Extraordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 6 October 2009

 

 

 

 

 

 

 

 

 

Administrative Centre 30 Frances Street Randwick 2031

Telephone: 02 9399 0999 or

1300 722 542 (for Sydney metropolitan area)

Fax:02 9319 1510

general.manager@randwick.nsw.gov.au

www.randwick.nsw.gov.au


 

 

 

 

 

 

 

 

 

 

 

 


Ordinary Council

6 October 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

Extraordinary Council Meeting

 

Notice is hereby given that an Extraordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday, 6 October 2009 at 6:00pm.

 

 

Prayer and Acknowledgement of the local indigenous people

Prayer

Almighty God,

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

Amen”

 

Acknowledgement of the local indigenous people

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

 

Apologies/Granting of Leave of Absences 

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

Nil 

Urgent Business

General Manager's Reports

GM48/09    1406-1408 Anzac Parade, Little Bay

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager

 


Ordinary Council

6 October 2009

 

 

 

General Manager's Report No. GM48/09

 

 

Subject:                  1406-1408 Anzac Parade, Little Bay

Folder No:                   DA/81/2009

Author:                   Sima Truuvert, Director City Planning     

 

Introduction

 

A development application by CHOF5 Little Bay (Charterhall) was lodged with council on 13 February 2009 for the former UNSW site at Little Bay. The application is for stage 1 (concept approval), site remediation, bulk earthworks, infrastructure and services works, demolition of all structures on site, associated landscaping and subdivision of the site into 28 residential lots and 10 super lots comprising approximately 450 dwellings on the site of the former UNSW sporting field. The applicant is also proposing to enter into a voluntary Planning Agreement with council for four affordable housing dwellings.

 

The application was advertised and notified in accordance with the provisions of the Environmental Planning & Assessment Act (EP&A Act).

 

The application is subject to a deemed refusal appeal by the applicant at the Land and Environment Court.

 

Issues

 

In September, 2007 Council determined a stage 1 development application for the site (lodged by the UNSW) for the subdivision of the site into 149 lots and the creation of open space and the protection of ochre and as Eastern Suburbs Banksia Scrub within the site.

 

Subsequent to this the land was sold to CHOF5 (Charterhall). The owner lodged the current stage 1 application for the subdivision of the site which could provide for approximately 450 dwellings.

 

An assessment report was prepared by Council’s Assessment Officer for 8 September 2009 Planning Committee Meeting (Copy attached). I asked for a peer review of the assessment to ensure that a rigours and robust consideration of issues had been undertaken.

 

The peer review was undertaken by Mr Stuart McDonald (copy of the report attached). Mr McDonald has extensive experience in Local Government Planning and was the Director of Planning at Leichhardt, South Sydney and the City of Sydney.

 

Mr McDonald concluded that Council has conducted a “thorough assessment of the relevant issues and potential impacts”. However, in determining the application, Mr McDonald has recommended that the built form controls on Lot 6 be amended to include a 5th floor setback and that an additional condition in relation to the dedication of future public open space be included. These conditions have been included in the Assessment Officer report’s recommendation.

 

I note the site is zoned special uses, which allows both multi-unit and dwelling houses. I also note that more than one application could be lodged and determined for a site and varying yields could be achieved within a site.

 

Given the differences in the number of approximate dwellings between the two applications, I want to make sure that there has been integrity in the process of assessment. I intended to undertake a probity audit of the process before reporting the application to Council.

 

I had considered Mr Bingham Council’s Chair of Audit Committee to undertake the task. Mr Bingham is currently on leave and will be able to undertake the task after the 12 October, 2009.

 

However, the land & Environment Court has directed that Council statement of basic facts and contentions to be filed by 9 October 2009. Thus the matter needs to be determined so that Council’s legal team (Marsdens) can proceed on the basis of a clear direction from the Council.

 

Despite above, I consider that a probity audit of the application will be appropriate in this instance. Mr Bingham will be undertaking the task and I will report this back to Council.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 1:       Leadership in sustainability

Direction 1b:      council is a leader in the delivery of social, financial and operational activities.

 

Financial impact statement

 

The cost of the audit is approximately $3,000, whilst appeal costs are budgeted for on annual basis.

 

Conclusion:

 

The attached Director of Planning report provides a detailed assessment of the application for Councillors consideration.

 

 

Recommendation

 

That Council’s determine the application.

 

 

Attachment/s:

 

1.

REPORT 1406-1408 Anzac Parade, Little bay

 

 

2.

1406 Anzac Pde Final Report from SJB Planning Pty Ltd

 

 

3.

Letter of offer dated 27 August 2009 from CHOF5 Little Bay Pty Ltd

 

 

 

 

 


REPORT 1406-1408 Anzac Parade, Little bay

Attachment 1

 

 

 

Development Application Report No. D60/09

 

 

Subject:                  1406-1408 Anzac Parade, Little bay

Folder No:                   DA/81/2009

Author:                   Frank Ko, Executive Planner     

Proposal:                     Stage 1 DA including built form controls, site remediation, bulk earthworks, infrastructure and services works, demolition of all structures on site, associated landscaping and subdivision of the site into 28 residential lots and 10 super lots

 

Ward:                      South Ward

Applicant:                CHOF 5 Little Bay Pty Ltd

Owner:                         CHOF 5 Little Bay Pty Ltd

Summary

Recommendation:     Deferred Commencement Approval

 

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

 

1.    Executive Summary

 

The subject application is referred to the Planning Committee as it is valued at approximately $44.5 million.

 

The development application is for a staged development pursuant to Section 83C of the Environmental Planning and Assessment Act 1979 (as amended) for Stage 1 concept plan for future residential development, bulk earthworks, provision of infrastructure, and subdivision of land into 28 single residential lots and 10 superlots.

 

Accordingly, any consent granted for the subject DA will be limited to:

 

(1)    Stage 1 concept approval for the development of land into residential lots with associated built form controls and open spaces. Construction of the proposed residential development will be the subject of future development applications to Council for subsequent stages pursuant to Section 83B(3) of the Environmental Planning and Assessment Act 1979; and

 

(2)    Remediation, bulk earth and infrastructure works including road construction, installation of utility services and stormwater management, landscaping and subdivision of the subject land into 28 single residential lots and 10 superlots.

 

The proposed gross floor area and envelope controls will allow a range and variety of dwellings types, including detached and attached housing and multi-unit apartments, to be constructed and achieving an overall yield in the order of 450 dwellings.

 

The proposal complies with the Randwick LEP 1998 being a permissible use in the Special Uses 5 zone. The applicant advises in the SEE that the application of the proposed built form controls will achieve a maximum FSR of 0.5:1 over the whole site thus complying with the maximum FSR control for residential development in Special Uses 5 zone under the Randwick LEP 1998.

 

The proposal was referred to the Department of Environment and Climate Change and Department of Water and Energy as Integrated Development under Section 91 of the Environmental Planning and Assessment Act 1979 (as amended) and General Terms of Approval have been received and applied as conditions of consent.

 

The subject site contains a significant registered Ochre Site currently harvested for use by Aboriginal communities and bushland containing Eastern Suburbs Banksia Scrub (ESBS). The Department of Environment and Climate Change has assessed and provided General Terms of Approval to ensure ongoing protection and maintenance of the Ochre Site and ESBS. Further, the La Perouse Local Aboriginal Land Council has also reviewed the subject application and agrees with the recommendations and proposed strategy for managing and protecting the Ochre/Miocene site.

 

The applicant is proposing to enter into a Voluntary Planning Agreement (VPA) with the Council regarding the provision of four affordable dwellings (i.e. 3 x 2 bedroom and 1 x 1 bedroom dwellings). The final details of the VPA are yet to be resolved, consequently there is a need to grant a deferred commencement development consent for the application to allow for the VPA to be executed prior to the consent becoming operable.

 

Overall, the subject application provides for a residential development with an acceptable design & layout and will result in a range of residential built forms distributed across the site, with associated envelopes, bulk, scale and height that will complement and integrate with the scale and character of existing surrounding residential development.

As the proposal is only a concept plan of development comprising indicative built form controls, it will have no immediate impact on the amenity of adjoining properties in terms of solar access, privacy and views. Notwithstanding this, an assessment of the potential amenity impacts that will be generated by the proposed built form controls and envelopes has been made. Overall, subject to appropriate conditions of consent, amenity impacts on nearby residents can be managed and minimised.

 

The recommendation is for deferred commencement approval subject to the voluntary planning agreement being executed.

 

2.    The Proposal

 

The proposal involves a stage 1 development application (Stage 1 DA) pursuant to Section 83C of the Environmental Planning and Assessment Act 1979 (as amended) for the following works:

 

      A set of built form controls (dwelling types, storeys, heights, setbacks, gross floor area, landscape areas) that will guide the form and character of building to be erected on the site (which are subject to separate and further development approval);

      Subdivision of the subject site into 28 residential lots and 10 ‘superlots’ with the potential to provide approximate yield of 450 dwellings;

      A number of open space areas;

      Site remediation, bulk earthworks and site regarding to create a newly defined ‘ground level’ as the basis for defining building heights for future built form;

      Protection for Eastern Suburbs Banksia Scrub (ESBS) and Ochre/Miocene sites;

      Civil infrastructure works including utility services, road design and construction, landscaping works in the public domain areas including street reserves and stormwater drainage;

      Construction of a new section of road opposite the northern access road linking the northbound and southbound carriageways of Anzac Parade; and

      Demolition of all existing buildings/structures on site.

 

The proposed subdivision plan (see Figure 1) will create the following allotments:

 

§  Proposed roads/streets;

§  10 allotments (Lots 12 to 21) ranging from 432.5m to 570m in area situated along the southern boundary of the site for 2 storey detached/semi-detached dwellings;

§  18 allotments (Lots 22 to 39) ranging from 459.7m to 522.5m in area located in the south-eastern portion of the site for 2 storey detached/semi-detached dwellings;

§  10 ‘superlots’ (Lots 2 to 11) which will be subject to separate and further approval for buildings and further subdivision for 2 to 5 storey detached/semi-detached/row housing/multi-unit housing development;

§  A number of open space areas including ecological and indigenous significance sites (i.e. Ochre/Miocene site and ESBS remnant).

 

All roads are to be dedicated to Council as public roads and open space parks to be dedicated to Council as public parks. The residential allotments will be held in Torrens or Strata Title. The central corridor including the Ochre/Miocene site and ESBS remnant will be held in Community Title under the Community Land Development Act 1989.

 

Access will be provided via an internal road system that will be linked to Anzac Parade via a primary access to Anzac Parade at the north-western section and a secondary access at the south-western section of the subject site.

Figure 1: Allotment Plan

 

3.    The Subject Site and Surrounding Area

 

The subject site is located on the eastern side of Anzac Parade in Little Bay. The legal description of the site is Lot 10 and 11 DP 1127716 (see Figure 2). The site has an area of approximately 13.6 hectares with a frontage to Anzac Parade of approximately 270m.

 

Figure 2: Subject site (Lots 10 and 11)

 

The land contains the following uses and features:

 

§  Former UNSW sporting fields and associated faculties on the western section;

§  Former UNSW Biological Research Centre and fire-damaged Solarch buildings;

§  A watercourse containing a registered Ochre and Miocene Site currently harvested for use by Aboriginal communities, the Little Bay Geological Site, and constructed dams in the central section; and

§  Small portion of ESBS remnant along the eastern boundary with the main ESBS remnant being located on the adjacent lot (i.e. Lot 12) which does not form part of the subject site.

 

The subject site is relatively level in the western section containing the sporting fields, falls steeply into a depression containing the Ochre Site and watercourse in the central portion, then sloping down gently west to east in the vicinity of the golf course.

 

Vehicular access to the site is provided from Anzac Parade at the north-western end of the site.

 

To the north is the existing Department of Housing low-medium density residential area, to the east are the greens and landscaped areas of the Coast Golf and Recreation Club, to the south is the Prince Henry development site, and to the east is Anzac Parade and low density residential development beyond.

 

4.    Site History

 

The subject land was formerly owned by the University of New South Wales (UNSW) and previously used for sporting fields and research by UNSW.

 

4.1      Recent Development Approval

 

A Stage 1 DA for the Community-title subdivision of the subject site into 149 residential allotments with associated building envelopes, carparking, roads and open space was approved at Ordinary Council meeting on 25 September 2007 subject to appropriate conditions, to ensure amongst other things, the protection and maintenance of the existing significant registered Ochre site and ESBS on the subject site as recommended by the Department of Environment and Climate Change.

 

In January 2008, a DA to subdivide the land known as Lot 1 DP 164309 into three separate Torrens Title allotments was approved under delegated authority. The details of the subdivided allotments are as follows:

 

§  Lot 10 – comprising the developable portion of the subject site with a total area of 11.42 hectares.

 

§  Lot 11 – located in the centre of the subject site and containing the central corridor, Miocene and Ochre site with a total site area of 2.171 hectares; and

 

§  Lot 12 – Adjacent to the eastern side of the subject site containing the ESBS remnant with a total area of 3.411 hectares.

 

A subdivision certificate application was approved under delegated authority on 13 June 2008 and the three allotments are now legally referenced as Lot 10, 11 and 12 DP 1127716.

 

A Stage 2 DA for bulk earthworks and remediation of land and demolition of all existing buildings on site was considered by Council at its Planning Committee meeting on 11 November 2008 where it was resolved to grant deferred commencement approval subject to conditions requiring the preparation and lodgement of a Construction Management Plan, a Plan of Management for the Ochre/Miocene sites, a Vegetation Management Plan for the ESBS remnant, a conservation agreement and details indicating an Asset Protection Zone. The deferred commencement conditions have not been satisfied and the consent has not been commenced.

 

In January 2008, Lots 10 and 11 were purchased by CHOF5 Little Bay Pty Ltd (Charter Hall) and Lot 12 remains in the ownership of UNSW.

 

4.2    Application History

 

A pre-lodgement application (PL/42/2008) was lodged on 12 November 2008 by the applicant for the proposed development on the subject site. Council’s advice was provided on 15 January 2009 which cited several key issues relating to subdivision layout, built form controls (i.e. dwelling type, building height, density, setback, and landscape), impacts on Ochre & ESBS sites and various engineering issues.

 

The subject application was lodged on 13 February 2009 and a number of key issues relating to the proposed built form controls, measures for the protection of central corridor & ESBS, concerns from the Department of Environment and Climate Change, and provision of affordable housing were raised.  As a result, the applicant provided additional supporting information to address the issues raised by Council. The additional information and original documents form the basis for the assessment in this report.

 

5.    Community Consultation

 

The proposal was advertised and notified from 25 February 2009 to 27 March 2009. Eight submissions were received in response to the notification/advertising of the subject application as follows:

 

5.1 Objections

 

La Perouse Precinct Committee

 

Issue

Comment

The DA is indeterminate as to what will be built on the proposed super lots. The proposal should detail the positioning, size, height, FSR, etc of the proposed buildings.

The proposal involves a staged DA that sets out concept plan for future residential development on the subject site. The proposal includes a set of built form controls (i.e. height, FSR, setbacks, landscaped area, etc) that define maximum building envelopes and will guide the future development within the subject site. All proposed future buildings on allotments created in the proposed subdivision of the site will be subject to the submitted built form controls, a detailed design process and further development assessment.

The positioning of the super lots leave insufficient setback from Anzac Parade. A long continuous high-rise wall close to Anzac Parade would be overbearing and aesthetically unacceptable.

The proposed setback of 5m from the Anzac Parade frontage is consistent with the setback required for the development within the Prince Henry precinct. Further, the design of the future buildings on allotments fronting Anzac Parade will be subject to a detailed design process and further development assessment.

 

 

Establishing high density so far from the CBD is bad town planning as it goes against sustainability principles.

The subject site is located in an area serviced by public transport and is in close proximity to shops, the university and the city via Anzac Parade. The site also enjoys high amenity in parks, beaches and golf courses. The redevelopment of subject site with a wide range of housing types and ESD commitments is considered to be consistent with the sustainability principles.  

 

Landcom

 

Issue

Comment

Landcom is concerned with the proposed transformation of the 0.34ha dam which extends across Lots 10 & 11 and land adjoining on the southern boundary. The transformation will result in a reduction in the aesthetic appeal of the dam and its surrounds.

Refer to drainage comments in Section 6.3 of this report.

Structural changes to the dam will disrupt the natural flow of water into the dam (runoff) and could lead to a significant decrease in the volume of water captured by the dam in the future.

The transformation of the dam is contrary to certain provisions within a deed made between UNSW and the Coast Golf & Recreation Club Ltd, dated 21 November 2007.

 

The Coast Golf and Recreation Club Pty Ltd

 

Issue

Comment

Concerns in respect of the location of proposed building on Lot 6 to the proximity of the fairway of 11th hole.

The implementation of a minimum of 12m building setback from the ESBS and eastern boundaries, provision of substantial landscaping along the southern boundary, the existing ‘golf hazards’ such as the dam (adjacent to the south-eastern corner of the site), ESBS rock shelf and rough areas, combined to form a buffer zone that will minimise the safety concerns. Notwithstanding, an appropriate condition is to be included in the consent requiring a safety analysis to be undertaken by a qualified consultant to ensure appropriate safety measures are incorporated in the design of the future buildings on Lot 6.

 

 

Safety concerns about creating the northern pedestrian passageway particularly around the 11th hole.

Similar to the above, an appropriate condition is to be included in the consent requiring the safety analysis of the pedestrian links from the development site through the golf course. The safety analysis is required to determine if the type and proximity of the development to the Coast golf Course and the identified pedestrian links would pose an unacceptable safety risk to pedestrians.

Disruption to the golfing activity during construction and remediation phase.

The proposed works are unlikely to cause any unreasonable disruption to the nearby golf activities as the associated construction works will be carried out wholly within the boundaries of the subject site. Further, appropriate conditions will be included to ensure all construction works are carried out in accordance with Council’s requirements and relevant building standards.

 

60 Gubbuteh Road

 

Issue

Comment

The density of 450 dwellings in the proposed plan is a substantial increase from the 149 dwellings in the current approved plan DA/264/2007. Further, the dwellings per hectare ratio is significantly higher than the Prince Henry Site. 

The subject proposal seeks the consent for a new development concept that will provide a wider range of housing choices for the community. In terms of the residential density, the subject application indicates a potential yield of 450 dwellings (i.e. 33 dwellings per hectare) but this yield/density is subject to a wide range of social and economic factors which may affect the total yield on the site. Prince Henry Masterplan was originally estimated to achieve an overall yield of 965 dwellings (i.e. 28 dwellings per hectare) but during the course of 5 years period until final approval, the total yield was reduced to 821 dwellings (i.e. 24 dwellings per hectare). It is considered that the comparison of density based on dwellings per hectare ratio at this concept stage would be inappropriate. Given that the proposed floor areas of the development complies with the LEP, the resultant dwelling per hectare ratio provide no relevant or useful assessment of residential density at this stage.    

 

 

 

 

The FSR of 0.5:1 based on land area of 135,962sqm, incorporating Lots 10 and 11, is misleading. Lot 11 is not developable land, and the development of 450 dwellings on Lot 10 alone will result in a FSR higher than 0.5:1.

The proposed FSR has been calculated in accordance with the relevant definitions of the LEP. Refer to Section 9.1.1 of this report. 

Council should impose a block-by-block FSR on the super lots to ensure new developments are in tune with the existing community.

The proposal provides a set of built form controls that define maximum building envelopes which will guide the future development within the subject site. The built form controls are supported by a set of urban design guidelines and statements as contained in the amended Little Bay Stage 1 Plan. Applying the built form controls, design guidelines and statements will ensure the future developments are compatible with existing development nearby.

 

 

The building proposed on Lot 6 with maximum of 18m in height is totally out of scale and out of character with the neighbourhood.

The height of the proposed building on Lot 6 is consistent with the maximum building height allowed for residential development within the Prince Henry Precinct (i.e. Lots 31 and 33b). The building typology and scale of the building on Lot 6 is discussed in Section 9.2.2.4 of this report. 

The proposed 5 storey building on Lot 6 will create major privacy concerns.

Privacy is unlikely to be an issue as the shortest distance between Lot 6 and the objector’s property at No. 60 Gubbuteh Road is approximately 100m.

The proposed southern exit raises safety concerns as it is only 120m from Gubbuteh Road.

The proposed southern access road will enhance the accessibility and permeability of the site. Further, the proposed southern access road is supported by the RTA and Council’s Development Engineer. 

The vicinity of the 5 storey building to Hole 10 and 11 of the Coast Golf Course also poses safety concerns.

Refer to comments above.

The proposed Section 94 contribution of 1% is out of line with Landcom’s contribution in the case of the Prince Henry development.

The 1% contribution is a requirement of Council’s Section 94A Contributions Plan. In addition, the proposed roads and parks will be dedicated to Council and the applicant has agreed to enter into a voluntary agreement for the provision of affordable housing.

 

Unit 410, 8 Jenner Street, Little Bay

 

Issue

Comment

The proposal does not appear to have the same level of public open spaces and community facilities as the Prince Henry development. 

The Prince Henry development provides approximately 15.8% of the developable site area as open space. The proposal will provide approximately 23% of the total site area as public open space, which is greater than the Prince Henry development.

The proposed density level is significantly higher than what was marketed. An increase in density will profit developers at the long term cost to the community.

Refer to comments above.

 

34 and 36 Gubbuteh Road, Little Bay

 

Issue

Comment

The inclusion of three blocks to the centre and eastern end of the development which are proposed to be five stories is not acceptable as these blocks are adjacent to the most sensitive plant, wildlife and geological environments on the site.

The location of the five storey residential buildings on Lot 6 on the eastern part of the site and Lots 7 & 8 on either side of the central corridor is considered to be appropriate having regard to their proximity to open space to increase passive surveillance and to provide greatest amenity to maximum number of future residents. Applying the built form controls and urban design guidelines will ensure appropriate protection of the ecological community and geological environments on the site.    

There are no articulation controls of the taller buildings to minimise the impact of their height.

The application provides a set of built form controls including GFA, setback, height and landscaped area that will guide the design of future buildings which will be subject to future detailed development assessment. 

 

The development of the 28 residential lots should be review by the Design Review Panel to ensure the design for these houses are of the highest quality.

The design of the future buildings on the 28 residential lots will be guided by the built form controls and urban design guidelines set out in the Stage 1 Plan.  There is no formal requirement for single dwellings to be referred to SEPP 65 Design Review Panel for comments.

There are no physical models or three-dimensional diagrams that show the visual impact of the proposed massing on the site. The site sections also avoid cutting through most of the 5 storey blocks.

The proposal is limited to stage 1 concept approval for the development of land into residential lots with associated built form controls and open space. As there are no physical building proposed at this stage, the preparation of physical building design modelling is unnecessary, however, three-dimensional images and cross sections provided in the Stage 1 Plan to illustrate the works for which consent is sought.

 

 

 

 

Unit 413, 8 Jenner Street, Little Bay

 

Issue

Comment

There are no provisions that would enhance the community services and facilities and is in stark contrast to the existing development on Prince Henry site.

The commercial and retail developments are prohibited in the subject zone. The proposed open spaces and roads will be dedicated to Council and will complement the community facilities currently available in the locality.

The proposal will create obstruction to existing views and overcrowding facilities (i.e. transport, road, retail shops) in Little Bay.

The proposed built form controls and design guidelines set out in the Stage 1 Plan for the five storey buildings on parts of the site will ensure significant views from neighbouring and nearby properties are retained. In addition, the future development on the subject site will be subject to a detailed design process and further development assessment.

 

In terms of additional traffic generation in Little Bay, a detailed traffic impact analysis has been prepared which demonstrates that anticipated traffic generation from the site will be adequately accommodated within the surrounding road network.

The proposal is likely to exacerbate the levels of crime and increase the strain on limited police resources in this area.

The proposal has been reviewed by the NSW Police and appropriate conditions will be included in the consent to ensure the design of future buildings is consistent with the Crime Prevention through Environmental Design principles.

 

47 Mawson Parade, Chifley

 

Issue

Comment

The DA checklist posted on the web site is incomplete, with details missing (i.e. contamination, flood study and signatures of applicant and customer service officer).

The DA checklist was checked and signed by the duty officer at the point of lodgement and was considered to be acceptable. The assessment officer is required to check the submitted information in detail and ensure the information is sufficient to make a proper assessment of the application during the assessment process.

Concerns with the remediation and no mention of flood study.

The site will be remediated to comply with Council’s requirements. The proposal has been designed to ensure the 100 year ARI event would be contained within the central corridor stormwater channel and would not contact the Ochre or Miocene site.

 

 

The proposed buildings works will negatively affect the property value and the environmental amenity of the area (i.e. increased traffic).

Property valuation is considered a complex issue because there are numerous factors that potentially can affect the monetary value of a property. These may range from the policy of financial institutions to the physical and locational conditions of a particular property and how these are shaped by personal perceptions and preferences of potential buyers and sellers in the market. As such, it is considered that, strictly speaking, the issue of property valuation is a matter that goes beyond the scope of matters of consideration under Section 79C of the Act.

 

The proposal provides a set of built form controls and urban design guidelines that will guide the future development on the subject site and will ensure the amenity of the neighbouring/nearby properties is maintained. 

No allowance for any commercial development.

Commercial development is prohibited in the subject zone.

The proposal will result in a major loss of sporting facility.

The sporting facilities on the subject site were owned by the UNSW and were not formally available for use by the public. However, the University is currently seeking to relocate these sporting fields. The proposal will replace the now redundant playing fields with public open space and ecological protection areas to be dedicated to Council. As such, it is considered that the proposal will provide greater facilities and recreational activities for public enjoyment.  

The proposed five storey building will be visually offensive and will obstruct parkland/ocean views.

The proposed built form controls and design guidelines set out in the Stage 1 Plan for the five storey buildings on parts of the site will ensure significant views from neighbouring and nearby properties are retained. In addition, the future development on the subject site will be subject to a detailed design process and further development assessment.

 

6.    Technical Officers Comments

 

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

 

6.1    Environmental Health Comments

 

The Environmental Health Services has assessed the application and raises no objection to the proposal subject to conditions. 

 

6.2    Building Services Comments

 

Council’s Building Surveyor has assessed the application and raises no objection to the proposal subject to conditions to ensure the demolition and bulk earth works are carried out in accordance with Council’s requirements. 

 

6.3    Development Engineers Comments

 

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

 

Drainage Comments

 

The applicant has provided a detailed stormwater management strategy, (prepared by Worley Parsons and undated). The strategy generally complies with Council’s broad design requirements and is therefore supported in principle. Note, however that no construction certificate for drainage infrastructure can be issued without certification from a suitably qualified consultant, (preferably Worley Parsons in this instance), that the design is in compliance with the stormwater strategy.

 

The issue of water supply to The Coast Golf Club for irrigation purposes is not fully set out in the DA submission and in the supplementary report prepared by Worley Parsons, (report dated 29/5/09). The Golf Club initially objected to the proposal on the basis of concerns regarding the availability of water for irrigation however this has been withdrawn. Landcom, as the owner of the site adjoining the development, has lodged a letter of objection to the proposal and the supply of water for irrigation purposes forms part of the objection. In considering the objection by Landcom’s engineering consultant Council requested more information from the applicant as to how supply of water for irrigation would be maintained at or above current levels and how water from the bio-retention basins would make its way to storage areas within the golf course whereby irrigation water could be drawn off. The information submitted answered many of the issues however more information was required on the delivery mechanism for transferring water into the storage areas. A condition of consent has been included to address this concern. Ensuring adequacy of flow could be as simple as installing a low flow pipe to capture some water draining from the wetland before it enters the bio-retention basins.

 

The stormwater drainage concept relies heavily on discharge of stormwater into the central water course / wetlands and bio-retention basins. The subject water course / wetlands and bio-retention basins act as the receiving system for a large portion of the site’s drainage discharge and the catchment upstream to the north of the development site. The applicant must liaise with the DWE in relation to this matter and any Stage 2 development application or Stage 1 Construction Certificate must demonstrate compliance with DWE’s requirements. Both with this application, and a previous proposal for the development site, Council has stated that ownership/care/maintenance for the swales must remain with the proposed Community Association.

 

The application also includes bio-retention swales within road reserves and a proposed area of open space. Both with this application, and a previous proposal for the development site, Council has stated that ownership/care/maintenance for the central water course / wetlands and bio-retention basins must remain with the proposed Community Association or the Prince Henry reserve Trust, (this application states that the community Association will be the responsible authority for control of the subject central water course / wetlands and bio-retention basins).

 

The applicant wanted a number of drainage plans submitted with the development application to be approved as the for construction plans. Insufficient detail was provided to give this level of approval and standard conditions relating to submission of drainage plans for approval prior to Construction Certificate have been included within this report.

 

Traffic / Civil Works Comments

 

The plans submitted show a “cross link” between south bound and north bound lanes in Anzac parade. In consideration of this application by the RTA the proposed cross link was not supported. A condition has been included within this report that excludes the cross over from any consent at this stage however makes provision for future negotiations on this matter.

 

The RTA has supported the two entry/exit roads connections on Anzac parade. The approval for these connections means that Council will accept dedication of the roads as public roads, (subject to construction of the roads to Council’s specifications). The design of the entry/exit points on Anzac Parade will be the subject of further approval by Council and the RTA.

 

·      Road Carriageway widths and alignments, Future Public Roads.

 

Conditions of consent relating to carriageway widths/parking areas/footpath configurations have been included within this report. Council is generally supportive of the proposal as submitted however, as stated elsewhere, the proposed bio-retention swales are not to come under the care and control of Council.

 

·      Construction standards / Specifications, Public Roads.

 

Standard conditions relating to specification and construction standards have been included within this report. Full road / drainage/ pavement designs and specifications for all public works are to be approved by Council prior to the issuing of a Stage 2 development consent or Stage 1 Construction Certificate for civil infrastructure works. Note: at this point in time all street lighting must be provided as Energy Australia approved street lights connected to the EA street lighting system. A condition dealing with lighting for the development site has been included within this report.

 

Coast Golf Club Comments

 

Council is aware that a deed of agreement exists between The Coast Golf Club and the applicant for this development, (Council believes that the deed covers a range of issues such as supply of irrigation infrastructure and possible works to the eleventh tee and eleventh hole in general). Council is not a party to the deed and, given that the deed operates outside of any consent for this application, no conditions relating to the deed have been included within this report.

 

No preliminary safety analysis has been undertaken and the findings of any study may require alterations to the golf course layout or to development within proposed Lot 6, (e.g. positioning of tees or minor modification to built form etc) and/or changes to the subdivision layout in the vicinity of the golf course. A condition relating to the safety analysis has been included within this report.

 

 

 

 

Waste Management Comments

 

The applicant must provide swept path details for a 9.5metre garbage truck, (10.5 metre turning radius). The applicant shall note that satisfactory collection of domestic waste must be considered when designing the road network and or travel lane/footpath/parking lane configuration of the road network.

 

Landscape Comments / Open Space/Public Domain Conditions

 

The submission provides a significant amount of both conceptual and indicative design for elements within the proposed open space and the central drainage corridor. Conditions have been included within this consent requiring all elements of the open space, (i.e. that open space proposed for dedication to Council) to be submitted for approval with the Stage 2 Development Application. Note: all infrastructure and landscape elements located within or above any area of open space not proposed for dedication to Council shall remain the care and maintenance responsibility of the Community Association.

 

Street tree selection and planting locations must be to Council’s satisfaction. The applicant is advised to contact Council’s Landscape Development Officer prior to any revised submission for this site.

 

The applicant needs to give consideration to irrigation details for the proposed landscape areas. Typically Council requires an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements, and relevant Australian Standards. Note: landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

The applicant is also advised of the following general requirements for landscaping of the site and tree preservation:

 

·      The applicant shall be required to ensure the retention and long term health of all trees located on adjoining properties adjacent to the proposed development. As a general guide there shall be minimal excavation or root pruning within the dripline/s of the subject tree/s.

 

·      No species, which may spread from where they are planted into the local environment at any time in the future, shall be used in landscaping. Turf species shall be restricted to Stenotaphrum spp. (Buffalo Grass).

 

·      No species, which have been recorded as naturally occurring in nearby bushland, shall be used in landscape planting.

 

6.4    Heritage Planner

 

The following comments are provided by Council’s Heritage Planner:

 

“It is considered that subject to appropriate consent conditions that the proposed

subdivision and Stage 1 Plan will not impact on the Aboriginal heritage significance of the potential ochre site and other areas of the site having archaeological potential, and will not impact on the significance of the Geological Site.  Further comment and consent conditions can be provided in relation to submissions for later stages of the development which will include a Conservation Management Plan and Plan of Management for the Central Corridor.  It is noted that detailed geological investigation of the Little Bay Geological Site as part of the adjacent Prince Henry Hospital site identified a critical RL for excavation within the area of the Palaeovalley.  Excavation below this RL requires endorsement by Council and the NSW Heritage Council.  It is expected that a similar critical RL and associated procedures would be established for the subject site.”

 

Comments:

 

A condition will be applied to ensure the Little bay Geological Site is to be retained intact and all works associated with this development are to be designed and undertaken so as not to result in any adverse impact on the Geological Site.

 

6.5    Department of Water and Energy

 

The proposal involves works requiring a Controlled Activity Approval under the Water Management Act 2000 (WMA) and has been referred to the Department of Water and Energy as Integrated Development. The Department’s General Terms of Approval were issued in a letter dated 14 August 2009 and applied as condition of consent should approval be granted. 

 

6.6    Sydney Regional Development Advisory Committee (RTA)

 

The proposal was referred to the Sydney Regional Development Advisory Committee (SRDAC) pursuant to Clause 104 and Schedule 3 of the State Environmental Planning Policy (Infrastructure) 2007. The SRDAC supported the proposal in general except the additional crossing across the median to connect the northbound carriageway of Anzac Parade. As such, a condition will be applied for the deletion of the proposed crosslink on Anzac Parade.

 

6.7    Department of Environment and Climate Change

 

The application was referred to the Department of Environment and Climate Change in accordance with Integrated Development Approval provisions of the Environmental Planning and Assessment Act 1979, as it involves a concept proposal that will impact upon an existing registered Ochre Site, which would require Section 90 consideration in accordance with the National Parks and Wildlife Act 1974. The Department has issued the General Terms of Approval and raised some key issues that Council will need to address in order to minimise impacts of the proposed development on the ESBS remnant at the site.

 

 

Comments:

 

The matters in relation to the protection and on-going management of the ESBS remnant are discussed in Section 9.2.1.3 of this report.

 

6.8    La Perouse Local Aboriginal Land Council

 

The following comments are provided by the La Perouse Local Aboriginal Land Council:

 

 

 

6.9      Eastern Beaches Local Area Command of NSW Police Services

 

The proposal has been assessed against the Crime Prevention Guidelines by the Eastern Beaches Local Area Command of NSW Police Services. The recommendations will be incorporated in the conditions of consent.

 

7.    Master Planning Requirements

 

As the site is greater than 4,000sqm, a master plan in accordance with Clause 40A of Randwick Local Environmental Plan 1998 is required for the site. As Council will be aware, recent changes to the Act mean that adopted master plans are not “deemed DCPs”. Where a provision in an LEP requires a master plan for a site, this provision can be satisfied by the lodging of a staged development application.

 

The subject application deals with a number of matters required by Clause 40A(5) of the Randwick Local Environmental Plan 1998, including site constraints, site history, design principles, ecologically sustainable development, services provisions and open space.

 

8.    Relevant Environmental Planning Instruments

 

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

 

§  Environmental Planning and Assessment Act 1979 (as amended)

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

§  State Environmental Planning Policy (Infrastructure) 2007 (SEPP Infrastructure)

§  Randwick Local Environmental Plan 1998

§  Development Control Plan – Parking

§  Section 94A Development Contributions Plan

 

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.

 

9.1    Statutory Controls – S79C(1)(a)

 

9.1.1          Randwick Local Environmental Plan 1998

 

The site is zoned Special Uses 5 under Randwick Local Environmental Plan 1998. The proposal is permissible in the zone with Council’s consent.

 

The following relevant clauses apply to the proposal:

 

Clause 32 – Floor Space Ratios

 

Clause 32 (5) states that the maximum floor space ratio for buildings within zone No.5 to be used for, amongst other things, dwellings and/or multi-unit housing is 0.5:1.

 

The proposal seeks approval for 67,981sqm of gross floor area (GFA), which is equivalent to 0.5:1 for the site (based on a total site area of 135,961.6sqm). This GFA excludes 66,802sqm or 49.1% of site areas used for roads and open spaces including Ochre/Miocene site and ESBS remnant.

 

The proposal also provides a density control plan, which stipulates the maximum GFA for each parcel as follows:

§  The maximum GFA of the single residential lots (i.e. Lots 12 to 39) ranges from 216sqm to 285sqm and would result in a compliant FSR of 0.5:1.

 

§  The maximum GFA of the superlots (i.e. Lots 2 to 11) varies from 3,000sqm to 14,520sqm with the FSR ranges from 0.7:1 to 1.54:1. As such, the future DAs on these superlots would require a SEPP 1 Objection and Council would need to consider the merits of any variation from the standard. However, given that Council is in the process of preparing the comprehensive LEP, the subject site could be rezoned to residential (similar to Prince Henry Site) and the proposed built form controls could be adopted as the development standards for the subject site to avoid the need of SEPP 1 objection.  

 

It is also important to note that the Stage 1 Plan requires the GFA of each development parcel to be kept within the limits set in the density control plan.

 

Further, the table below shows the details of the residential density and floor space ratio for Prince Henry Masterplan and the proposed development. 

 

Table 1: Floor Space Ratio and Residential Density

 

Dwelling Estimates

Developable Site Area (sqm)

Total Gross Floor Area (sqm)

Dwelling per hectare ratio

Floor Space Ratio

Prince Henry Masterplan

Original - 965

Approved - 821

344,264

169,811

Original – 28

Approved - 24

0.5:1

Proposed Development

450

135,961

68,500

33

0.5:1

Source: Original Prince Henry Masterplan

Source: Approved Prince Henry Masterplan 2005

The area includes bushland, roads and open spaces and exclude golf courses (source: Prince Henry Amended Masterplan dated August 2003)

The area includes central corridor, ESBS remnant, roads and open spaces.

 

Prince Henry Masterplan was originally estimated to achieve an overall yield of 965 dwellings (i.e. 28 dwellings per hectare) but during the course of 5 years period until final approval, the total yield was reduced to 821 dwellings (i.e. 24 dwellings per hectare). As indicated in the above table, whilst the proposed development shows slightly higher dwelling per hectare ratio than the approved Prince Henry Masterplan (i.e. 9 more dwellings per hectare), the overall floor space ratio is the same.  

 

Density is not the only determinant in achieving a certain urban character. The height of new development is equally important and in this regard the proposed development will respond to the context and topographic character of the site and achieves a coherent building scale with the Prince Henry development.

 

Clause 40           Excavation and filling of land

 

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

Clause 37A Development in Special Uses Zone

 

Clause 37 ensures that consideration is given to the impact of development within the Special Uses Zone on nearby development and uses in the locality.

 

The proposed residential subdivision is a permissible use within the zone and is compatible with existing form and scale of the development within the Prince Henry Precinct and achieves an effective physical relationship with the medium density Department of Housing site to the north.

 

The proposal has been designed in accordance with urban design principles that will guide the future development and ensures appropriate compatibility and relationship with adjoining development.

 

The proposal will make better use of existing urban infrastructure by encouraging development within existing urbanised area that involves increasing the number of dwellings within existing areas so they can have more efficient use of services and reduce the overall impact on the environment.

 

Clause 40A    Master plans

 

Clause 40A of Randwick LEP requires the preparation and adoption of a master plan/deemed DCP  for the redevelopment of sites having an area in excess of 4,000 square metres and which must be adopted and in force prior to the grant of development consent.

 

Whilst the subject site has an area of approximately 13.6 ha (and, therefore, requires a master plan/deemed DCP) the applicant has lodged the subject DA pursuant to Section 83C of the Environmental Planning and Assessment Act 1979 (as amended) which provides for the making and approval of a staged development application to satisfy the requirement for a Master Plan/Deemed DCP under the Randwick LEP.

 

 

 

Clause 43 – Protection of Heritage Items, Heritage Conservation Area and Relics

 

Clause 43 of RLEP relates to heritage items and heritage conservation areas. As noted previously, the eastern part of the site is within the Prince Henry Hospital Conservation Area but outside the Prince Henry Site which is listed on the State Heritage Register. The proposal has been reviewed by Council’s Heritage Planner and the recommended conditions will be applied as conditions of consent.  

 

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

 

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

 

(a)    State Environmental Planning Policy No. 55 – Remediation of Contaminated Land

 

This SEPP provides a state wide practice for the remediation of contaminated land. The applicant has provided reports assessing site contamination conditions and remediation strategies. The Site Auditor has reviewed this information and provided an interim advice letter for the Remedial Action Plan. Appropriate conditions are required to be imposed to ensure the remediation and site management are undertaken in an appropriate manner.

 

(b)    State Environmental Planning Policy (Infrastructure) 2007

 

The proposal involves the subdivision of the subject site into 28 residential lots and 10 ‘superlots’ with the potential to provide approximate yield of 450 dwellings and opening of new public roads. As such, the proposal requires referral to the Roads and Traffic Authority under Clause 104 and Schedule 3 of the SEPP. As noted previously, the proposal has been reviewed by the RTA and the recommendations will be applied as conditions of consent.

 

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

 

9.1.3.1      Development Control Plan – Parking

 

Council’s Parking DCP provides for, amongst other things, numerical carparking requirements based on the type of residential development and size of dwellings. The proposal does not provide any details of car parking given that the DA is for Stage 1 concept plans. However, the Stage 1 Plan indicates that the car parking provision for all dwellings is to be in accordance with Council’s Parking DCP. In any event, the details of carparking provision can be provided in subsequent stages of the proposed development and appropriately assessed then.  A condition will be applied requiring that details of carparking spaces be distributed to appropriate dwelling sizes (defined by number of bedrooms) in accordance with the DCP – Parking.

 

9.1.3.2      Contaminated Land Policy 1999

 

Council’s Contaminated Land Policy 1999 provides guidelines for dealing with contaminated land within Randwick City Council in accordance with the provisions of SEPP 55. Council’s Manager Health, Building and Regulatory Services has provided conditions for the development which are included in the recommendation. The recommendation includes the requirement for a Site Audit Statement and Summary Site Audit Report. Conditions are also provided in relation to site remediation.

 

 

 

9.1.3.3      Section 94A Development Contributions Plan

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development Cost more than $200,000

$44,512,317

1%

$445,123.17

 

9.1.3.4      Planning Agreements

 

The applicant is proposing to enter into a Voluntary Planning Agreement (VPA) with the Council regarding the provision of affordable housing. The VPA proposes the following:

 

·              Construction of and dedication to Council of four affordable dwellings (i.e. 3 x 2 bedroom and 1 x 1 bedroom apartments).

 

The final details of the VPA are yet to be resolved, consequently there is a need to grant a deferred commencement development consent for the application to allow for the VPA to be executed prior to the consent becoming operable.

 

 

 

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

 

9.2.1   Natural Environmental Impacts

 

9.2.1.1   Flora and fauna

 

The applicant has submitted a Flora and Fauna Assessment containing, amongst other things, a 7-part Test of Significance assessing the impacts of the proposal on threatened species identified in the subject site and/or potentially occurring on the subject site due to suitable habitat. The 7-part Test is considered to be consistent with the assessment carried out for the previous approved 149 lots subdivision DA. The report found the presence of two endangered species (i.e. Grey Headed Flying Fox and Eastern Bentwing Bat) and concluded that the proposed development is unlikely to impose a significant impact on the known threatened fauna species and ecological community from the subject site. Accordingly, a Species Impact Statement is not required to be prepared for the subject DA.

 

Notwithstanding, the report recommended the following measures to be implemented to minimise the impact of the proposal on the protected fauna habitat in general:

§  Restore connectivity to the east and south of the site through the provision of revegetated links;

§  Identify street plants that increase the area of canopy habitat in cleared areas and enhance arboreal connectively;

§  Undertake feral pest (European Red Fox and Plague Minnow) control in conserved areas to reduce predation on native species;

§  To enhance habitat for amphibian species, drainage of the basins, reconstruction and subsequent restoration works should be undertaken to reduce the existing Gambusia population; and

§  Abandoned buildings are to be opened for inspection for roosting microchiropteran bat species by a suitably qualified fauna ecologist on the day of demolition works prior to commencement. Any bats found are to be relocated to a suitable roosting location in the same group assemblages as founds.

9.2.1.2           Ochre/Miocene Site

 

The subject site contains an Ochre/Miocene Site adjacent to the central corridor which the DECC have advised is regularly harvested for use in Aboriginal ceremonies and is registered with DECC as the Little Bay Ochre Site (Site No. 45-6-2670). Accordingly, DECC advised that the Ochre site is a protected Aboriginal site under the National Parks and Wildlife Act 1974 (NPWA).

 

As noted previously, the proposal was referred to the DECC as an integrated development and the General Terms of Approval has been issued and will be applied in the consent for this DA. In addition, the La Perouse Local Aboriginal Land Council has reviewed the proposal and supports the proposed strategy for managing and protecting the Aboriginal site before, during and after the proposed development. 

 

9.2.1.3           Eastern Suburbs Banksia Scrub

 

A small portion of the Critical Habitat as mapped in the Department of Environment and Climate Change’s Critical Habitat Declaration Report (2007) for the Eastern Suburbs Banksia Scrub (ESBS) remnant is located along the eastern edge of the subject site. The majority of the ESBS remnant is located on Lot 12 to the east of the subject site and currently owned by the UNSW. Accordingly, the ESBS will be required to be retained and actively managed for conservation in accordance with the management principles outlined in the conservation agreement pursuant to Part 4 Division 12 of the National Parks and Wildlife Act 1974. In line with this, the proposal will provide the following measures to protect the ESBS:

 

§ The entire area of ESBS has been set aside for conservation;

§ Roads and native landscaping provide separation between the ESBS and any proposed built form to manage the impacts of the proposal;

§ Setbacks have been provided for asset protection against bushfires in the ESBS;

§ Vegetation Management for the ESBS proposes native revegetation works to minimise edge effects;

§ All potential building footprints will be located outside of these sensitive areas and a range of land use and built form controls will ensure appropriate protection of the ESBS;

§ A protective crushed sandstone path will provide a management edge to limit invasive weeds and grasses from lots;

§ A maintained track has been incorporated into the buffer to prevent trampling and to allow access for bush regeneration crews;

§ A 1.2m high chain link fence will prevent trampling within the ESBS;

§ Existing redundant tracks will be closed and regenerated. All planting within the landscaped buffer will incorporate locally occurring native plants as recommended by DECC for planting adjacent to ESBS;

§ The ESBS will be patch burnt using low intensity fires in accordance with DECC recommendations to ensure long term survival of the community;

§ The existing edges will be planted with native species such as Westringia fruticose to protect the sensitive community against trampling and to provide a dense shady competitive edge against weed invasion;

§ Ecological connectivity to surrounding Coastal Health is to be maintained and enhanced through revegetation and restoration works; and

§ All stormwater drainage is contained and managed within the site and treated with Water Sensitive Urban Design principles prior to release to the natural environment.

 

In addition to above, the proposal also includes the following measures to ensure the ongoing protection of the ESBS:

 

§ A covenant places on title to ensure the ongoing protection of the ESBS; and

§ The owners of Lot 10 and Lot 12 (and any lessees, including The Coast Golf Club) enter into a joint Vegetation Plan of Management to ensure the ongoing protection of this endangered ecological community.

 

It is considered that the issues in relation to the maintenance and ongoing protection of the ESBS have been adequately addressed. As such, appropriate conditions will be applied including requirement for the owner of the subject land enter into a conservation agreement under Part 4 Division 12 of the National Parks and Wildlife Act 1974 with the Minister administering the Act (Minister for Environment and Climate Change) to protect an maintain the ESBS critical habitat.

 

9.2.1.4           Little Bay Geological Site

 

The subject site contains heritage items in the form of an extension to the Little Bay Geological Site – Critical Exposure Area inclusive of the Little Bay Geological Site – Cleared Area and Little Bay Geological Site – Palleo-valley. The proposed sub-division will retain the Geological Site intact as part of the open space areas of the creek corridor. All development in areas adjacent to the Geological Site will be required to have regard to the heritage significance of the Geological Site and a condition will be applied accordingly to ensure this.

 

 

9.2.2   Built Environmental Impacts

 

9.2.2.1      Sub-division Design

 

The proposal will provide for large block subdivision lots for multi-unit housing and individual subdivision lots for single dwellings.

 

Assessment of the proposed allotments indicates that they will be of sufficient size to meet the requirements. In addition, all lots created by the proposed sub-division generally will have good access to the proposed road network, are capable of being supplied with utility services, and will maximise efficiency in site use.

 

It is proposed that the residential allotments will be held in Torrens or Strata Title. Part of the site including the central corridor and land abutting the ESBS will be held in community title under the Community Land Development Act 1989 (CLD Act 1989). The Act provides for conventional sub-division of land involving common property to be administered and maintained by a Neighbourhood Association. Appropriate provisions for the management of community land will be included as part of the Neighbourhood Management Statement (that is, a statement forming part of sub-division plan that is binding on members of the proposed community title scheme once registered).

 

9.2.2.2      Built Form Density

 

As noted previously in Section 9.1.1 of this report, the Stage 1 Plan provides the details of the maximum gross floor area for each development lot created in the proposed subdivision with the total of these gross floor areas equating to an overall FSR of 0.5:1, which complies with the LEP.

 

Whilst the subject application does not seek approval for the erection of any buildings, the Stage 1 DA establishes a framework that ensures the proposed floor space allocation for the future development of individual allotments contributes to achievement of the overall density in accordance with Council development standard.  Further, the proposed density is also supported by the Design Review Panel.

 

9.2.2.3      Built Form Controls/Urban Design

 

The proposal includes a set of built form controls that define the maximum building envelopes and will guide the future development within the subject site. The built form controls are supported by architect’s urban design statement and a set of urban design guidelines as contained in the Little Bay Stage 1 Plan prepared by Hill Thalis Architecture & Urban Projects, Candalepas Associates and McGregor Partners (as amended) and submitted with the DA. Applying the built form controls and design guidelines will ensure the future development on the subject site achieves a high standard of amenity that will be consistent with the standard established in Prince Henry precinct.

 

Concerns have been raised regarding the scale of the five storey buildings on Lot 11 along Anzac Parade frontage, Lot 6 on the eastern part of the site and Lots 7 & 8 on either side of the central corridor. The typology and scale of these buildings are similar to the “4 storey plus attic” and “5 or 6 storey” buildings approved within the Prince Henry site. In comparison, the maximum RL of the future building on Lot 6 (i.e. RL 45) would be lower than the taller buildings within Prince Henry site (i.e. Matron Dickson building at RL 50.53, Lots 6 & 7 at RL 48.2 and the permissible envelope for buildings on the southern edge of the Prince Henry site).

 

 

The buildings along Anzac Parade respond appropriately to the urban scale and urban interface of Anzac Parade and will be compatible with the existing built form approved within the Prince Henry Precinct.

 

The buildings on either side of the central corridor resemble the site’s central precinct. These buildings create an edge to the significant Ochre/Miocene site and provide appropriate active and engaging public interface and surveillance. Similarly, the building on Lot 6 responds to the vast scale of the golf course & coastal landscape and would mirror the scale of the buildings along the eastern boundary of the Prince Henry site. 

 

The applicant has provided the analysis that tests the built form controls and demonstrates that the proposed controls can be effectively applied on the site. The combination of the proposed built form controls will provide slender buildings with appropriate massing and spaces between building that will allow dual aspect & cross-ventilated apartments and maximise solar access. Future buildings will have appropriate bulk and scale that reinforces positive neighbourhood amenity & character and responds to the scale of the development within Prince Henry precinct.   

 

In addition, the proposal was favourably viewed by the Design Review Panel and the following comments have been provided:

 

1.      Relationship to the Context of the Proposal

 

The proposed layout relates well to its context by:

 

·      Maximizing vehicular and pedestrian permeability and potential connections to adjoining development.  (The Panel notes that this has not been the case with the PHH redevelopment despite repeated advice by the Panel for this to be achieved).

·      Improving the public accessibility and surveillance of adjacent natural open space resources.

 

 

 

 

See also recommendations in 3 below.

 

The analyses provided in the Stage 1 Application (the application) indicates that the mix of building types, densities and heights are compatible with existing development nearby.

 

It would be helpful for the report to include contour information of the site and surrounding sites, as it is not possible without these to verify the reality of the vistas identified.

 

2.         The Scale of the Proposal

 

As noted above, it is the Panel’s view that the scale of development proposed is suitable in its context.  If anything, it would be desirable for the density to be higher as this is valuable land and a higher density would have the effect of encouraging better transport and other facilities and services in the area.

 

3.         The Built Form of the Proposal

 

The built form controls, for which consent is being sought, will permit a desirable variety of housing types and streets of good urban character.

 

In order to increase the permeability of the street layout, clearly an objective of the subdivision, the Panel recommends that two public through site pedestrian paths be created through Lot 11 (one opposite Riparian St) and one through lots 7 and 8 each.

Negotiations should be conducted with Landcom and the relevant authorities to create a pedestrian path across the reserve on the PHH site providing connection to Paleo Valley Park.

 

4.         The Proposed Density

 

Although densities are not specified, the proposal would substantially increase, over previous proposals, the intensity with which this valuable piece of land would be used.  This would assist in the achievement of Metropolitan planning objectives, would increase housing diversity in the area and would be beneficial to the improvement of services in the area generally.  This site is ideal for quality design and higher density as it is well connected to shops, the university and the city via Anzac Parade and enjoys high amenity in parks, open space, beaches and golf courses, to name a few of its assets.

 

It is suggested that land be made available for some future retail and restaurant uses.

 

As noted above, it is the Panel’s view that the densities now specified are satisfactory, but would preferably be higher.

 

5.         Resource and Energy Use and Water Efficiency

 

The layout proposed would facilitate the energy efficient design of buildings.  Water management proposals are commended.

 

6.         The Proposed Landscape

 

The Panel supports the landscape concepts proposed.

 

 

 

 

7.         The Amenity of the Proposal for its Users

 

As noted in Item 4 (Density) this parcel of land offers high levels of amenity and quality lifestyle opportunities.  The proposal is to be commended for creating the potential for this to be fully realized in the urban form and set the framework for it to be achieved in the built form.

 

The Master Plan respects the natural environment and will generously allow future residents, the public and the neighbouring developments to enjoy the view, vistas, connections, facilities and the amenity of the site.

 

8.        The Safety and Security Characteristics of the Proposal

 

The road layout proposed would facilitate good surveillance of the public domain.

It is hoped that the oversized and unsafe, pedestrian unfriendly, roundabouts used to provide access to the PHH site will not be again used.

 

9.        Social issues

 

The proposed diversity of housing types proposed would be socially beneficial to the peninsula.  The Panel considers the proposed possible future connections to the developments north and south to be essential.

 

10.      The Aesthetics of the Proposal

 

This application has the potential to produce a very high standard development.

 

SUMMARY AND RECOMMENDATIONS

 

Subject to recommendations made in 3 and 4 above, the Panel commends this application to the Council.

 

9.2.2.4      Impact on adjoining development

 

As the proposal is only for the sub-division of land, there will be no immediate impact on adjoining existing development in terms of loss of sunlight, privacy and views. Notwithstanding this, the proposal will provide adequate separation/buffer between the subject development and existing surrounding development to mitigate, if not eliminate, any impacts in terms of solar access, privacy and views.

 

In relation to other amenity impacts such as privacy, views, bulk and scale, future residential developments will be guided by the controls contained in the Little Bay Stage 1 Plan prepared by Hill Thalis Architecture & Urban Projects, Candalepas Associates and McGregor Partners (as amended) by condition of consent. Furthermore, future individual developments will be the subject of subsequent development applications in which the amenity impacts of specific built-forms will be further assessed.

 

In terms of the potential view loss, the applicant has submitted a preliminary view analysis (based on the proposed built form controls) demonstrating the extent of impact for the neighbouring properties within the Prince Henry precinct. The view analysis demonstrates that the significant views from the neighbouring properties will be retained. In addition, the future development on the subject site will be subject to a detailed design process and further development assessment.

 

 

 

 

9.2.2.5      Landscaping and Open Space

 

The proposal will provide for public open spaces primarily comprising of dedicated local urban parks, the central corridor including Ochre/Miocene site and the ESBS remnant yielding a total open space area of 31,632 sqm, that is, 23.3% of the total site area.

 

The details of the proposed open spaces are as follows:

 

Urban Park – centrally located in the western part of the site with an area of approximately 4,451sqm.

 

Paleo Valley Park – located in the heart of the site, which consists of an existing creek corridor and Ochre/Miocene site with a total area of approximately 19,500sqm.

 

Brad Park – located towards the eastern side of the site with an area of approximately 3,243sqm.

 

Water Treatment Area – located along the south boundary towards the eastern edge of the site with an area of 3,075sqm.

 

ESBS – located along the eastern edge of the site adjacent to the main ESBS remnant on UNSW land with a total area of 1,306sqm.

 

The table below shows the comparison of open spaces provided for Prince Henry, previous approved 149 residential lots and current proposal.

 

Table 2: Open Space Comparison

 

Developable Site Area (sqm)

Total Open Space (sqm)

Percentage of developable site area

Prince Henry Site

344,264

54,510

15.8%

Approved 149 lots

135,961

31,912

23.5%

Proposed Development

135,961

31,632

23.3%

 Exclude approximately 33,000sqm of area occupied by golf course that was part of the site area.

Source: Prince Henry Amended Masterplan

 

As indicated above, the amount of open spaces provided for the subject proposal is greater than the Prince Henry development and similar to the previous approved 149 lots DA.

 

The proposed open spaces are considered to be adequate and reasonable for the proposed residential development subject to further detailed function and design in relevant future DAs for the infrastructure.

 

9.2.2.6      Ecologically Sustainable Development

 

The proposal will achieve ESD principles primarily by:

 

§  Proposing street and allotment layouts that maximise solar access and minimise overshadowing to future residential dwellings;

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

§  Implementation of Water Sensitive Urban Design (WSUD) principles to ensure all stormwater and rainwater is treated through a series of swales, biofiltration ponds and the central dam before replenishing the natural water cycle.

 

Accordingly, the proposal is considered appropriate in terms of ESD principles and is consistent with the requirements of the Local Government Amendment (Ecologically Sustainable Development) Act 1997.

 

9.2.2.7      Site Remediation

 

Conditions to be applied to achieve a remedial strategy for the subject site to ensure that it is suitable for the intended use pursuant to SEPP 55 as discussed in see Section 9.1.2(a) above.

 

9.2.3   Social and Economic Impacts - S79C(1)(b)

 

The proposal is considered to have positive social and economic impacts in the locality as it will provide active and passive open spaces, formalises access ways to and through the site including access the Little Bay beach, a wide range of dwelling types and sizes including the dedication of affordable dwellings by way of a voluntary planning agreement to Council, protection of valued cultural and natural sites, revitalised central corridor and positive stimulation of local and regional economy activity.

 

9.3    Site Suitability - S79C(1)(c)

 

The proposal is a permissible use in the Special Uses 5 zone. In addition, the subject site is located in an established urban area surrounded by existing road and services infrastructure in the locality that would also contribute to the suitability of the subject site for the proposed residential use.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome 2:       A vibrant and diverse community.

Direction 2d:             New and upgraded community facilities that are multipurpose and in accessible locations.

Outcome 4:       Excellence in urban design and development.

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

 

Financial Impact Statement

 

The proposal will result in the construction and dedication to Council of parks, roads and four affordable dwellings which will result in on going costs to Council.

 

Conclusion

 

The proposal is for a stage 1 development application for concept approval for land uses, building envelopes, remediation, bulk earth & infrastructure works and construction and dedication of parks, roads and affordable dwellings by way of a voluntary planning agreement.

The proposal complies with the Randwick LEP 1998 being a permissible use in the Special Uses 5 zoning and the proposed built form controls will achieve a maximum FSR of 0.5:1 over the whole site.

 

Overall, the subject application provides for a residential development with an acceptable design & layout and will result in a range of residential built forms distributed across the site, with associated envelopes, bulk, scale and height that will complement and integrate with the scale and character of existing surrounding residential uses.

 

As the proposal is only a concept plan of development comprising indicative built form controls, it will have no immediate impact on the amenity of adjoining properties in terms of solar access, privacy and views. Notwithstanding this, an assessment of the potential amenity impacts that will be generated by the proposed built form controls and envelopes has been made. Overall, subject to appropriate conditions of consent, amenity impacts on nearby residents can be managed and minimised.

 

The recommendation is for deferred commencement approval subject to the voluntary planning agreement being executed.

 

Recommendation

A.     That Council as the responsible authority grant its development consent as a “Deferred Commencement” under Section 80 (3) of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application DA/81/2009 for a staged development application including built form controls, site remediation, bulk earthworks, infrastructure and services works, demolition of all structures on site, associated landscaping and subdivision of the site into 28 residential lots and 10 super lots at 1406-1408 Anzac Parade, Little Bay, subject to the following conditions:  

 

Deferred Commencement Conditions:

 

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

 

1.       The making of a voluntary planning agreement (VPA) to the satisfaction of the Council generally in accordance with the letter of offer accompanied with the DA and annexed to this development consent providing for the dedication of four affordable dwellings to Council (i.e. 3 x 2 bedroom and 1 x 1 bedroom apartments)..

 

2.       The Registration of the VPA upon the title to the land subject of this determined development application.

 

3.       Council has acknowledged compliance with this condition in writing.

 

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

 

Development Consent Conditions

 

B.      Subject to compliance with the deferred commencement conditions, to the satisfaction of the Director of city Planning, development consent is granted under section 80 & 80A of the Environmental Planning and Assessment Act 1979 subject to the following conditions:

 

1.       Consent is granted to the concept proposal and Stage 1 of the staged development application only in respect of the land described as Lots 10 and 11 in Deposited Plan 1127716, 1406-1408 Anzac Parade, Little Bay subject to the conditions that follow.

 

2.       This consent does not authorise the carrying out of development on any part of the site other than Stage 1 which comprises:

§  Demolition of existing structures on the site and removal of certain trees.

§  Bulk earth and infrastructure works (including remediation, regarding, road construction and landscaping).

§  Installation of utility services and stormwater management.

§  Subdivision of the subject land into 28 single residential lots, 10 superlots and open space areas.

 

3.       The concept plan proposal and Stage 1 of the development must be implemented in accordance with the following documents:

 

§  Little Bay Stage 1 Plan (Revision D August 2009), prepared by Hill Thalis Architecture + Urban Projects, Candalepas Associates & McGregor Partners and received by Council on 26 August 2009.

§  Statement of Environmental Effects including all Appendices A to Z and AA, prepared by Urbis, dated February 2009 and received by Council on 13 February 2009.

§  Draft subdivision plans numbered Sheet 1 of 3 to Sheet 3 of 3, prepared by Tasy Moraitis, dated 12 June 2009 and received by Council on 17 June 2009.

 

and the application form, and on any supporting information received with the application, except as may be amended by the details/amendments approved pursuant to the deferred commencement conditions and by the following conditions:

 

4.       While this consent remains in force, determination of any further development application in respect of the site to which this consent applies must not be inconsistent with this consent and the plans and documents referred to in condition 3 above.

 

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:

 

5.       The Little Bay Stage 1 Plan (Revision D August 2009) prepared by Hill Thalis Architecture & Urban Projects, Candalepas Associates and McGregor Partners and received by Council on 26 August 2009 shall be amended to include the following :

 

(a)      Inclusion of the following additional performance controls in Section 5.7 of the Stage 1 Plan:

§  Garages are to be located within the building envelope of the associated dwelling and behind the front building line.

 

§  Solid front fences facing the street are to be no higher than 1.2m.

 

§  Fencing is to be integrated with the building and landscape design through the use of compatible materials and detailing.

 

§  Roof design is to minimise bulk, scale and overshadowing, and must relate to the size and scale of proposed development.

 

§  Roof top solar heating panels shall be installed so as not to be visible from the street.

 

§  All clothes drying areas shall be provided so as not to be visible from the street.

 

§  Habitable rooms shall be orientated to overlook streets and public open spaces and maximise opportunities for casual surveillance.

 

§  Entrances to dwellings and buildings are to be clearly visible from the street and approaches to dwelling entries are to be visible from within dwellings.

 

(b)      The building height control plan in Section 5.3 shall be amended to include the following provision:

 

1.     The proposed 5th floor on Lot 6 shall be setback a minimum of 4 metres from the level below and shall present as a subservient component to the 4 storey built form below and provide a clearly identifiable and interesting roof form to reduce the apparent bulk and scale.`

 

6.       Development of the site must be implemented in accordance with the General Terms of Approval issued by the NSW Department of Water and Energy as detailed in the letter dated 14 August 2009 in relation to the subject Development Application.

 

7.       Development of the site must be implemented in accordance with the General Terms of Approval issued by the NSW Department of Environment and Climate Change as detailed in the letter dated 26 March 2009 in relation to the subject Development Application.

 

8.       Development of the site should incorporate the recommendations of the Safer by Design Crime Risk Evalfuation prepared by the NSW Police Force and received by Council on 22 May 2009.

 

9.       All future residential development on the subject site shall be in accordance with the design principles contained in The Little Bay Stage 1 Plan (Revision D August 2009) prepared by Hill Thalis Architecture & Urban Projects, Candalepas Associates and McGregor Partners and received by Council on 26 August 2009.

 

10.     Educational signage about the Eastern Suburbs Banksia Scrub Endangered Ecological Community and its conservation significance shall be placed at several clearly visible locations along the exclusion fence to the west of the remnant to raise awareness of future landholders and the public about the important values of this area. Details are to be submitted to and approved by the certifying authority prior to issue of the construction certificate.

 

11.     To protect and actively manage Aboriginal heritage (the Ochre site) and threatened species (the Eastern Suburbs Banksia Scrub Endangered Ecological Community) values on the land and to ensure that the local Aboriginal community retains ongoing access to the Ochre site for ceremonial purposes as well as to alert future landholders to the important values of these areas, the owner of the subject land shall enter into a conservation agreement under Part 4 Division 12 of the National Parks and Wildlife Act 1974 with the Minister administering the Act (Minister for Environment and Climate Change) prior to the sub-division certificate being issued.  This conservation agreement shall cover the registered Ochre site together with a surrounding buffer area and the mapped critical habitat for the Eastern Suburbs Banksia Scrub remnant on the land.  The conservation agreement shall incorporate management principles for the protection and active management of these significant areas and shall be registered with the sub-division plan for the land in accordance with this condition. In relation to the Ochre site, the management principles shall include the preparation and implementation of a Plan of Management for the Creek Corridor inclusive of the Ochre Site and address access arrangements to the Ochre site by the Aboriginal community.  The landowner will be responsible for meeting the costs of preparing the conservation agreement. Details are to be submitted to and approved by the certifying authority prior to issue of the construction certificate.

 

12.     A construction management plan and plan of management for the ESBS remnant is to be prepared in conjunction with relevant landowners and any lessees, including The Coast Golf Club and the Department of Environment and Climate Change to ensure the appropriate ongoing management, maintenance and longer term viability of the ESBS. Details are to be submitted to and approved by the certifying authority prior to issue of the construction certificate.

 

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

 

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

 

Category

Cost

Applicable

Levy

S94A Levy

Development cost

$100,001 - $200,000

-

0.5%

-

Development Cost

More than $200,000

$44,512,317

1%

$445,123.17

 

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

 

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

 

Traffic / Civil Works conditions

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

 

14.     Prior to the issuing of construction certificate for any civil infrastructure works on land proposed for dedication to Council the applicant shall submit to Council for approval, and have approved, engineering details, specifications, plans and quality plans for all filling/excavation works, drainage construction works, roadworks, kerb and gutter construction, footpath construction, construction of earth retaining structures, landscaping works and site regrading, (including detailed levels, contours and cross sections that make reference to both existing and proposed surface levels). The engineering details and specifications shall specifically relate to those areas within the development site that are proposed for dedication to Council and shall include level and survey information, materials to be used, construction techniques and testing procedures and shall be prepared in consultation with Council. The engineering details and specifications must be prepared by suitably qualified engineering consultants who must certify that the details and specifications meet best engineering practice and relevant standards. The applicant must liaise with Council’s Development Engineer Coordinator prior to preparation of the subject details/specification. Note: Council will not take dedication of any area/infrastructure that has not been constructed in strict compliance with the approved details/specification.

 

15.     The drainage construction specification and details referred to in the previous condition shall include the following:

 

·        Supply, laying and backfilling of the stormwater pipelines.

·        Construction of stormwater pits and other associated structures.

 

The applicant shall note the following when preparing the specification:

 

a)       All future Council stormwater pipelines shall be constructed with spigot and socket rubber ringed jointed, steel reinforced concrete pipeline (RRRCP). The Council stormwater pipelines shall be a minimum of 375mm diameter. Prior to backfilling, the pipeline shall be inspected and approved by the Certifying Authority.

 

Generally backfill material for the pipeline trench shall be:-

 

·       clean sand.

·       watered in.

·       compacted in 150 mm layers with a minimum 97% relative compaction.

 

         Note that should Council be the Certifying Authority, the applicant shall liaise with Council’s Director of Asset and Infrastructure regarding payment for the required inspections (2 working days clear notice shall be given prior to the required inspection/s)

 

b)       All standard extended kerb inlet pits shall be constructed:-

 

(i)       in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)      in accordance with Council’s drawings SD 3 or SD  8 (subject to the depth and/or the size of the pipeline).

(iii)     with a minimum concrete strength of 32 Mpa.

 

c)       All standard junction pits shall be constructed:-

 

(i)       in “situ” (a precast pit will be acceptable only in a park or reserve).

(ii)      in accordance with Council’s drawing SD 4.

(iii)     with a minimum concrete strength of 32 Mpa.

 

d)       All other pits that cannot be constructed to the above details shall be designed by a structural engineer. The detail of the pit/s shall in general, be similar to SD 3 (for an inlet pit) or SD 4 (for a junction pit). Note that all pits shall be;-

 

(i)       benched with a minimum 75 mm concrete.

(ii)      constructed with a minimum concrete strength of 32 Mpa.

 

16.     The minimum design serviceable life for all road pavements shall be 40 years, (with the minimum design traffic ESA’s for the travel lanes of the pavement and the parking areas to be obtained from Council’s Development Engineer Coordinator) and designed in accordance with AUSTROADS PAVEMENT DESIGN GUIDE. All other infrastructure i.e. kerb and gutter, footpaths, retaining walls, pipe drainage etc shall have a minimum design serviceable life of 80 years. The specification and engineering details prepared for the Construction Certificate must demonstrate compliance with this requirement.

 

17.     All civil infrastructure that is to be dedicated to Council must be constructed strictly in accordance with the Council approved specification and in compliance with the above minimum design serviceable life requirements.

 

18.     All civil construction works within/associated with the development site shall be constructed in accordance with the approved engineering details and specifications referred to above and shall be undertaken and paid for by the applicant.

 

19.     Road Works Layout Plan 1 of 2 (Plan ref c2-01 Rev 3) dated 12.02.09 prepared by Robert Bird Group and Road Works Layout Plan 2 of 2 (Plan ref c2-02 Rev 3) dated 12.02.09 prepared by Robert Bird Group, as they relate to travel lane, parking lanes, verge widths only are approved. Approval is also given to the intersection details on the reference plans, conditional upon vehicular turning manoeuvres/swept paths being analysed as conditioned elsewhere in this report. The Stage 2 Development Application and any Stage 1 Construction Certificate must demonstrate compliance with the travel lane, parking lanes, verge widths and concrete footpath widths shown on these plans.

 

20.     All internal roads within the development site shall be dedicated to Council, at no cost to Council, following construction of the roads to Council’s design standards and specification.

 

21.     All garages for the proposed detached/semi-attached/row dwellings must be positioned/setback a minimum of 5.0 metres from the street alignment. This condition is required to minimise the potential for vehicles parked in front of the garage to overhang the boundary.

 

22.     All civil infrastructure within the development must be constructed to Council’s design standards and specifications. The applicant must liaise with Council’s Development Engineer Coordinator regarding the Council’s relevant design standards and specification prior to lodgement of any future development application for the provision of civil infrastructure and prior to lodgement of any Construction Certificate for Stage 1 works.

 

23.     Prior to the issuing of a Construction Certificate for Stage 1 works the applicant must provide swept path details for a 9.5 metre garbage truck, (10.5 metre turning radius) with any future development application for the provision of civil infrastructure for this site. The applicant shall note that satisfactory collection of domestic waste must be considered when designing the road network and or travel lane/footpath/parking lane configuration of the road network.

 

24.     Those areas of open space within the development site that are proposed for dedication to Council, (i.e. the areas referred to within the submission as "The Urban Lounge" and "Brand Park"), shall be dedicated at no cost to Council, following construction of the open space and the provision of infrastructure serving and within the open space to Council's design standards, specification and in accordance with the Council' approved Public Domain Plan.

 

25.     The number of carspaces to be provided within the development site shall, as a minimum, be in general accordance with the relevant sections of Council’s Development Control Plan – Parking. Details of parking provision calculations and proposed allocation of spaces shall be provided with the Stage 2 Development Application.

 

26.     Prior to the issuing of any development consent for the Stage 2 application and prior to the issuing of a Construction Certificate for any Stage 1 works the applicant shall submit for approval and have approved by Council's Traffic Engineer a detailed construction traffic management plan. The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition and construction phase of the development.

 

27.     Prior to the issuing of any construction certificate for any or all of the proposed roads within the road network the applicant must demonstrate to Council, through the use of detailed swept path analysis, that the internal road design will operate satisfactorily for service and delivery vehicles, (i.e. will satisfy Section 3 of AS 2890.2-2002). The swept path analysis must be prepared using the largest trucks/worst case likely to service the various areas of the development.

 

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

 

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

 

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

 

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

 

30.     The design requirements of the vehicular access points off Anzac Parade shall be in accordance with the RTA Road Design Guide and other Australian Codes of Practice. The certified copies of the design plans shall be submitted to Council for consideration and approval by both Council and the RTA prior to the issue of a Stage 1 Construction Certificate and prior to the issuing of development consent for any Stage 2 Development Application. The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents. The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the release of the approved road design plans.

 

31.     The vehicular entry/exit points must be designed for left in / left out vehicular movements. Prior to lodgement of the Stage 2 Development Application the applicant must submit to Council for approval, and have approved details of traffic measures to be positioned in Anzac Parade to stop motorists from crossing the central median, (as required by the RTA). The proposed cross link connecting the development site directly with north bound lanes in Anzac Parade is not approved as part of this development consent. The applicant must liaise with Council’s Development Engineer Coordinator prior to lodging a Stage 2 Development Application with the aim of developing a proposal for the cross link which satisfies Council’s and the Road and Traffic Authority’s requirements.

 

32.     All proposed retaining walls located on or near the future common boundary between land proposed for dedication to Council and land to remain in private ownership, (including land that will be under the care and control of the proposed Community Association), must be wholly located within the private land and in private ownership. The applicant must liaise with Council’s Development Engineer Coordinator to obtain Council’s requirements for these retaining walls prior to lodgement of a Stage 2 Development Application or a Stage 1 Construction Certificate. Similarly, the Type 2 retaining wall located on the southern side of ocean Avenue and adjacent to proposed Lot 8, (refer to Section 4.6.6 Public Domain Elements), must remain in private ownership.

 

Security Deposit Conditions

 

The following condition is applied to provide adequate security against damage to Council’s infrastructure:

 

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

 

a)   $20000.00 -      Damage / Civil Works Security Deposit

 

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

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

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

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

 

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

 

Alignment Level Conditions

 

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

 

34.     The design alignment level (concrete/paved/tiled level) at the Anzac Parade property boundary for roadworks, access ramps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator prior to the issuing of a construction certificate fro any civil works fronting Anzac parade. The levels will reflect the Council/RTA’s approved design plans for the 2 entry/exit roads.

 

         Any enquiries regarding this matter should be directed to the Development Engineer Coordinator. The design alignment level at the property boundary must be strictly adhered to.

 

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

 

36.     The above alignment levels and the site inspection by Council’s Development Engineer has been issued at a prescribed fee of $1804 calculated at $44.00 (inclusive of GST) per metre of site frontage for new works fronting Anzac Parade. This amount is to be paid prior to a construction certificate being issued for the development.

 

Service Authority Conditions

 

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

 

37.     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.

 

38.     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.

 

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

 

40.     Any electricity substation required for the site as a consequence of this development shall be located within a residential site, (i.e. not in any road reserve or recreational area), and shall be screened from view. The proposed location and elevation shall be shown on all detailed landscape drawings and specifications. The applicant must liaise with Energy Australia regarding provision of substations prior to lodging any Construction Certificate for the road network.

 

41.     All public utility / telecommunication services within the site must be located underground. Prior to the lodgement of a Stage 2 Development Application the applicant must obtain Council’s requirements for lighting of those areas proposed for dedication to Council. Council currently requires all street lighting to be provided on Energy Australia approved light poles and connected to the Energy Australia street lighting system and therefore much of the lighting proposed with this application is not supported by Council.  Details shall be submitted to Council for approval with Stage 2 development application for the subject site.

 

42.     The applicant shall meet the full cost of any overhead power lines and telecommunication cables located in the vicinity of the development site to be relocated underground and all redundant power poles to be removed. The applicant shall liaise directly with the relevant service utility authorities to organise for the wires/cables to be relocated. All wires cables must be relocated underground to the satisfaction of the relevant service utility authority prior to the issuing of an occupation certificate for the development.

 

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

 

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

 

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

 

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

 

External Authority Conditions

 

44.     Any future development application or Construction Certificate application seeking approval for drainage infrastructure must demonstrate compliance with all Department of Water and Energy requirements regarding discharge of stormwater into the central water course / wetlands / bio-retention basins.

 

45.     Prior to the lodgement of any future development application or Construction Certificate seeking approval for drainage infrastructure, the applicant must liaise with Department of Water and Energy regarding safety issues surrounding the open channel. Future development applications seeking approval for drainage infrastructure must demonstrate compliance with all safety requirements issued by the Department. Any future development application for drainage infrastructure must also detail how potential public liability issues associated with the channel. The proposed side slopes of the channel should be to the satisfaction of the Department of Water and Energy.

 

46.     The applicant is advised that a suitable drainage easement, (in favour of Council) must be created over the central water course / wetlands / bio-retention basins. The creation of a suitable restriction as to user and positive covenant will also be required over the proposed water course / wetlands / bio-retention basins. The timing and wording for the creation of the easement/restriction/covenant shall be to Council’s satisfaction.

 

47.     All new development is to be consistent with the requirements of the NSW Fire Brigade Bushfire Hazard Section. Details of compliance shall be submitted with subsequent development applications for the civil works and infrastructure for the subject site.

 

48.     The Little Bay Geological Site is to be retained intact and all works associated with this development are to be designed and undertaken so as not to result in any adverse impact on the Geological Site. Prior to the issuing of a Stage 1 Construction Certificate the applicant must submit to the Certifying Authority for approval, and have approved, a detailed, construction management plan demonstrating measures to be undertaken such that the Little Bay Geological Site is fully protected.

 

49.     A construction management plan which details all bulk earth, drainage and remediation works within the Critical Habitat of the Eastern Suburbs Banksia Scrub (ESBS) area; and which indicates how dust, stormwater, soil and erosion management issues will be dealt with on site to avoid impact on the ESBS area. Prior to the issuing of a Stage 1 Construction Certificate the applicant must submit to the Certifying Authority for approval, and have approved, a detailed, construction management plan demonstrating measures to be undertaken such that the ESBS area is fully protected.

 

 

Drainage Conditions

 

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

 

50.     The management of stormwater within the development site, (in particular the design principles and operation of the Central Drainage Corridor, including wetlands, overflow channels and bio-retention basins) must be undertaken in general compliance with the Stormwater Management Report prepared by Worley Parsons (Appendix O), including Figures 2-7 inclusive. The applicant shall note, however, that Council requires additional and/or amended details on the proposed method for ensuring that water leaving the bio-retention basins will be directed to those water storage areas within the Coast Golf Course that provide water for irrigation purposes, (i.e. additional/amended to the details shown in Figure 5 of Appendix O). The additional/amended details shall be submitted to Council for approval, and be approved, prior to the issuing of a construction certificate for construction of the bio-retention basins. The applicant must liaise with Council’s Development Engineer Coordinator regarding the additional/amended details prior to their preparation.

 

51.     Prior to the issuing of a Construction Certificate for any Stage 1 works and prior to the issuing of development consent for any Stage 2 application the applicant shall submit to the Principal Certifying Authority for approval, and have approved, a detailed stormwater drainage plan. The applicant must liaise with Council, prior to preparation of the drainage plan, to obtain Council’s requirements for drainage works within, and adjacent to the development site.

 

Details shall include, but not be limited to:

 

·              A detailed drainage study/analysis identifying the catchment areas upstream of the site and the stormwater flows generated from these catchments, together with the catchment areas within the site and the flows generated from same. The study/analysis shall identify the overland flow rates and depths of flow from storm events up to the 1 in 100 year annual recurrence interval within the streets of the subdivision.

 

·              Confirmation of the existing and proposed finished surface levels within the development site. Documentation of the change in surface levels is required together with volumes of material imported or exported from the site.

 

·              Gross pollutant trap details (GPT). Note that any proposed GPT shall be designed in accordance Council’s specification and guidelines for determining Gross Pollutant Trap/s. The GPT’s are to be located within the road carriageway.

 

·              Stormwater drainage plans, pipeline longitudinal sections and calculations in general accordance with the recommendations of the Floodplain Management Manual” and “Australian Rainfall and Runoff, 1997 Edition).

 

·              Typical cross sections for all roads and laneways.

 

52.     The calculations, plans, longitudinal sections and details for the roads and stormwater drainage referenced above shall include the following information:

 

a)       A detailed drainage design at a scale of 1:200 and a catchment area plan at a scale of 1:1000 or as considered acceptable by the Certifying Authority, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run‑off, 1987 edition.

 

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

 

          Note:    Generally all proposed stormwater drainage pipelines shall be capable of discharging a minimum 1 in 20 year storm flow.

 

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

 

d)       Details of all stormwater overland flowpaths, (volume, depth, width and safety factor).

 

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

 

g)       A drainage plan and longitudinal section with all utility services accurately plotted for this stormwater pipeline must be provided.  It should be noted that notwithstanding the calculations, the minimum pipe diameter acceptable within Council's street system and/or easement is 375mm.

 

h)       All public utility services, where they are to be laid parallel to the Council stormwater pipeline, shall be located a minimum of 1.5 metres from the centreline of the stormwater pipeline.

 

53.     Any interallotment stormwater drainage line must be designed, as a minimum, to accommodate stormwater flows generated by the 1 in 20 year storm event. Suitable width easements are to be created over the line of any interallotment drainage system in conjunction with any plan of subdivision for the development site, (the pipeline is to be centrally located within the easement). In the situation where no legal overland flow route exists for flows generated by storm events greater than the 1in 20 year storm event the interallotment drainage line and the required drainage easement must be capable of containing within the easement and discharging storm water flows generated by storm events up to the 1in 100 year storm event.

 

The minimum easement width shall be 1.0 metre for light-weight pipes up to and including 300mm in diameter. Easement widths for drainage lines that are not light-weight, (e.g. concrete), and larger than 300mm in diameter should be sufficient to enable maintenance equipment to access the pipeline.

 

54.     Council requires that all new stormwater pipelines be of sufficient capacity to provide for a storm recurrence interval of 20 years with an overland floodway that is to be capable of containing a 1in 100 year flood within the boundaries of the drainage, landscaping and site works over such pipes and/or easement must ensure that the natural floodway or water course is not blocked or altered in such a way to flood private properties. No buildings or structures must be located within the easement.

 

55.     Suitable width drainage easements must be created over the line of any existing/ new / relocated or upgraded stormwater pipelines within the site, under the control of Council. Minimum easement widths are as follows:

 

·      Pipeline diameter is 1,200mm or less -easement width required = 3.0m

 

·      From 1,200mm to and including 1,500mm diameter -easement width required =3.5m

 

·      Above 1500mm diameter -easement width required to Council's satisfaction.

 

Note: no buildings or structures must be located within the easement.

 

56.     The floor level of all habitable and storage areas shall be a minimum of 500 millimetres above the calculated 1 in 100 year flood level or suitably waterproofed up to this same level.

 

57.     The proposed internal roadways, any drainage easements and overland flow routes shall be designed to drain the 1 in 100 year storm event and to consider personal and structure safety and the hazard factor, (product of velocity and depth of flow) This safety factor shall not exceed a value of 0.4 at any location. (i.e. VD< 0.4). The Stage 2 Development Application and any Stage 1 Construction Certificate must document how these requirements are to be met.

 

58.     All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.

 

59.     Any Stage 2 Development Application or Stage 1 Construction Certificate must demonstrate compliance with the following:

 

·           All habitable floor levels on allotments adjacent to the central watercourse must be a minimum of 500mm above calculated 1in 100 year ARI water levels.

 

·           All habitable floor levels on allotments away from the water course / ponds and riffles must be a minimum of 300 millimetres above calculated 1in 100 year ARI water levels.

 

·           The internal pipe system must be designed to cater for the critical 1 in 20 year ARI storm event with overland flows contained within the roadways or other suitable flowpaths for up to the 1in 100 year storm event. The applicant must fully demonstrate compliance with this requirement and make specific reference to the operation of the bioretention swales during major storm events.

 

·           The velocity depth restriction of VDs < 0.4 for a 1 in 100 year ARI storm should be applied along the overland flow paths.

 

60.     At the completion of the proposed bulk earthworks, the applicant must submit to Council documentation, (prepared by a suitably qualified engineer/registered surveyor), confirming that the finished bulk earthwork levels have been carried out in strict accordance with the approved Stage 1 Plan.

 

61.     Any Stage 2 Development Application or Stage 1 Construction Certificate must provide full details on the operation of the bio-retention swales. Sufficient detail must be provided for Council or the Certifying Authority to assess the suitability of the swales in their proposed locations and the impact of the swales on pedestrian and vehicular access to the proposed allotments.

 

62.     The care, control and maintenance of any bio-retention swale located within the development site shall remain the responsibility of the proposed Community Association. Appropriate restrictions on use and/or positive covenants shall be in place to ensure compliance with this requirement, prior to issue of a sub-division certificate for the subject site. Similarly, all drainage infrastructure associated with the overland flow into the central drainage corridor, boardwalks, retaining walls and the overland flowpath as shown on the document “Figure 7 Management of External Overall Flow” in Appendix O prepared by Worley Parsons, must remain under the care and control of the proposed Community Association.

 

63.     A detailed maintenance schedule for the Central Drainage Corridor, including wetlands, overflow channels and bio-retention basins shall be submitted to Council for approval, and be approved, prior to the issuing of a Construction Certificate for works within the central drainage corridor. Note: all maintenance on the Central Drainage Corridor, including wetlands, overflow channels and bio-retention basins shall be the responsibility of the applicant and the Community Association.

 

Stage 1 Subdivision Conditions

 

64.     Prior to the issue of a Subdivision Certificate for the Torrens title subdivision of the subject land into 28 allotments for detached dwellings and 10 superlots under the Stage 1 development consent:

 

·        It must be demonstrated to Council that the conditions of this development consent for Stage 1 have been satisfied and their compliance verified by the Principal certifying Authority;

·        It must be demonstrated to Council that suitable rights of carriageway, easements for services, support and stormwater lines, as required will be created upon registration of the plan of subdivision;

·        It must be demonstrated to Council that suitable easements, restrictions on use and positive covenants over the proposed bio-retention swales and the various components of the central drainage corridor, as required will be created upon registration of the plan of subdivision; and

·        Details of critical stage inspections carried out by the Principal Certifying Authority, together with any other certification relied upon must be provided to Council.

 

Waste Management Condition

 

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

 

65.     Prior to the issuing of a construction certificate for the Stage 2 Development the applicant is to submit to Council and have approved by Council’s Manager of Waste Services, a Waste Management Plan detailing waste and recycling storage and disposal for the development site.

 

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

 

Golf Course Condition

 

66.     Prior to the lodgement of a Stage 2 Development Application the applicant shall engage a suitably qualified consultant to undertake a safety analysis of those developments proposed in close proximity to the eleventh hole of the Coast Golf Course and of the pedestrian links from the development site through the golf course. The safety analysis is required to determine if the type and proximity of the development to the Coast golf Course and the identified pedestrian links would pose an unacceptable safety risk for the proposed allotments in the eastern portion of the development site and to pedestrians. The safety analysis should make recommendations on any safety measures that may be required including any revisions to the course layout.

 

Landscape Conditions

 

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

 

67.     Street tree selection and planting locations must be to Council's satisfaction. The applicant must contact Council's Landscape Development Officer prior to lodgement of any future development application for the site and prior to lodgement of any Construction Certificate for Stage 1 works to obtain Council’s requirements for street tree selection and planting locations.

 

68.     Any future development application for the provision of civil infrastructure within the site must provide irrigation details for the proposed landscape areas. Typically Council requires an automatic irrigation system shall be installed throughout all the landscaped areas. Such system shall provide full coverage to all the landscaped areas with no overspray onto driveways and pathways. The system shall comply with all Sydney Water requirements, and relevant Australian Standards. Note: landscaped areas must contain a predominance of species that require minimal watering once established or species with water needs that match rainfall and drainage conditions.

 

69.     Any future development application for the provision of civil infrastructure and any Construction Certificate for Stage 1 works must include a detailed Public Domain Plan. The subject plan shall be submitted to Council for approval and must demonstrate the strategies that are proposed for the urban design of the public domain (including any open space reserves) and the provision of good pedestrian access, recreational diversity and environmental sustainability. The strategies will include

 

·        tree planting strategy,

·        water management strategies,

·        footpath strategy,

·        Park planning strategy

 

Further to this, the Public Domain Plan shall also include details of individual treatments throughout the site. These treatments shall be consistent with Council's management requirements. The details shall be a detailed design showing plans elevations, sections, the materials and finishes for the following elements, (where relevant):

 

·           Street tree planting

·           Footpath treatments

·           Street furniture

·           Street lighting

·           Street signs

·           Kerb ramps

·           Lighting

·           Automatic irrigation systems

·           Water features

·           Pavements

·           Retaining walls and balustrades

·           Bicycle facilities

 

70.     The applicant will be responsible for meeting all costs associated with constructing those public areas to be dedicated to Council. A separate suite of Landscape Plans for these public areas shall be submitted to, and be approved by, Council’s Director of City Planning, for the Stage 2 application, and will include (but not be limited to) the following items:

 

§  Plans, elevations, sections;

§  Planting plans and plant schedules;

§  Site furniture such as seats/benches, bins, drinking fountains, lighting, signage;

§  Playgrounds and associated equipment, softfall, fencing, shade structures,     barbeques and surrounds;

§  Supplier details, warranties;

§  ‘As built’ drawings upon completion;

 

71.     All playground equipment and softfall must be in accordance with the relevant Australian Standards. Prior to Council accepting dedication of the playground equipment and softfall certification must be provided to Council confirming that the playground equipment and softfall have been constructed / installed to the relevant Australian Standards and in accordance with the approved design.

 

72.     The applicant shall liaise with Council’s nominated representatives in relation to all works proposed on property which is to be dedicated to Council.

 

73.     Critical habitat as mapped in the Department of Environment and Climate Change’s Critical Habitat Declaration Report (2007) for the Eastern Suburbs Banksia Scrub remnant on the land shall be retained and actively managed for conservation in accordance with the management principles outlined in the conservation agreement between the owner of the subject land and the Minister administering the Act (Minister for Environment and Climate Change) as required for the mapped critical habitat for the Eastern Suburbs Banksia Scrub remnant pursuant to Part 4 Division 12 of the National Parks and Wildlife Act 1974 with the Minister administering the Act. A buffer of between minimum 10 and maximum 15 m will be retained between this remnant and any roads or subdivision lots on the land.  The critical habitat will be fenced to exclude access on the western side where it abuts the road and allotment No 6 (as indicated on the Development Application submission) and a planted buffer of locally endemic coastal heath species will planted along the outside of this exclusion fence.  A pedestrian pathway of crushed sandstone should define the outer edge of the planted buffer but should not be part of it.  The eastern edge of the critical habitat abutting the golf course should be planted with a dense buffer of locally endemic coastal heath species to limit access to the remnant from the golf course and prevent the spread of weeds.

 

74.     Any Asset Protection Zones (APZs) required for this development shall not impinge on the critical habitat for the Eastern Suburbs Banksia Scrub remnant.  All APZs must be outside of the protective buffer mapped in the Department of Environment and Climate Change’s Critical Habitat Declaration Report (2007) for the Eastern Suburbs Banksia Scrub Endangered Ecological Community.

 

Tree Management

 

75.     Approval is granted for the removal of those trees on the development site that are located within the proposed work zone.

 

76.     The applicant shall ensure the long term health and stability of those trees located on properties adjoining the development site and within close proximity of development site boundaries.

 

The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:

 

77.     Remediation and validation works shall be carried out in accordance with the “Interim Advice Letter – Remedial Action Plan – Little Bay” prepared by the appointed site auditor Graeme Nyland, dated 5 February 2009 and all the documents forming part of the review, as listed by the auditor in this interim advice letter, except as may be amended by the conditions of this consent. 

 

78.     The whole site (including the central corridor and the ESBS remanent) must be remediated to meet the relevant criteria in the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and the following requirements must be complied with:

 

a)     A NSW Department of Environment & Climate Change (formerly EPA) Accredited Site Auditor, accredited under the Contaminated Land Management Act 1997, must be appointed to assess the suitability of the site for its intended development and use. 

 

b)     A Site Audit Statement and Summary Site Audit Report is to be submitted to Council which verifies that the land has been remediated and the site is suitable for the intended development and satisfies the relevant criteria in the NEPM 1999.

 

Any requirements contained within an Environmental Management Plan (EMP) which forms part of the Site Audit Statement and Site Audit Report, form part of this consent and must be implemented accordingly.  Council is required to be consulted with prior to the development of the EMP and any comments made by Council are required to be taken into consideration prior to finalising the EMP.

 

Any EMP is required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919 prior to the Statutory Site Audit Statement being issued.

 

c)     The site remediation must be carried out to the satisfaction of the Accredited Site Auditor and a Site Audit Statement and Summary Site Audit Report must be submitted to Council prior to:

 

i)     a construction certificate being issued for any building work (other than shoring work, piling work and retaining structures or other work which is necessary to carry out the remediation works),

or

 

ii)      a subdivision certificate being issued for the development.

 

which ever comes first.

 

d)     Remediation works shall be carried out in accordance with the requirements of the Contaminated Land Management Act 1997, environmental planning instruments applying to the site, guidelines made by the NSW Department of Environment & Climate Change and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

e)     Should the remediation strategy including the ‘capping’ or ‘containment’ of any contaminated land, details are to be included in the Site Audit Statement (SAS) and Environmental Management Plan (EMP) to the satisfaction of the Site Auditor.

 

Details of the SAS and EMP (including capping and containment of contaminated land) are also required to be included on the Certificate of Title for the subject land under the provisions of section 88 of the Conveyancing Act 1919.

 

f)      All land to be dedicated to the Council must be remediated in accordance with the relevant legislative provisions and guidelines and shall be subject to a Site Audit Statement.  The Council will not accept the dedication of any land the subject of on-site containment or capping of asbestos or other contaminants.

 

g)     Any fill importation to the site is to be monitored and classified by the Site Auditor appointed for remediation of the site or a person with his qualifications. Only ‘Virgin Excavated Natural Material’ (VENM) is to be imported to the site, as detailed in the NSW DECC Waste Classification Guidelines (2008).

 

h)     A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include measures to address the following matters:

 

·       general site management, site security, barriers, traffic management and signage

·           hazard identification and control

·       worker health & safety, work zones and decontamination procedures

·       prevention of cross contamination

·           site drainage and dewatering

·       air and water quality monitoring

·           disposable of hazardous wastes

·           contingency plans and incident reporting

·           details of provisions for monitoring implementation of remediation works and persons/consultants responsible.

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

i)      Hazardous or intractable wastes arising from the demolition, excavation and remediation process being removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

 

·       New South Wales Occupational Health and Safety Act, 2000;

·       The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

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

·       Protection Of the Environment Operations Act 1997 (NSW) and

·       NSW DECC Waste Classification Guidelines (2008).

 

j)      The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or NSW Occupational Health & Safety Act (2000) & Regulations (2001).

 

k)     Any variations to the proposed remediation works or remediation action plan shall be approved by the Site Auditor and a written statement is to be provided to the Council by the Site Auditor prior to the commencement of such works, which confirms the Site Auditors approval of the amended remediation action plan / works. Councils written concurrence is also required prior to the commencement of such works.

 

l)      Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to the Site Auditor and Council immediately in writing.

 

The written concurrence of the Site Auditor and Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

m)     All trucks and service vehicles leaving the site shall go through a suitably constructed on site truck wash down area, to ensure no tracking of material occurs from the site onto roads adjoining the site. Details are to be submitted to Council in the Site Management Plan.

 

n)     Prior to the commencement and throughout the duration of the remediation and construction works adequate sediment and stormwater control measures shall be in place and maintained on site at all times.  Sediment laden stormwater shall be controlled using measures outlined in the manual Managing Urban Stormwater Soils and Construction produced by the NSW Department of Housing.

 

o)     Remediation work shall be conducted within the following hours:

        Monday – Friday      7am – 5pm

        Saturday        8am – 5pm

        No work permitted on Sundays or Public Holidays

 

p)     A sign displaying the (24 hour) contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access.  This sign shall be displayed throughout the duration of the remediation works.

 

79.     The Site Audit Statement must, where no guideline made or approved under the NSW Contaminated Land Management Act is available (as with asbestos), clearly state the source of the standard adopted in determining the suitability of the land for the intended development and use and must also demonstrate its suitability to Council.

 

In relation to any asbestos contamination, a comprehensive remediation strategy and remedial action plan must be developed, to the satisfaction of the Site Auditor and NSW Department of Health or other suitably qualified and experienced specialist to the satisfaction of the Site Auditor. 

 

The remediation strategy and remedial action plan must demonstrate that the land will be remediated in accordance with relevant guidelines (if any) and to a level or standard where no unacceptable health risk remains from asbestos exposure, which shall be verified upon completion of the remediation works to the satisfaction of the Site Auditor.

 

80.     The applicant is to engage the services of a suitably qualified environmental consultant to respond to enquiries and complaints made by the community or Council in relation to contamination, remediation and construction site management matters.

 

A specific contact number is to be made available for such enquiries and complaints (including an after-hours emergency contract number) and a complaints register is to be maintained to record all such enquiries, complaints and actions taken in response to same, which is to be made available to Council officers upon request.

 

The following conditions are applied to maintain the heritage significance and amenity of the site and locality:

 

Aboriginal Consultation

 

81.     Liaison established with the La Perouse Aboriginal Land Council is to be maintained during the approvals process until all issues arising in relation to management of Aboriginal cultural heritage have been resolved.

 

82.     The La Perouse Aboriginal Land Council should be invited to monitor initial topsoil stripping and earthworks in the areas marked blue on Figure 16 in the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L.  They should be given at least one weeks notice prior to commencement of the work to provide sufficient time to arrange for a representative to be present during the work.

 

83.     The La Perouse Aboriginal Land Council should be consulted about ongoing management of the Ochre site.  Decisions about any activities that affect the Ochre site, including access, public presentation and appropriate uses, should be made in consultation with the Land Council. 

 

84.     The La Perouse Aboriginal Land Council should be consulted during the design and construction of any proposed pedestrian overpass bridge, to ensure the design is appropriate and will not result in any direct or indirect impact on the Ochre site.

 

85.     Any applications under Section 87 / Section 90 of the National Parks and Wildlife Act 1974 should be undertaken in accordance with procedures set out in DECC’s Interim Community Consultation Requirements for Applicants 2004.

 

86.     A copy of the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L should be forwarded to La Perouse Aboriginal Land Council and they should be invited to provide written comment on the cultural significance of the study area and our recommendations regarding management of Aboriginal heritage within the Study area.

 

Archaeological Management

 

87.     No further archaeological investigations are warranted in advance of the proposed Stage 1 Plan.

 

88.     Detailed provisions for protection of the Ochre site and Critical Exposure Area during construction works and detailed measures for on-going management of the Ochre site and Critical Exposure Area to be included in the Central Corridor plan of Management.  The Plan of Management is to be prepared after approval of the Stage 1 development application.  The Plan of Management must be prepared in consultation with the Department of Environment and Climate Change (DECC), the La Perouse Aboriginal Land Council and a suitably qualified Aboriginal heritage consultant. 

 

89.     No construction works or any other activities that might disturb current ground surfaces should be undertaken within the area bounded by the blue buffer line in on Figure 15 in the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L.  Any planting, weed control or erosion control works within this area should be undertaken win consultation and with the agreement of the La Perouse Aboriginal Land Council and should form part of the Central Corridor Plan of Management. 

 

90.     The La Perouse Aboriginal Land Council should be invited to monitor topsoil stripping and excavation works (including bulk excavation, remediation, cut and fill and excavation for services) in the area marked blue on Figure 16 in the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L, to ensure any Aboriginal sites or objects buried beneath fills are identified and appropriately managed. 

 

91.     The Construction Management Plan for the site should be prepared with reference to the Central Corridor Plan of Management and include detailed provisions that ensure the Ochre site and the Critical Exposure Area are not disturbed either directly or indirectly by construction works. Details of compliance are to be provided prior to the issue of construction certificate. 

 

92.     Site managers and supervisors should be provided with a copy of the Central Corridor Plan of Management and the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L.  All construction personnel and contractors should be provided with a brief induction by the site managers and/or supervisors that describes protective and management requirements under the Central Corridor plan of Management and clearly states their legal obligations under Section 90 of the national Parks and Wildlife Act 1974. 

 

93.     A small retaining wall should be constructed between the base of the Ochre cliff and the edge of the proposed water body to ensure ochreous materials eroding out of the cliff face are contained and not washed into the water body.  The retaining wall should be established along the edge of the blue buffer line shown in Figure 15 in the Aboriginal Heritage Impact Assessment report prepared by Archaeological and Heritage Management Solutions P/L.

 

94.     There are currently no requirements for permits or consents from the Department of Environment and Climate Change (DECC), however, if any Aboriginal sites or objects are found during site construction work, excavation should cease immediately in that area.  The La Perouse Aboriginal Land Council should be notified and advice sought before work can recommence.  It is an offence under Section 90 of the National Parks and Wildlife Act 1974 to disturb, deface or destroy an Aboriginal site or object without prior consent of the Director General of DECC.

 

95.     Two copies of the final version of the Aboriginal Heritage Impact Assessment report should be sent to the DECC Aboriginal Heritage Information Management System reports archive. 

 

Geological Heritage

 

96.     Any work program for excavation within the Palaeovalley Area should include a detailed Work Method Statement that ensures that:

 

o  Excavation does not adversely impact on the heritage values of the Palaeovalley Area; and

o  Uncovered significant geological information or specimens are appropriately investigated, recorded and saved.

 

·      Access to the site should be made available to qualified researchers during excavation within the Palaeovalley Area.  (This should include Dr JW Pickett, Department of Mineral resources, and Dr H Martin, UNSW, as well as others who may be nominated by the NSW Geological Heritage Committee of the Geological Society of Australia).

 

97.     Significant test drilling within the Palaeovalley Area should be recorded on a list.  This list, together with corresponding drill logs, should be provided to Londonderry Core Library of the Department of Mineral resources along with any cuttings or core requested by the Core Library.

 

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 demolition, excavation and construction:

 

98.     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.

 

99.     All 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.

 

100.    Prior to the commencement of any building 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.

 

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.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

103.    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”.

 

104.    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.

 

105.    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.

 

106.    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.

 

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

 

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

 

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

 

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

 

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

 

108.    Documentary evidence prepared by a suitably qualified professional geotechnical engineer shall be submitted to the certifying authority prior to the issuing of a construction certificate, certifying the suitability and stability of the site for the proposed building and certifying the suitably and adequacy of the proposed design and construction of the buildings for the site.

 

109.    A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing the proposed methods of excavation, shoring or pile construction, including details of potential vibration emissions.  The report, must demonstrate the suitability of the proposed methods of construction to overcome any potential damage to nearby land/premises.

 

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

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

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

 

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

 

111.    The installation of ground or rock anchors underneath any adjoining premises including (a public roadway or public place) must not be carried out without specific written consent of the owners of the affected adjoining premises (including the Council if bounding a public place) and details of compliance must be provided to the certifying authority prior to the commencement of any excavation or building works.

 

112.    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 an occupation certificate, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

113.    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.

 

114.    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).

 

115.    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.

 

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

 

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

 

117.    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

 

118.    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.

 

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

 

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

 

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

 

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

 

d)     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.

 

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

 

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

 

g)     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 or nature strip or in any public place:-

 

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

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

·       Placement of a waste skip or any other container or article in a public place.

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details 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 reasonable levels of public health, safety and convenience, to the satisfaction of Council.  A copy of the approved Construction Site Management Plan must be maintained on site and be made available to Council officers upon request.

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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.

 

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.

 

123.    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.

 

A temporary safety fence is to be provided to protect the public, located to the perimeter of the site. Temporary fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or the building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place.

 

If necessary, an awning is to be erected sufficiently to prevent any substance from, or in connection with, the work from falling into the public place or adjoining premises.

 

The public place adjacent to the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place and any such hoarding, fence or awning is to be removed upon completion of the work.

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

1.     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.

 

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

 

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

 

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

 

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

 

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

 

 

Attachment/s:

 

Nil

 

 

 

 

 


1406 Anzac Pde Final Report from SJB Planning Pty Ltd

Attachment 2

 

 









       


Letter of offer dated 27 August 2009 from CHOF5 Little Bay Pty Ltd

Attachment 3