimum 4.2m

Complies.

Side setback

1.5m

Eastern boundary: minimum 1.5m

Western boundary: minimum 2m

Complies.

Rear setback

8m

Rear wall: minimum 10m

Edge of rear balcony: 7.3m

Does not comply.

The proposed balcony structures will result in a marginal shortfall in rear setback of 700mm. However, the rear external wall of the dwelling will exceed the rear setback requirement. Given that the elevated decking is substantially open and that the shortfall is minor in nature, the proposal is considered satisfactory in this regard.

 

Height

Number of storeys

2

3

Does not comply, SEPP 1 Objection submitted. Refer to the “SEPP 1” section of this report for details.

Maximum Wall Height

8.0m

7.7m

Complies.

Maximum Building Height

9.0m

8.8m

Complies.

Landscape Provision

Minimum Landscaped Area

40% site area or 180.4m2

60.1% or 270.8m2

Complies.

Minimum Soft Landscaping

20% site area or 90.2m2

35.8% or 161.6m2

Complies.


Other relevant controls contained in the DCP are assessed as follows:

Control

Required

Proposed

Comments

4.2 Height

Floor to ceiling height

Minimum 2.7m

Minimum 2.7m

 

Complies

4.7 Landscaped Area and Private Open Space

Minimum contiguous private open space

60m2

Rear courtyard: approximately 128m2 excluding undercroft areas below the balconies

Complies

Minimum dimension of private open space / gradient

4m, 1:10

8m, moderate gradient

Satisfactory

4.11 Solar Access

Solar access to dwelling

Principal living room receives minimum 3 hours sunlight between 9am and 3pm on 21 June

The living room areas will achieve compliance with the solar access requirements.

Complies

Solar access to adjoining dwellings

Minimum 3 hours sunlight between 9am and 3pm on 21 June to at least 50% of private and communal open space

Given the rear and side setback patterns of the approved developments on the adjoining properties, and the north-south orientation of the subject allotment, it is expected that at least 50% of the private open space on the adjoining sites will receive a minimum of 3 hours of direct sunlight on the winter solstice.

Complies

4.13 Visual Privacy

 

Direct overlooking of main internal living areas and private open space of adjoining dwellings is to be minimised by building layout, location and design of windows and balconies, screening devices, high window sills or obscured glass

Western elevation

The western elevation contains windows attached to the bathroom areas on both the ground and lower ground levels. A specific condition is recommended to require the above windows to be constructed with obscured glazing or provided with external louvre screens.

 

Eastern elevation

The proposal incorporates full height windows on both the ground and lower ground levels, which are attached to living and dining areas.

 

It is noted that the above windows are oriented towards a blank side wall of the approved development at No. 56 Gubbuteh Road (Development Consent 965/2004).

 

Given that the windows in question are constructed with fixed glazing and are setback 4m to 4.5m from the nearest wall of the approved dwelling at No. 56, the proposal is not considered to result in detrimental privacy impacts on the neighbour.

Satisfactory, subject to condition

 

Habitable room windows with a direct outlook to the habitable room windows of any floor above ground floor in an adjacent dwelling within 12m:

-  Are to be offset by a distance sufficient to limit views into the adjacent windows;

-  Incorporate appropriate permanent privacy screening;

-  Have sill heights of 1.6m above floor level; or

-  Have fixed obscured glazing in any part of the window below 1.6m above floor level

Refer to comments above.

 

 

The outlook from windows, balconies, stairs landings, terraces and decks or other private or communal areas within a development is to be screened where a direct view is available into the private open space of an existing or proposed dwelling

The proposed rear-facing balconies are capable of oblique overlooking into the adjoining private open space. A special condition is recommended to require a 1.5m wide privacy screen to be installed on the side elevations of the balconies, in order to minimize privacy impacts on the neighbouring properties.

Satisfactory, subject to condition

4.16 Fences

Maximum height for solid front fencing

1.2m

The landscape plan proposes the installation of 1.2m high fencing on the front boundary. 

 

Complies

Maximum height for side fencing

1.8m

The landscape plan proposes the installation of 1.8m high fencing on the rear boundary. No side fencing is proposed.

Complies

4.17 Safety and Security

 

Buildings must be designed to enable occupants to overlook streets and public open spaces in order to provide casual surveillance

The ground floor bedroom / study room has high and low level strip windows on the southern elevation. It is noted that the above windows do not allow direct line of sight towards the street.

 

A special condition is therefore recommended to require an additional window to be provided on the southern façade to enable casual surveillance of the street.

Complies, subject to condition

 

Entrances to dwellings and buildings must be clearly visible from the street

The proposal includes a vertical louvre screen in front of the main pedestrian entry to the dwelling. The front doorway will be obscured when a person is standing directly in front of the entry. However, the main entry will still be visible when a person approaches the building from the east.

 

It is noted that the eastern windows of the ground floor bedroom / study room will have filtered south-eastern views of the street through the abovementioned louvre screen.

 

As discussed above, a special condition is recommended to require an additional window to be installed on the southern façade of the dwelling to enable casual surveillance of the street. It is considered that the proposal will not result in significant adverse impacts on the safety and security of the surrounding areas, subject to the above condition.

Satisfactory, subject to condition

5.3 BASIX

 

Development applications for new single dwellings are to be in accordance with SEPP: BASIX and must be accompanied by a BASIX Certificate.

Satisfactory. Refer to the “BASIX” section of this report. 

Complies, subject to conditions

6.4 Driveway Design

 

Driveway location, width and design are to comply with AS 2890.1

The driveway design has been assessed by Council’s Development Engineer and is considered to be satisfactory, subject to conditions.

Complies, subject to conditions

 

Driveway, car parking spaces and car parking structures are not to occupy more than 35% of the width of the allotment.

5.5m or 33.8%

 

Complies

 

Driveways to have a maximum width of 3m at property boundary and footpath crossing

3m

Complies

 

Driveway gradients are not to exceed 1 in 6

The driveway design has been assessed by Council’s Development Engineer and is considered to be satisfactory, subject to conditions.

Complies, subject to conditions

 

Garage doors to be setback minimum 1m behind front building line

The garage door is setback a minimum of 1.1m behind the front building line.

Complies

 

Garages and carports facing streets or public open space must have a maximum width of 6m, or 35% of the allotment frontage, whichever is the lesser

5.5m or 33.8%

satisfactory

 

10.2  Randwick Development Control Plan (DDCP) Parking

The DCP requires 2 spaces per dwelling house with 3 or more bedrooms. The proposal contains 2 bedrooms and a double garage fronting Gubbuteh Road, which satisfies the DCP requirement. A specific condition is recommended to ensure the design and dimension of the parking facilities comply with the Australian Standard.

 

10.3  Randwick Section 94A Development Contributions Plan

Landcom has undertaken a range of civil infrastructure and services connection works on the Prince Henry Hospital site, which are considered as in-kind contributions. The current proposal involves the development of a single dwelling on a newly created allotment approved under a previous development consent. Based on the above reasons, no development contribution levies are applicable to the subject proposal.

 

11.    Environmental Assessment

 

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

 

Section 79C ‘Matters for Consideration’

Comments

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

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

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

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

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

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

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

Not applicable.

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

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

 

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

 

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

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

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

 

The proposed development is consistent with the predominant residential land uses in the Prince Henry Site. 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 Precinct P1 of the Prince Henry redevelopment area, which is intended to be occupied by a mixture of housing form. The proposal will deliver a detached dwelling on the northern extremity of the redevelopment site and is consistent with the provisions of the DCP. The subject allotment 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 have been 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 is consistent with the objectives and performance requirements of relevant State and Local planning instruments and guidelines.

 

The scale, proportion, massing and materials of the proposed dwelling house are sympathetic to the steep landform of the site and the natural setting and desired building character of the Prince Henry Site.

 

The development scheme involves variations to the floor space ratio and building height standards contained in RLEP 1998. A SEPP 1 Objection has been submitted and is considered to be well founded.

 

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

 

The application is therefore recommended for approval.

 

 

Recommendation

 

A.       That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clauses 30A(2) and 30A(4) of Randwick Local Environmental Plan 1998 relating to floor space ratio and building height respectively, on the grounds that the proposed development complies with the objectives of the above clauses, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grants Development Consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. DA/316/2009 for construction of a part 1- and part 3-storey detached dwelling with double garage, landscaping and associated site works, at No. 54 Gubbuteh Road, Little Bay, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

Plan Number

Dated

Received

Prepared By

10817 DA03(A)

19.05.2009

25 May 2009

MDA Architects

10817 DA05(A)

19.05.2009

25 May 2009

10817 DA06(A)

19.05.2009

25 May 2009

10817 DA07(A)

19.05.2009

25 May 2009

10817 DA08(A)

19.05.2009

25 May 2009

10817 DA09(A)

19.05.2009

25 May 2009

10817 DA10(A)

19.05.2009

25 May 2009

10817 DA11(A)

19.05.2009

25 May 2009

10817 DA12(A)

19.05.2009

25 May 2009

10817 DA13(A)

19.05.2009

25 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 consistent with the submitted Colour Schedule, numbered 10817 DA22 (Revision A), dated 21.05.2009 and prepared by MDA Architects.

 

3.       The proposed reflection pond and water features shall have a water depth of not more than 300mm when fully filled up. Details demonstrating compliance with this requirement shall be submitted to the satisfaction of the Principal Certifying Authority prior to issue of the Construction Certificate.

 

4.       The west-facing windows attached to the bathroom areas on both the ground and lower ground levels are to be constructed with obscured / translucent glazing, or provided with suitable external metal louvre or timber batten screens. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation.

 

5.       A fixed privacy screen of minimum 1,600mm in height, as measured from the finished floor level, shall be installed on both side elevations of the rear balconies on the ground and lower ground levels. The screens shall extend perpendicularly from the rear façade for a minimum distance of 1,500mm. The screens shall be constructed with 35mm metal slats / blades, vertically positioned, and spaced at a maximum of 35mm, or another appropriate design that effectively restricts cross-viewing into the private open space of Nos. 52 and 56 Gubbuteh Road. Details demonstrating compliance are to be incorporated in the Construction Certificate documentation.

 

6.       An additional window shall be provided on the street (southern) elevation of the ground floor bedroom / study room area. The new window shall be centrally positioned on the wall, and shall have dimensions of 3500mm (length) x 500mm (width) consistent with the other two windows on the same wall currently proposed in the design scheme. The window shall be constructed with either fixed or operable clear glazing. Details demonstrating compliance with the above requirements shall be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority. 

 

7.       Any fences located on the rear boundary of the subject site shall not exceed a maximum height of 1,800mm, measured above the existing ground levels.

 

On sloping sites or at changes in ground levels, the maximum height of the fence may exceed the aforementioned 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 should be obtained from the owner/s of the adjoining land beforehand.

 

8.       The dimensions and design of the proposed double garage are to be consistent with Australian Standard 2890.1. Details demonstrating compliance with the above requirement are to be incorporated in the Construction Certificate documentation to the satisfaction of the Principal Certifying Authority.

 

9.       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.

 

10.     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.

        

11.     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.

 

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

 

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

 

14.     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.

 

The following condition is imposed to satisfy the 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 conditions are imposed to promote ecologically sustainable development and energy efficiency:

 

16.     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.

 

17.     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.

 

18.     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)

 

19.     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:

 

20.     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:

 

21.     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.

 

22.     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.

 

23.     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.

 

24.     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.

 

25.     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.

 

26.     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”.

 

27.     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.

 

28.     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.

 

29.     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.

 

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.     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:

 

32.     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.

 

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

 

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

 

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

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

 

46.     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.

 

47.     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:

 

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

 

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

 

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

 

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

 

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

 

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

 

50.     Prior to the issuing of a Final Occupation Certificate the applicant is required to meet the full cost for Council or a Council approved contractor to adjust the existing vehicular crossing and layback, if required.

 

51.     Prior to the issuing of a Final Occupation Certificate the applicant is required to meet the full cost for Council or a Council approved contractor to replace any damaged sections of Council footpath along the site frontage.

 

52.     All civil works are to be in accordance with Australian Standard specifications for driveways, and in general accordance with Randwick City Council's ‘Standard Kerb and Gutter and Vehicular Crossing Detail’ (Drawing SD4).

 

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

 

53.     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.

 

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

 

55.     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.

 

56.     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: (Note: Stormwater drainage plans have not been approved as part of this development consent.)

 

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

 

58.     Stormwater runoff shall be discharged into the drainage system at the rear of the property. All site stormwater must be taken through a sediment/silt arrester prior to discharging into the drainage system. The sediment/silt arrestor pit shall be constructed with:-

 

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

 

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

 

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

 

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

 

·           A galvanised heavy-duty screen located over the outlet pipe (Mascot GMS Multi-purpose filter screen or similar).

 

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

 

·           The inlet pipeline located on the side of the pit so that the stormwater will discharge across the face of the screen.

 

·           A sign adjacent to this pit stating that:

 

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

 

Note:    Sketch details of a standard sediment/silt arrester

 

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

 

59.     Prior to the issue of a construction certificate, the Principal Certifying Authority (PCA) will be required to ensure that the Landscape Plan prepared by Conzept Landscape Architects, drawing number LPDA09-162/1C & 2, Nov 2008, complies with the Landscaping Performance Criteria and Controls for Precinct P1, as set out in the Prince Henry Site Development Control Plan, dated 8th December 2004, with a copy of the approved plan to be forwarded to Council if Council is not engaged as the PCA for the site.

 

60.     Upon completion of all site works, and prior to the issue of a final occupation certificate, documentary evidence is to be obtained from a suitably qualified professional in the horticulture/landscape industry, and is to be submitted to the PCA (as well as Council, if Council is not the PCA) which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent.

 

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

 

Tree Protection Measures

 

62.     In order to ensure the retention of the two recently planted street trees within the Gubbuteh Road nature strip, to the north of the existing vehicle crossing 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 shall show their retention with the position of the trunks and full diameter of their canopies clearly shown on all drawings.

 

b.       Both trees are to be physically protected by the installation of protective fencing, which is to be provided a distance of 1 metre off the outside of each of their trunks, to completely enclose both trees.

 

c.       This fencing shall be installed prior to the commencement of construction works and shall remain in place until all works are completed.

 

d.       Within both zones 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.

 

The following terms of approval are imposed by the NSW Heritage Office under Section 91A of the Environmental Planning and Assessment Act 1979, as amended:

 

63.     All work shall comply with the following documentation:

 

a)   Project No. 10817, Drawing Nos.: DA01, Rev A; DA02, Rev A; DA03, Rev A; DA04, Rev A; DA05, Rev A; DA06, Rev A; DA07, Rev A; DA08, Rev A; DA09, Rev A; DA10, Rev A; DA11, Rev A; DA12, Rev A; DA13, Rev A; DA14, Rev A; DA15, Rev A; DA16, Rev A; DA17, Rev A; DA18, Rev A; DA19, Rev A; DA20, Rev A, dated 19/05/2009, prepared by MDA Architects.

 

b)   Landscape Plan, Drawing Nos. LPDA 09 – 162/1C, LPDA 09 – 162/2, prepared by Conzept Landscape Architects submitted to Randwick Council 25/05/2009.

 

c)   Storm Water and Drainage Plan No. 080804, drawing No. D1, 1 prepared by Jones Nicholson Pty. Ltd. Consulting Engineers, dated November 2008 submitted to Randwick Council 25 May 2009.

 

d)   Heritage Impact Statement prepared by MDA Architects submitted to Randwick Council 25/05/2009.

 

e)   Statement of Environmental Effects prepared and submitted to Randwick Council 25/05/2009.

 

EXCEPT AS AMENDED by the following conditions of this consent:

 

(Council’s Advisory Note: Specific conditions relating to storm water management have been included in this Consent. The submitted drainage plans may not be able to achieve compliance with Council’s conditions)

 

64.     Should Aboriginal objects be found, the Department of Environment and Climate Change (DECC) is to be informed (as required by the provisions of the NSW National Parks and Wildlife Act 1974). Subject to an assessment of the extent, integrity and significance of any exposed objects, applications under either Section 87 or Section 90 of the National Parks and Wildlife Act may be required before work resumes.

 

65.     If any relics of State significance are uncovered, further excavation must stop and the Heritage Branch notified immediately. Further approval will need to be obtained from the NSW Heritage Council as changes to the design and scope of the proposed works may be required depending upon the significance of the relics found.

 

66.     Suitable clauses are to be included in all contractor and subcontractor contracts to ensure that on-site personnel are aware of their obligations and requirements in relation to the relics provisions of the Heritage Act.

 

67.     An application under Section 60 of the NSW Heritage Act is to be submitted for approval by the Heritage Branch prior to work commencing.

 

 

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

8 September 2009

 

 

 

Development Application Report No. D51/09

 

 

Subject:                  3/107 Arden Street, Coogee

Folder No:                   DA/124/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Alterations and additions to the top floor unit within an existing three (3) storey residential flat building

 

Ward:                      North Ward

 

Applicant:                Ms C Sullivan & Mr A Bowen

 

Owner:                         Ms C Sullivan & Mr A Bowen

 

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan


Executive Summary

 

The subject proposal is referred to the Planning Committee for determination as it contains variations to the external wall height and floor space ratio development standard stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant has submitted a SEPP 1 objection to development standards to address these non-compliances.

 

The subject application is for alterations and additions over an existing open terrace at the top floor level to the penthouse unit in the existing residential flat building to accommodate an additional internal living room and covered alfresco dining area for the unit.

 

One (1) objection was received to the proposed development. The issues raised were in relation to adequate sound insulation and compliance with the relevant provisions of the Building Code of Australia (BCA). 

 

It is noted that following consultation with Council, the applicants have amended the plans to indicate an overall height reduction of the addition by 800mm and deletion of the north facing and south facing highlight windows to minimise the overall impact of the proposal in terms of bulk and scale, maintain a generally open appearance to the penthouse unit and minimise any impacts to the solar access of adjacent properties.

 

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 proposed development satisfies the matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, as amended. Therefore the proposal is recommended for approval.

 

1.    The Proposal

 

The proposal seeks consent to carry out alterations and additions over an existing open terrace at the top floor level to the penthouse unit in the existing residential flat building to accommodate an additional internal living room and covered alfresco dining area for the unit.

 

2.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Arden Street between Quail Street & Alison Road in Coogee and is presently occupied by an existing four (4) storey residential flat building. The site has a frontage width of 15.09m, a side boundary depth of 50.14m and has an overall site area of 760.373m².  Neighbouring the property to the north is a single storey dwelling, to the south is two storey residential flat building, and to the rear is a pair of single storey semi-detached dwellings. The surrounding area is residential in character and consists of a mixture of residential types, multi unit housing and single & two storey dwelling houses.

 

The subject site is located adjacent to No. 109 Arden Street. This is listed within the RLEP 1998 as a Heritage Item under Item No. 44. As such, Clause 46 is applicable to the subject site and will be discussed in further detail within the main body of this report.

 

 

 

 

Photographs of the site and surrounds

1. The existing building

2. View to existing penthouse from top floor terrace

3. view toward outdoor terrace from the existing lounge room

4. view to the rear of the site from the existing top floor terrace

 

3.    Site History

 

BA/247/1965 – approved 1st January 1965 for the construction of a residential flat building containing nine (9) units.

 

DA/3431/1981 – approved 14th May 1982 for the construction of a pergola to the third (3rd) level of the existing residential flat building.

 

DA/53/1985 – approved 8th May 1985 for alteration and additions to the third (3rd) floor of the existing residential flat building.

 

DA/662/2008 – approved 12th November 2008 for the construction of a new front boundary fence, retaining walls and bin enclosure.

 

4.    Community Consultation

 

The application was notified to the adjoining and nearby properties from 5th to 19th March 2009 in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. One submission was received at the conclusion of the public consultation process.

 

5.1 Objections

 

Owner/resident – 9/107 Arden Street, Coogee

Issue

Comment

The proposed area for the additions was originally constructed as a roof and is not adequate in maintaining an acoustic barrier between the subject site and no. 9/107 Arden Street. There is already the existing issue of noise and the proposed works should ensure that the floor is treated such that sound insulation is achieved and complies with BCA requirements.

The application has been referred to Council’s Building Services section and appropriate conditions have been included within this consent to ensure that all works are carried out in accordance with the BCA (Building Code of Australia). 

 

5.2 Support

No letters of support were received.

 

5.    Technical Officers Comments

 

Manager Environmental Health and Building Services

The application was referred to the Manager Environmental Health and Building Services for comment.  No objections were raised subject to conditions with any approval. The following comments were made:

 

Building Services comments

Alterations and additions over an existing open terrace at top floor level to  the penthouse unit in the existing 4 storey residential flat building.

 

BCA Building Classification

Class 2 – Residential units

Class 7a- Carparking

 

Description of the Building

In summary, the building incorporates:

 

§ A ‘rise in storeys’ of 4

§ Masonry walls, tiled roof and concrete floors

§ One exit stairway, of concrete construction

§ A total of 9 sole occupancy units

§ External balconies

§ Side boundary building setbacks of approximately 3.5m

 

Key Issues

 

Building Code of Australia (BCA):

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

 

Site Management:

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

RECOMMENDATION:

Should the approval be granted to the application, the appropriate nominated conditions should be included in the development consent.

 

6.    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 769.6m² and a master plan is not required.

 

7.    Relevant Environmental Planning Instruments

 

7.1    Randwick Local Environmental Plan 1998

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 enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The following clauses of LEP 1998 are relevant to the proposed development:

Clause 11 – Zone No 2B (Residential 2B Zone)

The relevant objectives of Zone No 2B are:

 

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

 

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

 

The proposal will not detract from the environmental qualities of the area and will improve the functionality of the subject dwelling without compromising the amenity of surrounding dwellings. The proposed additions will result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

Clause 31 - Landscaped Area

Clause 31 of LEP 1998 states that a minimum of 50% of the site area must be provided as landscaped area for multi-unit housing.  Landscaped areas over podiums or excavated basement areas must not exceed 50% of that requirement.

The proposal has does not seek to vary the existing landscaped area on the site (37.5%) and therefore, complies.

 

Clause 32 - FSR

Clause 32 of LEP 1998 states that a maximum floor space ratio for land zoned 2B is 0.65:1 and land zoned 2C is 0.9:1.  However, if the site is located on land zoned 2C and has less than a total site area of 700 m2, the floor space ratio is 0.65:1.

The existing building has an FSR of 1.09:1, which will be increased to 1.12:1 as a result of the proposal. This does not comply. Therefore, the applicant has submitted a SEPP 1 objection to address this non-compliance. 

 

Clause 33 - Height

Clause 33 of LEP 1998 imposes a maximum overall building height of 9.5 metres for buildings on land zoned 2B and 12 metres for buildings on land zoned 2C.  It also imposes a maximum external wall height of 7 metres for buildings on land zoned 2B and 10 metres for buildings on land zoned 2C. 

The existing residential flat building has a maximum overall height of 14.6m; this will not be altered as a result of the proposal. However, as the existing external wall height exceeds the maximum permissible building height as per Clause 33 of the RLEP 1998, a SEPP 1 objection was submitted to address this non-compliance. 

 

Clause 46 - Development in the vicinity of heritage items, heritage conservation areas, and known or potential archaeological sites

No. 109 Arden Street is listed within the RLEP 1998 as a Heritage Item under Item no.44. As such, Clause 46 is applicable to the subject site and requires Council, when determining an application for consent to carry out development on land in the vicinity of a heritage item, a heritage conservation area or a known or potential archaeological site, take into consideration the likely effect of the proposed development on the heritage significance of the heritage item, heritage conservation area or known or potential archaeological site and on its setting.

Having regard to these matters, the proposed works are not considered to result in any adverse impact on the adjacent Heritage Item (No. 109 Arden Street) as the works are restricted to the rear of the top floor and will not be visible when viewed from the primary street frontage.

Further, Council’s Heritage Planner has advised that the proposed alterations and additions to the residential flat building will not adversely impact on the heritage value of the adjacent heritage item and there are no heritage objections to the proposal. 

 

7.1      Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The relevant provisions of the Draft LEP are addressed as follows:

 

Clause

Provision

Proposal

Compliance

17

Zone No. 2B Residential B Zone

Multi unit development requires consent

The proposed land use is permissible with Council’s consent

Yes

33

Floor space ratios

(3) Sites within 2B Zone less than 700m2: 0.65:1

1.12:1

Does not comply- SEPP 1 objection submitted.

34

Building heights

(3) Maximum height for 2B Zone: 9.5m

Maximum height 14.6m – does not comply

 

As existing

 

(5) Maximum height for external wall for 2B Zone: 7m

Maximum wall height exceeds 7m by up to 7.9m.

 

 

Does not comply- SEPP 1 objection submitted.

35

Landscaped area

(3) Minimum 50% of total site area

 

37.5% (288.6sqm)

 

As existing, does not comply.

 

(4) Landscaped areas over podiums or basement areas not to exceed 50% of total landscaped area provision

49% the total landscaped areas are provided above basement levels. The proposal complies with Clause 31(3) of the LEP.

 

As existing, does not comply.

 

State Environmental Planning Policy No.1 – Development Standards

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

The proposal seeks to vary any development standards contained with Randwick Local Environmental Plan 1998 as follows: -

·      Building and Wall Height (Clause 33(3))

·      Floor Space Ratio

SEPP 1 objections must clearly articulate the underlying and stated objectives of the standard, demonstrate there are no adverse environmental impacts, and must be consistent with the local planning objectives for the locality and the objects of the Act.

 

This approach was reinforced by Justice Lloyd in Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 where he asked the following questions of the SEPP 1 objection which will form the basis of this development application’s assessment of the SEPP 1 objections:

 

 

First, is the planning control in question a development standard?

Yes, the planning controls are development standards contained within Council’s Local Environmental Plan 1998.

 

Second, what is the underlying object or purpose of the standard?

Floor Space Ratio

The purpose of this clause 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.

 

Building and Wall Height

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

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of objects specified in section 5(a)(i) and (ii) of the EP&A Act?

The proposed development is not inconsistent with the purpose of the clauses, in that:

 

Floor Space Ratio

i.   The increase in floor space ratio will be minor and consistent in scale and form with the existing building and nearby developments in the street;

ii.   The additional floor space is restricted within the existing building footprint and will not be highly visible when viewed from the street.

iii.  The additional floor space is set back sufficiently from adjoining properties and does not extend beyond the existing building footprint.

iv.  there will be no appreciable adverse impacts on the surrounding development and streetscape in terms of additional bulk and scale; and

v.  The development maintains reasonable daylight and solar access to all development and the public domain.

 

Maximum building and wall height

I. The existing maximum height of the building as viewed from the street  will be maintained and not increased as a result of the proposal, ensuring that the building will still relate to the context of the building, including street type, surrounding buildings, heritage items, landscape and views.

II.     The resultant additional wall height will still serve to ensure that the additions relate to the context of the building, including street type, surrounding buildings and views.

III.    The resultant additional wall height will be restricted to the rear of the building and will not be prominent when viewed from the street.

IV.    The design of the proposed additions minimises the impact of the development and impact on the adjacent heritage item.

V.     The development maintains reasonable daylight and solar access to all development and the public domain as it is located to the rear of the existing residential flat building.

 

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

 

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

 

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

 

“to encourage:

 

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

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

 

The variation from the Maximum Building and Wall height and FSR controls are not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section 5 (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

Maximum building and wall height

The proposal does not seek to increase the overall building height, which will remain as existing, at 13.475m. The proposal will result in a 9.2m breach of the maximum permissible 7m external wall height (16.2m at the highest point). However, given the slope of the site, the highest portion is mainly restricted to the rear north-eastern corner of the additions. The overall height of the subject residential flat building as viewed from the street is not altered as a result of the proposed additions. In relation to the scale of the overall dwelling, the non-compliance with this standard is deemed to be acceptable as the design does not create the appearance of excessive bulk and scale. The alterations and addition are located to the rear of the site and will result in no appreciable negative impacts on the nearby heritage item and surrounding streetscape. The proposal would not unduly impact upon the solar access and amenity presently enjoyed by neighbouring properties. Compliance with the Maximum Building Height development standard is unnecessary and unreasonable in the circumstances of this case.

 

Floor Space Ratio

The proposed additions are relatively compact and restricted to the rear of the building on the site. The additional calculable floor area comprises the upper level penthouse addition (which provides for a new living room, dining area as well as a covered alfresco area), which is confined within the existing building footprint of the residential flat building and maintains ample side and rear setbacks. The bulk and scale of the additions will not be highly visible from the street and will result in a building which is still compatible with development in this section of Arden Street.  The proposal would not unduly impact upon the privacy and solar access presently enjoyed by neighbouring residents. Compliance with the Floor Space Ratio development standard is unnecessary and unreasonable in the circumstances of this case.

 

Fifth, is the objection well founded?

 

Maximum wall and building height

The applicant offers the following case for the objection:

 

The proposal as submitted is consistent with the purpose of the standard in that the proposal is compatible with the scale and built form of prescribed regulations as per the DCP for Multi Unit Housing and will have minimal amenity impacts on adjoining properties. In this instance, strict compliance with the maximum wall and building height control is considered unnecessary and unreasonable for the following reasons:

 

1)   The variation in height will not increase overshadowing to the adjoining properties due to orientation while privacy will be maintained due to the design and location of windows.

2)   The proposed addition is 27.5sqm only and does not significantly increase the bulk and scale of the existing residential flat building, which already does not comply with the current height controls

3)   The proposed flat roof design minimised any additional bulk and scale created by the additional, which is lower than the ridge of the existing pitched roof.

4)   The elevations of the additions are well articulated to reduce visual bulk through varying setbacks on the southern elevation.

 

Comment: The applicant’s grounds for objection are considered to be well founded.

 

Floor Space Ratio

The applicant offers the following case for the objection:

The proposal as submitted is consistent with the purpose of the standard in that the proposal is compatible with the scale and built form of existing development in the vicinity and will have minimal amenity impacts on adjoining properties.  In this instance, strict compliance with the floor space ratio control is considered unnecessary and unreasonable for the following reasons:

1)     The additional gross floor area is confined within the roof of the existing building. Further, the existing residential flat building does not comply with the prescribed FSR controls for the zone and the additions would result in an increase in floor space of only 3.5%.

2)     The proposed additions will not significantly contribute to the appearance of bulk and scale when viewed from the street.

3)     The proposal will not detract from the appearance of the local streetscape.

4)     The proposal will not result in any unreasonable adverse impacts on adjoining development in terms of loss of privacy, overshadowing and visual impact.

 

Comment: The applicant’s grounds for objection are considered to be well founded.

 

7.2      State Environmental Planning Policy No.55 - Remediation of Land

SEPP 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 used continuously for residential and health consulting purposes for a prolonged period and is not considered to carry contamination potential. Accordingly, the site is considered suitable for the proposed land use.

 

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

SEPP: BASIX requirements came into force for multi-unit housing where development applications were lodged on or after 1 July 2005. A BASIX assessment is a mandatory component of the development approval process under the Environmental Planning and Assessment Amendment (Building Sustainability Index: BASIX) Regulation 2004 and State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004.

The proposal is for a new multi-unit housing development and the applicant has provided a BASIX certificate in accordance with the requirements of the SEPP. The provision of a certificate indicates that compliance with the current targets set for energy and water conservation have been met by the development. The certificate also identifies the measures to be shown on Development Application plans to ensure these targets are maintained through to construction.

The plans have been checked and they are consistent with the requirements indicated on the submitted BASIX certificate (certificate no. A31546, date of issue 11th February 2009) for DA stage. Standard conditions of consent requiring the continued compliance of the development with the SEPP: BASIX have been included in the recommendation section of this report.

 

7.4      State Environmental Planning Policy No.65 - Design Quality of Residential Flat Development

 

Application of Policy-

 

This Policy applies to development being:

(a)    The erection of a new residential flat building, and

(a)    The substantial redevelopment or the substantial refurbishment of an existing residential flat building, and

(b)    The conversion of an existing building to a residential flat building.

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

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

 

 

The proposed works do not fall under SEPP 65 and as such the application was not referred to the Design Review Panel.

 

8.    Policy Controls

8.1 Development Control Plan – Multi-Unit Housing

 

The DCP for Multi-Unit Housing 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. 

 

 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Height

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

 

The bulk of the additions will not be visible from the street and given the flat design of the roof, the additional wall height is considered to be acceptable and will not result in an unreasonable loss of sunlight and ventilation for the adjoining properties.

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

 

The elevations of the additions are well articulated to reduce visual bulk through varying setbacks on the southern elevation.

 

Building Setbacks

P1  Front boundary setbacks

The front setback consistent with streetscape /adjoining dwelling.

 

The front setback is maintained and will not be altered as a result of the proposal. Front setbacks remain consistent with that of the adjoining development.

P2  Side boundary setbacks

Side setbacks to ensure:

§ Solar access maintained and overshadowing minimised.

§ Privacy between adjoining dwellings and open spaces.

§ Landscaping and private open space provided.

§ Streetscape amenity is maintained.

 

S2  Zone 2B

Minimum average setback 4 metres.

No part closer than 2.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

S2  Zone 2C

Minimum average setback 5 metres.

No part closer than 3.5 metres.

Maximum length of wall without articulation is 10 metres.

Minimum length of any step is 3 metres.

The additions comprise of a new living room, dining area as well as a covered alfresco area, which is confined within the existing building footprint of the residential flat building and maintains the existing ample side and rear setbacks. The setbacks for the northern and southern sides are 4.4m and 2.8m (min), respectively. The additions are indented from the southern side of the roof such that the majority of the southern edge is set back 4.8m from the southern side boundary.

P3  Rear Boundary Setbacks

Ensure that:

§ Solar access and overshadowing are minimised.

S3  Zone 2B

Minimum average setback 6 metres.

No part closer than 4.5 metres.

 

The front setback is maintained and will not be altered as a result of the proposal. The proposed additions are located wholly within the existing building footprint.

§ Privacy between neighbouring dwellings and their open spaces provided.

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

§ Building built across site.

Maximum length of wall without articulation 10 metres.

S3  Zone 2C

Minimum average setback 8 metres.

No part closer than 6 metres.

Maximum length of wall without articulation 10 metres.

 

 

 

 

 

 

Density

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

 

The bulk and scale of the additions will not be highly visible from the street and will result in a building which is still compatible with development in this section of Arden Street. 

Landscaping and Private Open Space

P1  Landscaped Areas

Areas are sufficient size allow recreational activities and substantial vegetation.

S1 Minimum for landscaped area 2 metres.

Complies

P2 Areas around multi-unit buildings are communal open space and not divided up for allocation to individual units.

 

Not applicable.

P3  Private Open Space

Provides privacy for its users, is readily accessible, and provides opportunities for outdoor recreation / living.

 

The additions will create an additional 27.5sqm of floor space and maintain an exiting outdoor recreation area of 84sqm (7.5m x 11.2m). Complies

P6  Flats and apartments

Each dwelling has direct access to an area of private open space.

S6 Minimum of 8 m2 and minimum dimension of 2 metres.

See assessment above.

Privacy

P1  Visual Privacy

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

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

Given the subject dwelling is one level higher than that of the adjoining residential flat building to the north and south, the proposed windows, which are modest in size so not result in any direct overlooking of adjoining windows. The proposed openings are designed to maximise views towards the eats (Gordon’s Bay) and as such, are adequately offset from that of the adjoining properties to mitigate any potential and unreasonable overlooking.

P2 Private open space design and location ensure privacy.

 

Given the height of the subject site in relation to the adjoining properties (the subject dwelling being higher), the private open space of the dwelling is not visible from the adjoining properties. Further, screening has been proposed for the northern and southern edges of the proposed rear alfresco dining area. No new balconies or elevated terraces have been proposed. Satisfactory

 

P3  Acoustic Privacy

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

 

Satisfactory.

P4 Building construction transmission of noise.

 

S4  Wall / floor insulation & sound consistent with

Building Code of Aust.

A standard condition is recommended to require the proposed works to comply with the Building Code of Australia. Complies, subject to condition.

View Sharing

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

 

The proposal is modest in scale and do not adversely impinge on views to and from the subject site or adjoining sites as the views to Gordon’s Bay are directly to the east. Further, side setbacks are sufficient in allowing for equitable access to views and vistas.

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

.

 

See discussion above.

P3 Buildings are aligned to maximise view corridors between buildings.

 

See discussion above.

Solar Access and Energy Efficiency

P1  Solar Access to Neighbouring Properties

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

 

The proposal will not unreasonably reduce solar access to the adjoining properties. Satisfactory.

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

 

The proposal will not overshadow solar panels on adjoining dwellings.

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

 

All of the north facing windows to of the adjoining building to the rear will enjoy direct solar access for not less than 3 hours of the winter solstice.

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

 

The principal private outdoor open space of the adjoining properties will receive a minimum 3 hours of sunlight over at least 50% of its area throughout the year. The proposal has provided ample side setbacks and will not unreasonably affect the solar access of adjoining properties.

 

P4  Building Layout, Design and Construction

Protect from prevailing strong winds and adverse weather.

§ Living areas are orientated to the north.

§ Larger windows are located on the north.

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

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

A BASIX certificate has been submitted and standard conditions are recommended to require compliance with the commitments stipulated on the certificate through to the construction phase.

 

9.    Environmental Assessment

 

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

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal is permissible with the consent of Council on the subject site and generally complies with the standards, aims and objectives contained in the RLEP.

 

The proposal complies with the relevant assessment criteria and the objectives of the 2B zone and performance requirements of the DCP – Multi Unit Housing and will not result in any adverse impacts upon either the amenity of the adjoining premises or the character of the locality

 

The SEPP No. 1 objection lodged with respect to the non-compliance with the regard to external wall height and floor space ratio is considered to be well founded. The proposal will not have a significant adverse impact on the amenity of the surrounding development in terms of visual bulk and scale, solar access and privacy.

 

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

 

Recommendation

 

A.        That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause of the Randwick Local Environmental Plan 1988, relating to Floor Space Ratio and External Wall Height, on the grounds that the proposed development is consistent with the objective of the clause 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/124/2009 for permission to carry out alteration and additions to the rear of the existing top floor unit (SEPP 1 objection to Floor Space Ratio and Maximum Building Height controls) at 3/107 Arden Street, Coogee, subject to the following conditions:

 

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

 

1.       The development must be implemented substantially in accordance with the plans numbered DA01 – DA03, Issue A, dated 08.09.2008, received by Council on 2nd March 2009, and DA04 – DA07, Issue B, dated 08.09.2008 and received by Council on 23rd June 2009, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

2.       The colours, materials and finishes of the external surfaces to the additions are to be compatible with the existing residential flat 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.

 

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

 

3.       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.

 

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:

 

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

 

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

 

5.       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.

 

6.       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 Act1979 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

 

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

 

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

 

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

 

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

 

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

 

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.

 

8.       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 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.

 

9.       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”.

 

10.     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.

 

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

 

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

 

12.     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.

 

13.     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.

 

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

 

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

 

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

 

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

 

Structural adequacy

15.     A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to issuing a construction certificate, which certifies that the structural adequacy of the existing building to support the new work.

 

Construction site management

 

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

 

·           Australian Standard 2601 (2001) – Demolition of Structures

·           Occupational Health and Safety Act 2000

·           Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

·           WorkCover NSW Codes of Practice and Guidelines

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

18.     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.

 

19.     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.

 

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

 

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

 

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

 

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

 

g)     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.

 

h)     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.

 

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

 

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

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

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

 

Fire safety

 

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

 

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

 

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

 

2)       Install a smoke detection and alarm system throughout Unit 3 building in accordance with specification E2.2a 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.

 

b)     All new building works (including the proposed alterations/additions) must satisfy the relevant performance or deemed-to-satisfy provisions of the Building Code of Australia.

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

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

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

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 September 2009

 

 

 

Development Application Report No. D52/09

 

 

Subject:                  21 Camira Street, Maroubra

Folder No:                   DA/424/2009

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Erection of Carport and new masonry/metal infill front fence

 

Ward:                      Central Ward

 

Applicant:                Classic plans

 

Owner:                         M Falzon

 

Summary

Recommendation:     Refusal

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination as the owner of the property is an employee of Council.

 

The application details the erection of a new carport to the front of the property, a storage shed behind the carport and a 1800mm high masonry and metal infill front fence.

 

The main issue is the impact of the carport and fencing upon the existing streetscape.

 

The application is recommended for refusal.

 

2.    The Proposal

 

The application details the erection of a masonry pillar tile roof carport having dimensions 5.93m x 5m and overall height of 3.750mm within the existing driveway, sited up to the northern side boundary and up to 1200mm from the front boundary, a storage shed behind the carport and alterations to the existing masonry dwarf wall to increase the height of the piers and install metal palisade between the piers having a total overall height of 1800mm.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the eastern side of Camira Street and has a frontage of 8.505m, depth of 39.2m and a site area of 310m. The site falls from the street to the rear.

 

At present on site there is an existing two storey semi detached dwelling. The locality is residential in nature and contains a mixture of semi detached and free standing dwellings.

 

4.    Community Consultation

 

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

 

5.    Technical Officers Comments

 

The application has been referred to Council’s Development Engineers for comment and the following comments have been provided;

 

The submitted plans propose a double carport to be constructed at the front of the property between the existing house and the street property alignment.

 

An analysis of car sweeping paths using Australian Standard 2890.1:2004 has demonstrated that manoeuvring a car in and out of the southern carspace will not be possible unless the vehicle crossing is widened significantly at the property alignment. Development Engineering has calculated that it would need to be widened to approximately 4.0m for it to accommodate the B85 percentile car template in Australian standard 2890.1:2004. This represents approximately 47% of the property’s street frontage and is significantly higher than Council’s standard of 35%. It is understood that this also worsens the planning issues of the proposal

 

Development Engineering therefore does not support the application as it does not comply with Australian Standard 2890.1:2004 in regards to car sweeping paths into the southern carspace.

 

 

 

6.    Relevant Environmental Planning Instruments

 

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

 

7.    Environmental Assessment

 

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

 


Development Control Plan – Dwelling Houses and Attached Dual Occupancies

Clause

Standard

Check

y/n

Landscaping

40 % of site provided as landscaped area

34%

No, see comments below

25m² of private open space provided.

No change to private open space in rear yard area

Yes

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

No change to dimensions of private open space in rear yard.

Yes

Open space behind the building line.

Yes

20% of the site area is permeable.

30%

Yes

 

At present the area of the site provided as landscaping represents 38% of the site area and the proposed increased in width of the driveway to accommodate the carport will reduce the landscaped area to 34%. There are no major objections to the reduction of landscaped area as it is not significant and the main area of private outdoor living area in the rear yard remains unaltered and the total area of landscaping is almost all soft landscaping.

 

 

Garages & Driveways

 

 

 

 

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

2 spaces

Yes

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

Combined 5m x 5.93m

Yes

Driveway minimum width of 3m and side setback 1m

3m and up to side boundary, existing driveway

There are no major objections to the driveway being up to the side boundary as the driveway is existing

Driveway maximum width of 3m at the boundary.

3m, existing driveway

Yes, however it is noted that the driveway width may need to be increased if the application is supported to facilitate manoeuvring a car into the southern side of the carport.

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

At grade, existing driveway

Yes

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

The proposed carport is sited to the front of the dwelling up to 1200mm from the front boundary, see comments below.

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

60%

No, see comments below

 

The current streetscape is relatively open with the eastern side of Camira Street characterised by open front yard areas which in some instances includes driveways providing off street parking. This proposal details the erection of a carport within the front yard of the dwelling sited up to the northern side boundary and up to 1200mm from the front boundary. The erection of a carport of this width in this location in combination with the new front fencing will not satisfy the objectives and performance requirements of the DCP as the structures will dominate and detract from the appearance of the dwelling and will interrupt the streetscape continuity of existing low front fences and open garden areas, and  set a poor precedent for inappropriate structures to the front of properties.     

 

 

Fences

The objectives and performance requirements of the DCP seek to ensure that front fencing is integrated with and compatible with the established local fence form.

 

No, see comments below

 

The alterations to the existing front fence to raise the overall height of the fence to 1800mm does not integrate with the established local fencing form as within this section of Camira Street the fencing is characterised by being low scale dwarf masonry walls of up to 600mm in height.

 

 

 

Main Issue

The main issue is the impact that the erection of a new carport and high front fence to the front of the property will have upon the established streetscape character.

 

This section of Camira Street is characterised by open garden areas in front of the group of semi detached dwellings which are setback from the street alignment between 5.8m and 6m. The existing gardens and the open areas between the dwellings and the footpath area collectively define the street and make a positive contribution to the streetscape setting. The erection of a double carport occupying 60% of the width of the site and increased front fence height to 1800mm will significantly detract from this setting. It is noted that there are three examples of garages erected between the dwellings and the front boundary on the opposite side of the street which significantly detract from the appearance of those dwellings and do not provide for a precedent that should be encouraged and an argument that the streetscape character has already been compromised cannot be sustained. 

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal to erect a new carport and front fencing to the property does comply with the relevant assessment criteria and the objectives and performance requirements of the Development Control Plan for Dwellings and Attached Dual Occupancies in that these will detract from the established streetscape character and the appearance of the dwelling in the streetscape.

 

For these reasons the application cannot be supported and is recommended for refusal.

 

Recommendation

 

That Council as the consent authority refuse development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application 424/09 for permission to erect a double carport and new fencing at 21 Camira Avenue, Maroubra, for the following reasons:

 

1.        The proposed carport does not satisfy the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in that the siting of the structure to the front of the dwelling and up to 1200mm from the front boundary will detract from the appearance of the dwelling and the established streetscape character.

 

2.        The proposed carport does not comply with the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies in relation to Building Setbacks as it does not conform to the dominant setback along the street.

 

3.        The proposed new front fencing does not satisfy the objectives and performance requirements of the DCP for Dwellings and Attached Dual Occupancies as it does not integrate with the established fencing form.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 September 2009

 

 

 

Development Application Report No. D53/09

 

 

Subject:                  6/29 Melrose Parade, Clovelly

Folder No:                   DA/442/2009

Author:                   Perry Head, Environmental Planning Officer     

 

Proposal:                     Enclosure of a balcony to a residential flat building

 

Ward:                      North Ward

 

Applicant:                A Gibbs

 

Owner:                         Owners Corporation SP 2031

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The application is referred to the Planning Committee for determination as it proposes the enclosure of an existing balcony to the building which increases the floor area of the building that already exceeds the floor space ratio standard stipulated in Randwick Local Environmental Plan (RLEP) 1998 by more than 10%. The applicant has submitted a SEPP 1 objection to the relevant development standard to address the non-compliance.

 

This report demonstrates that the relevant objectives and performance requirements of the DCP for Multi Unit Housing Development has been achieved in that the enclosure of this balcony will not result in any unreasonable adverse impacts upon the amenity of the other occupiers of the building or the adjoining dwellings and the character of the locality in general.

 

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

 

2.    The Proposal

 

The proposal seeks consent to enclose the existing balcony to unit 6 with metal frame windows and roof to enlarge the area of sheltered habitable living area for the occupants. An existing set of windows and door between the balcony and the living room are to be removed. The enclosure of the balcony will provide for 8.96m of additional floor area to the building.

 

3.    The Subject Site and Surrounding Area

 

The subject site is on the southern side of Melrose Parade on the corner of Thorpe Street and contains a three storey multi unit housing development with 6 dwellings. The locality is residential in nature and contains a mixture of semi detached and free standing dwellings and other multi unit housing. Immediately adjoining the site to the east is a free standing dwelling, to the south is a multi unit housing building and directly opposite are free standing dwellings and multi unit housing development. The locality is within the Foreshore Scenic Protection Area.

 

4.    Site History

 

The building has been the subject of three previous applications to enclose balconies to other dwellings in the building, which where all approved;

 

Building Application BA/663/1991 for Unit 4,

Building Application BA/80/1981 for Unit 5 and,

Development Application DA/320/2000 for Unit 2.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP – Notification the following submission has been received.

 

Owner/resident of 5/29 Melrose Parade Clovelly:

Issues

Agreement is not given to the proposed balcony enclosure as there will be three different variations of balcony enclosure to this building. It is recommended to the body corporate that all the balconies be enclosed at the same time by the same company to maintain the integrity of the building.

 

 

Comment

The consent of the owner’s corporation has been given to the lodgement of the application.

The balconies that have been enclosed are of similar materials being light weight metal framing and windows, although they are not identical which probably reflects the different building materials available for use for each enclosure, given that they have all been carried out 10 years apart. There are no objections to this balcony enclosure on aesthetic grounds as the light weight nature of the materials used is consistent with the existing balcony enclosures. A condition of consent is recommended to ensure the compatibility of the balcony enclosure.

 

6.    Relevant Environmental Planning Instruments

 

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

 

6.1    Randwick Local Environmental Plan 1998

The proposal is consistent with the general aims of RLEP 1998 and the specific objectives of the zone in that the proposed balcony enclosure will enhance and compliment the aesthetic character, environmental qualities and social amenity of the locality. The following clauses of LEP 1998 are relevant to the proposed development:

 

Clause 11 – Zone No 2B (Residential 2B Zone)

The relevant objectives of Zone No 2B are:

 

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

 

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

 

The proposal will not detract from the environmental qualities of the area and will improve the functionality of the subject dwelling without compromising the amenity of surrounding dwellings. The proposed enclosure of the balcony will result in a development that has a bulk and scale that is commensurate with the surrounding development. As such, the proposal is considered to satisfy the relevant zone objectives.

 

Clause  29 Foreshore scenic protection area

This clause in subclause (3) states that Council may only grant consent to development after it has considered the probable aesthetic appearance of the proposed building in relation to the foreshore. The proposed enclosure of the existing balcony will not have any impact upon the aesthetics of the building or prominence of the building in relation to the foreshore as the enclosure is consistent with the other enclosed balconies to the building.

 

Clause 32 - FSR

Clause 32 of LEP 1998 states that a maximum floor space ratio for land zoned 2B is 0.65:1 and land zoned 2C is 0.9:1.  However, if the site is located on land zoned 2C and has less than a total site area of 700 m2, the floor space ratio is 0.65:1.

 

The existing building has an FSR of 1.01:1, which will be increased to 1.03:1 as a result of the balcony enclosure. This does not comply and the applicant has submitted a SEPP 1 objection to address this non-compliance. 

 

6.2      Draft Randwick Local Environmental Plan 2008

The Draft Randwick Local Environmental Plan 2008 had been placed on public exhibition. The relevant provisions of the Draft LEP are addressed as follows:

 

Clause

Provision

Proposal

Compliance

17

Zone No. 2B Residential B Zone

Multi unit development requires consent

The proposed land use is permissible with Council’s consent

Yes

33

Floor space ratios

(3) Sites within 2B Zone less than 700m2: 0.65:1

1.03:1

Does not comply- SEPP 1 objection submitted

 

State Environmental Planning Policy No.1 – Development Standards

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

 

The proposal seeks to vary a development standard contained with Randwick Local Environmental Plan 1998 within Clause 32 in relation to Floor Space Ratio.

 

SEPP 1 objections must clearly articulate the underlying and stated objectives of the standard, demonstrate there are no adverse environmental impacts, and must be consistent with the local planning objectives for the locality and the objects of the Act.

 

This approach was reinforced by Justice Lloyd in Winten Property Group Limited v North Sydney Council (2001) NSWLEC 46 where he asked the following questions of the SEPP 1 objection which will form the basis of this development application’s assessment of the SEPP 1 objections:

 

First, is the planning control in question a development standard?

Yes, the planning control is a development standard contained within Council’s Local Environmental Plan 1998.

 

Second, what is the underlying object or purpose of the standard?

The purpose of this clause 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.

 

Third, is compliance with the development standard consistent with the aims of the Policy, and in particular does compliance with the development standard tend to hinder the attainment of objects specified in section 5(a)(i) and (ii) of the EP&A Act?

The proposed development is not inconsistent with the purpose of the clauses, in that:

 

i.      The increase in floor space ratio will be minor and consistent in scale and form with the existing building and nearby developments in the street;

ii.     The additional floor space is restricted within the existing building footprint and will not be highly visible when viewed from the street.

iii.     The additional floor space is set back sufficiently from adjoining properties and does not extend beyond the existing building footprint.

iv.    there will be no appreciable adverse impacts on the surrounding development and streetscape in terms of additional bulk and scale; and

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

The variation from the maximum FSR control is consistent with the aims of the SEPP No.1 and would not detract from the objects of the Act under Section 5 (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land.

 

Fourth, is compliance with the development standard unreasonable or unnecessary in the circumstances of the case?

The proposed enclosure of the existing balcony provides for 8.96m of additional floor area to the building. The balcony enclosure is confined within the building envelope, does not alter the existing building setbacks and will not unduly impact upon the privacy and solar access presently enjoyed by neighbouring residents. Therefore in this instance compliance with the Floor Space Ratio development standard is unnecessary and unreasonable in the circumstances of this case.

 

Fifth, is the objection well founded?

The applicant offers the following case for the objection:

The proposal slightly increases the floor space ratio beyond the standard limit but the benefits in terms of amenity, environmental performance and streetscape appearance outweigh any potential impacts and the proposal is consistent with the broad objectives of the Development Standard Clause 32 Randwick Local Environmental Plan 1998 for the following reasons:

1)     Three of the six balconies on the building are already enclosed, the neighbouring top floor (no.5) and the two below (No.s 2 and 4).

2)     Enclosing the balcony on No.6 would modernise and soften the look of the building from Melrose Parade and Clovelly Beach car park below. Since 3 other balconies have been enclosed, it would also improve the consistency of the look of the building from below.

3)     This proposal encloses a small balcony which cannot easily be used for recreation because it is too windy in the Clovelly microclimate at that height. Because of the wind and salt plants will not grow on it. There is already a spacious common garden at the rear of the building which is used for growing herbs and vegetables, for clothes drying and general enjoyment.

4)     The open balcony overlooks a neighbour’s backyard (31 Melrose Parade) and enclosing it would contribute to their privacy and would reduce noise to them as well as to other occupants of No.29 Melrose Parade. It also increases the privacy of unit 6.

5)     The building does not require air conditioning to cool is because of the sea breezes, but does need heating in the winter for the same reason. The proposed enclosure actually increases the access of winter sun to living areas and dramatically reduces the need for heating during the day. It also maximises natural light and provides better cross ventilation in line with the Key Design Principles of “Randwick Council Design Ideas for Rejuvenating Residential Flat Buildings” Nov 2006 Manual.

 

Comment: The applicant’s grounds for objection are considered to be sound.

 

7    Policy Controls

7.1 Development Control Plan – Multi-Unit Housing

The DCP for Multi-Unit Housing 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. 

 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Density

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

 

The enclosure of the balcony will not substantially increase the bulk and scale of the building and will result in a building which is still compatible with the adjoining development in Melrose Parade and surrounds. 


 

Performance Requirement

Preferred Solution

Compliance

(Whether proposal meets Performance Requirements or Preferred Solutions.)

Privacy

P1  Visual Privacy

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

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

The enclosure of the balcony will not reduce the existing levels of privacy to the adjoining properties as the area of the balcony is not being increased.

P3  Acoustic Privacy

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

 

Enclosure of the balcony will improve acoustic privacy and transmission of noise by providing attenuation to any noise emanating from the use of the balcony and adjoining living area.

View Sharing

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

 

The balcony enclosure is modest in scale and will not adversely impinge on views to and from the subject site or adjoining sites as the views to ocean are primarily to the east. 

 

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

.

 

See above.

P3 Buildings are aligned to maximise view corridors between buildings.

 

Viewing across the site to the south is not substantially blocked by the balcony enclosure.

 

There is a note in this DCP that the piecemeal enclosure of balconies on buildings in particular where a precedent on existing buildings does not exist is strongly discouraged. There are no major objections to the enclosure of the balcony in this instance as there are already three enclosed balconies to this building and provided that the balcony enclosure is of materials consistent with the others it will not detract from the appearance of the building. A condition of consent to this effect is recommended.

 

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.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 4:         Excellence in urban design and development.

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

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

That the application to enclose the balcony to Unit 6 will not result in any impacts upon either the amenity of any adjoining residents and will not detract from the appearance of the existing building in the streetscape.

 

Recommendation

 

A.        That Council support the objections under State Environmental Planning No. 1 (SEPP No.1) in respect to non-compliance with Clause 32 of the Randwick Local Environmental Plan 1988, relating to Floor Space Ratio, on the grounds that the proposed development is consistent with the objective of the clause 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/442/2009 for permission to enclose the balcony to dwelling no. 6/29 Melrose Parade, Clovelly (SEPP 1 objection to Floor Space Ratio and Maximum Building Height controls) subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered 0902/DA-01 & 0902/DA-02 Issue A, dated June 2009 and received by Council on the 3rd July 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 balcony enclosure are to be consistent with the other existing balcony enclosures to the building.

 

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.

 

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

 

3.       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.

 

4.       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.

 

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

 

6.       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.

 

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

 

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

 

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

 

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

 

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

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

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

 

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

 

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

 

10.     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.

 

11.     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.

 

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:

 

12.     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.

 

13.     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.

 

14.     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.

 

15.     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.

 

16.     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. 

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

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

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

 

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

 

A1      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.

 

A2      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the certifying authority.

 

 

Attachment/s:

 

Nil

 

 


Planning Committee

8 September 2009

 

 

 

Development Application Report No. D54/09

 

 

Subject:                  2A Eyre Street, Chifley

Folder No:                   DA/452/2009

Author:                   Louis Coorey, Environmental Planning Officer     

 

Proposal:                     Construct attic store room above existing garage

 

Ward:                      South Ward

 

Applicant:                Mr G G Hawke

 

Owner:                         G & J Hawke

 

Summary

Recommendation:     Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The proposed development is for the construction of an upper level attic/store atop an existing garage located at the south-western rear end of the subject site. The application has been referred to Council at the request of the General Manager.

 

The proposed development results in non compliances with a number of preferred building design solutions under the Dwelling Houses and Attached Dual Occupancies DCP such as external wall heights for outbuildings, floor space ratio, visual and acoustic privacy and side and rear boundary setbacks. It is nevertheless considered that these are minor and do not result in any adverse impacts on the amenity of the neighbouring properties or the streetscape.

 

In particular, the proposed development is located at the rear of the site and does not present an obtrusive structure along any of the adjoining neighbours principal areas of private open spaces. Further, the longest portion of the proposed development at the rear elevation adjoins a garage at No. 59 Caley Street which is the only site which may be potentially impacted in terms of overshadowing. Whilst it is acknowledged that some overshadowing will be cast onto this neighbours rear yard, solar access will be maintained to the majority of the neighbours rear yard for the majority of the day between 9am and 3pm during the winter solstice which complies with Councils preferred solutions under the DCP for Dwelling Houses and Attached Dual Occupancies with regard to overshadowing and solar access.

 

The proposed development will also result in a non complying floor space ratio of 0.76:1 (221m2) having regard to the DCP’s preferred FSR solution of 0.65:1 (189.5m2). It is noted that the existing floor area is already over the FSR measuring 194.8m2 and representing an FSR of 0.67:1. The proposed development results in further non compliance however, it is considered acceptable on the basis that the additional bulk is has been stepped away from the street and the adjoining neighbours along Eyre Street and 54 Mitchell Street.

 

The proposed development includes a dormer window, which has the potential for overlooking into the rear yard and living areas of the neighbouring property at No 54 Mitchell Street. Although the neighbour has not made any submission, it considered appropriate that a condition be included should the application be approved requiring an effective sill height of 1.5m to the north east facing dormer window.

 

Overall, it is considered that the proposed development incorporating an upper level attic/storage area has been designed appropriately, its external wall height is only increasing by approximately 1m, the floor to ceiling heights have been kept to a minimum whereby a 2.1m height is obtained over only 27.06m2 of the upper level rather than the nominal floor area of 40m2.

 

Overall, it is considered that the proposal as a whole represents an acceptable form of development whereby the non-complying external wall height, floor space ratio and set back solutions will not result in any significant adverse impacts on the adjoining properties or the streetscape.

 

The application is recommended for approval subject to conditions.

 

2.    The Proposal

 

Construct attic store above and existing garage located at the western end of the subject site. The photo below shows the existing garage in red brick and the adjoining garage located at the eastern side of the adjoining site at 59 Caley Street. The existing garage has an external wall height of 3.5m along the western boundary adjoining the eastern boundary of 59 Caley Street. The proposed upper level addition will add approximately 1 metre to the external wall height resulting in a total wall height of approximately 4.3m. The hipped and gable roof form will attain an overall height of 5.9m.

 

3.    The Subject Site and Surrounding Area

 

The subject site is located one allotment south of the north eastern corner of Mitchell and Eyre Streets. Its frontage is runs along the western side of Eyre Street. The site contains a two storey dwelling and attached garage which is attached to a similarly configured garage and two storey dwelling approved under DA/441/1994. The subject site also contains a pre-existing garage at its southern boundary which is the subject of this application.  The site is regular in shape, with a long 22.55m and a side depth of 12.995m. The site has overall area of 291.5m².  Neighbouring the property to the south is a similar garage (as shown in the photo above) whose main single storey dwelling fronts Caley Street.  The surrounding area is residential in character and consists predominantly of various single and double storey detached residential dwellings. Figure 1 is an aerial view of the subject site and surrounding area.

 

4.    Site History

 

DA/441/1994, approved the construction of a two storey attached dual occupancy and land subdivision into two allotments at 56 Mitchell Street. The subject site (2A Eyre Street) was the result of the subdivision certificate approval endorsed under (SC/31/1995). It is noted that the applicant has incorrectly referred to the proposed development as a dual occupancy, however given the subdivision; the subject site is the southern allotment containing only a single dwelling and does not form the other half of a dual occupancy.

 

5.    Community Consultation

 

The proposal has been notified in accordance with the DCP - Public Notification. The following submissions were received:

 

5.1 Objections

 

Owner/resident - 57 Caley Street Chifley (adjacent to the south-western corner of the subject site)

Issue

Comment

Obscure light into back yard, washing line and pool

The proposed development will not result in overshadowing onto the objectors site from between 9am and 3pm during the winter solstice.

 

Overlooking into the back yard

The proposed development does not have any windows which face onto the objectors yard. The proposed development has windows that face the rear yard of the subject site and the street.

 

The existing garage is sited along the fence line

The existing garage which is the subject of this application for development is not being altered except for the inclusion of a stairwell. It is noted that this garage was approved for retention under the Development application approving the occupancies and subdivision under DA/441/1994.

 

 

Owner/resident – 59 Caley Street Chifley (at the rear of the subject site)

Issue

Comment

Obscure light into back yard and washing lines

The proposed development complies with Councils Performance requirements in respect to maintaining at least three hours of solar access to the neighbouring properties habitable room windows and rear yards. Whilst the majority of the overshadowing will occur in the morning, there will still be a significant portion of the objector’s rear yard which received solar access during the morning period and the rest of the day during the winter solstice.

The subject site has a family living upstairs and a family living downstairs

This application is only for the construction of an attic store above an existing garage. An appropriate condition is included restricting its use as ancillary to the single residence and not to be used for separate occupation by way of residential or commercial use.

The garage adjoins two fence lines.

The existing garage was approved for retention. In respect to the proposed development there are no major concerns given the extension will not adjoin the neighbouring properties principal areas of private open space as it is located adjacent to the objectors garage.

 

6.    Master Planning Requirements

 

The requirements of clause 40A of the RLEP 98 do not apply to the application as the subject site area is less than 4000m².

 

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.

-          Environmental Planning and Assessment Act 1979 as amended.

-        Development Control Plan - Dwelling Houses and Attached Dual Occupancies.

-        Building Code of Australia.

 

(a)    Randwick Local Environmental Plan 1998

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

 

Clause 10 2A Zone

 

The proposal is consistent with the 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 objectives of Zone No 2A are to maintain the character of established residential areas. Eyre Street exhibits numerous garages, the majority of which are single storey; however the opposite side of the street contains a single level garage with a large roof above which would upon observation rise to over 5 metres.  Whilst the proposed development has an additional storey, it is considered to have limited the bulk by setting it back from the front and limiting the increase to the external wall height by only 1 metre above the existing external wall height. It is considered that these design elements have significantly reduced the bulk and scale of the upper level attic/store and resulted in the additional bulk limited mostly to the gable roof form lessening its visual impact to the street as well as limiting the loss of solar access to the rear yard of the adjoining site at No. 59 Caley Street.

 

In terms of the subject proposal, it is considered the proposal whilst not being indicative of most garage developments within the locality, will still attain the aims and the objectives of the LEP in that it will not compromise the amenity of the surrounding residents or result in significant incompatibility with the dominant character of the area along Eyre Street or the locality.

 

Draft Environmental Planning Instruments - Draft Local Environment Plan 2007 (draft LEP 2007)

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

 

7.1 Policy Controls

a.    Development Control Plan No. 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. 

Floor Area

The Objectives and Performance Requirements of the DCP are that developments are not excessive in bulk or scale; are compatible with the existing character of the locality; and minimise adverse effects of bulk on neighbours and the street.

 

Preferred Solution

Assessment

S1

The preferred solution for an allotment of this area (291.5m2) is that a maximum floor space ratio of 0.65:1 applies. 

The proposed FSR is 0.76:1. Does not comply see assessment below.

There are no major objections to the non-compliance with the preferred floor space ratio solution on the basis that the proposed density of the attic can be accommodated on the site and will provide good amenity to residents without impacting significantly or unreasonably on the amenity of adjoining residents with respect to loss of privacy and overshadowing which are generally indicative of the adverse impacts of excessive floor space.

Height, Form & Materials

The Objectives of the DCP are that developments should not be excessive in height and scale and be compatible with the existing character of the locality; to ensure impacts in terms of privacy, natural light and views are minimised; and with respect to additions that they not detract from the individual character and appearance of the existing dwelling.


 

Preferred Solution

Assessment

S1

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

No, the proposed attic addition has an external wall height of 4.3m which does not comply with the preferred 3.5m maximum under the Dwelling Houses and Attached Dual Occupancies DCP. There are no objections given rear elevation is opposite another garage on the adjoining property at No 59 Caley Street. In addition, it adjoins the rear most sections of neighbouring properties and not their principal areas of private open spaces, Further, the primarily northern southern axis of the garage means that the overshadowing will only affect the rear yard of No. 59 Caley Street in the morning time from between 9am and 11am only and the rest will largely be cast onto the street.

S3

No excavation within 900mm of a side boundary.

Not applicable.

S3

No excavation within 4m of a rear boundary.

Not applicable.

S4

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

The entire southern elevation of the proposed dwelling is 4.5 metres from the south eastern front boundary at first floor level. Complies.

Building Setbacks

The Objectives and Performance Requirements of the DCP seek to ensure that there is adequate access to sunlight, daylight and fresh air to building occupants and neighbours; and with respect to front boundary setbacks the proposal generally conform to the adjoining development or dominant streetscape.

 

Preferred Solution

Assessment

S1

Front setback is average of adjoining dwellings or 6m.

The proposed attic addition is setback a small distance from the Eyre Street alignment however it generally consistent with the setbacks of adjoining dwellings. Complies.

S2

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

Setback along the existing garages rear setback. Does not comply. No objections as the proposal will not result in any significant adverse impacts on the adjoining and nearby neighbours having regard to access to sunlight out of keeping with Councils preferred solutions for limiting overshadowing, or any significant obtrusive elements adjoining the neighbouring properties.

S3

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

Not applicable.

S3

Side setbacks be 1.5m at second floor level.

The proposed addition is set back 1.7m from the front side boundary which complies, however the proposed upper addition is only setback 800mm from the side boundary adjoining 54 Mitchell Street, which does not comply.  however, given the non compliance is adjacent to the rear most section of the neighbours yard and does not adjoining their principle area of private open space and were it required to be setback the preferred 1.5m it is not considered that there would be any appreciable benefits to the neighbouring properties having regard to solar access. Overall, the non complying side boundary setback does not result in any significant overshadowing or in any significant adverse impact on adjoining properties in terms of privacy or solar access and it is considered the proposed setback on the attic/storage level is acceptable and satisfies the objectives and performance requirements of the DCP-Dwelling Houses.

S3

Side setbacks be 3.0m at third floor level.

Not applicable.

Visual & Acoustic Privacy

The Objective of the DCP is to ensure that new buildings and additions meet the occupant and neighbours requirements for visual and 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 includes the use for an attic and storage area. No windows are proposed to the rear south western or side north western elevations. The proposed windows include a dormer

 

 

 

 

S2

 

 

 

 

 

S3

 

 

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

 

 

 

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

facing the rear of the subject site and windows facing Eyre Street.

In respect to the former, the window attached to the dormer has the potential to result in overlooking into the rear yard and rear windows of the neighbour at No 54 Mitchell Street. A condition is included in the recommendation to address this issue. The condition requires the effective sill height of this window to be raised to a minimum height of 1.5m above the upper floor level.

There are no concerns regarding the remaining windows at the south eastern elevation as they overlook the street.

Solar Access and Energy Efficiency

The overall Objectives of the DCP seek to ensure that development promotes and has regard to the concept of Ecologically Sustainable Development. In this respect the objectives promote energy efficiency in design and construction; encourage the use of appropriate resources and passive solar design; and protect solar access enjoyed by the adjoining premises.

 

Preferred Solution

Assessment

S2

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

The rear yard will not be affected by the proposed development. 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.

The proposal includes northerly-facing windows that will receive at least 3 hours of sunlight. 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 solar collectors on adjoining properties. Complies.

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 not reduce solar access to less than 3 hours on north-facing windows. Complies.

S9

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

 

The proposal will not reduce solar access to private open space to less than 3 hours. Complies.

 

7.2 Council Policies

Section 94 Contributions plans

This application is EXEMPT from a levy under Council’s s94A Development Contributions Plan as it falls into the category of development with a cost of works less than $100,000.

 

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.

 

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

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

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

        or

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

 

Given that the proposed detached upper level addition to the garage does not contain any ‘dwellings (as defined under the Environmental Planning and Assessment Act and Regulations), the proposed development is not a ‘BASIX affected development’ and therefore does not require the submission of a BASIX certificate.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:  Excellence in urban design and development.

Direction:  Improved design and sustainability across all development.

 

Financial Impact Statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposal complies with the relevant assessment criteria and the objectives and performance requirements of the DCP – Dwelling Houses and Attached Dual Occupancies and will not result in any unreasonable or adverse impacts upon either the amenity of the adjoining premises or the character of the locality.

 

In particular, the design of the attic does not significantly increase the scale of the building in Eyre Street as it is setback slightly from the front elevation. The configuration of the attic addition on a north south axis means that overshadowing will be cast mostly onto the street and not onto neighbouring properties. In addition, the first floor addition will not present a dominating influence onto the existing dwelling on site or be out of place with another significant garage structure on the opposite corner. Further, the long site frontage means that there will be adequate separation between the existing two storey dwelling and the proposed development.

 

Overall, there would be no public benefit in ensuring compliance with the building design guidelines regarding external wall heights of outbuildings or floor space ratio on the basis that the proposed attic addition does not result in any adverse impacts on the amenity of neighbouring properties or the streetscape. The proposed development is therefore considered acceptable and recommended for approval.

 

The application is recommended for approval subject to conditions.

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/452/2009 for permission to construct an attic/store upper level above existing garage at 2A Eyre Street, Chifley, 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 35/09, dated 19 June 2009 and received by Council on 8 July 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 adjacent development to maintain the integrity and amenity of the building and the streetscape.