Ordinary Council Meeting

 

  BUSINESS PAPER

 

 

 

 

 

 

 

 

 

 

 

Tuesday 20 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

20 October 2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ordinary Council Meeting

 

 

Notice is hereby given that an Ordinary Council Meeting of the Council of the City of Randwick will be held in the Council Chamber, Town Hall, 90 Avoca Street, Randwick, on Tuesday 20 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 

Confirmation of the Minutes  

Ordinary Council Meeting - 22 September 2009
Extraordinary Council Meeting - 29 September 2009
Extraordinary Council Meeting - 6 October 2009

Declarations of Pecuniary and Non-Pecuniary Interests

Address of Council by Members of the Public

Mayoral Minutes

MM79/09   Council Committees - Change of Membership  

 

Urgent Business

 

 

Director City Planning Reports

CP64/09    79-81 Hannan Street, Maroubra (DEFERRED)

CP65/09    554 Bunnerong Road, Matraville

CP66/09    191 Boyce Road, Maroubra

CP67/09    105-109 Anzac Parade, Kensington

CP68/09    Reporting variations to Development Standard under State Environment Planning Policy No. 1 (SEPP1) from 1 September to 30 September 2009

CP69/09    2008-09 State of the Environment Report

General Manager's Reports

GM49/09    Randwick City Council 2008-09 Annual Report

GM50/09    The Randwick City Plan 2009

GM51/09    Proposed Building Program 2010-2017

GM52/09    Updated Purchasing Policy, Procedures & Delegations and Tendering Policy & Guidelines

GM53/09    Invitation to Attend ALGA National Local Roads and Transport Congress 2009

Director City Services Reports

Nil

Director Governance & Financial Services Reports

GF45/09    Investment Report - September 2009

GF46/09    2008-09 Disclosure of Interests Returns  

Petitions

Motion Pursuant to Notice

Nil 

Confidential

GF47/09    SSROC Tender for the Provision of Telecommunications Services

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

 

GF48/09    SSROC Tender for the Supply and Delivery of Timber and Associated Products

This matter is considered to be confidential under Section 10A(2) (c) Of the Local Government Act, as it deals with information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business.

  

 

 

 

 

Notice of Rescission Motions

NR5/09      Options for Council's Australia Day Events 2010 and Options to Curb Alcohol Related Anti-social Behaviour at Australia Day celebrations........................................ 228  

 

 

 

 

…………………………………………………….

Ray Brownlee

General Manager


Ordinary Council

20 October 2009

 

 

 

Mayoral Minute No. MM79/09

 

 

Subject:                  Council Committees - Change of Membership

Folder No:                   F2005/00775

Author:                   Councillor Procopiadis, Mayor     

 

Introduction

 

At its Extraordinary Meeting held 29th September, 2009 Council resolved to adopt its Committee structure and memberships for the upcoming Council term effective through to September 2010. The need has arisen to make two minor amendments to this resolution.

 

Issues

 

Councillor Margaret Woodsmith has long been a leading advocate of the Arts and other areas of cultural significance in the City of Randwick. It appears there was an oversight and Cr Woodsmith was inadvertently left off the Cultural Advisory Committee. Accordingly, with his concurrence, I propose to replace Cr Hughes with Cr Woodsmith on the Cultural Advisory Committee.

 

Similarly, Cr Hughes has been at the forefront of all environmental issues throughout the City of Randwick for many years. As a leader in his field it is only fitting that Cr Hughes hold the position of Deputy Chairman on Council’s Environmental Committee.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

These appointments recognise the contribution both Councillors have made in their respective areas of expertise over many years and it is only fitting that they hold these positions.

 

 

Recommendation

 

That:

 

(a)    Cr Woodsmith replace Cr Hughes on Council’s Cultural Advisory Committee; and

 

(b)    Cr Hughes be appointed as the Deputy Chairman of Council’s Environment         Committee.

 

 

Attachment/s:

 

Nil

 

  


Ordinary Council

20 October 2009

 

 

 

Director City Planning Report No. CP64/09

 

 

Subject:                  79-81 Hannan Street, Maroubra

Folder No:                   DA/113/2009

Author:                   Kerry Kyriacou, Manager Development Assessment     

 

Introduction

 

On July 2009 Council resolved:

 

(Seng/Matson) “that this application be deferred to allow the applicant to submit revised plans to address both the lack of parking available onsite and the loss of views to neighbouring properties.”

 

The applicant submitted revised plans increasing the amount of on site car parking and at its meeting on 25 August 2009 Council resolved:

 

(Matson/Hughes) “that the application be deferred for mediation to clarify the technical requirements for the operation of the stackers and to improve amenity by looking at other design options to increase setbacks, particularly on the south west corner of the site.”

 

A mediation session was held on 24 September 2009. In relation to the provision of car stackers, an agreement was reached between the parties to include an additional 2 car stackers spaces to comply with the Council requirement.

 

In relation to design options to increase setbacks, there was no agreement. The applicant has submitted amended plans indicating the changes to the basement to accommodate to the additional spaces.

 

Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

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

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

Key Action:   Encourage and reward design excellence and sustainability, establishing Anzac Parade as the future boulevard.

 

Financial impact statement

 

There is no direct financial impact for this matter.

 

Conclusion

 

The proposed additional parking is considered to result in a better outcome and the proposed development is acceptable in relation to views.

 

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

 

 

Recommendation

 

That Council, as the consent authority, grant development consent under Section 80(A) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 113/2009 for the demolition of two existing single storey dwelling houses and the construction of a new five storey residential flat building containing fifteen two bedroom dwellings, five one bedroom dwellings, car parking for twenty two vehicles and strata subdivision, at No. 79-81 Hannan Street, Maroubra, subject to the following conditions:

 

Conditions of Consent

 

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

 

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

 

No.

Prepared By

Revision Dated

Received by Council

DA 1000 A

Sgammotta Architects

20.05.09

22.05.09

DA 2000 C

Sgammotta Architects

Jul 2009

30.09.09

DA 2001 A

Sgammotta Architects

20.05.09

22.05.09

DA 2002 A

Sgammotta Architects

20.05.09

22.05.09

DA 2003 A

Sgammotta Architects

20.05.09

22.05.09

DA 2004 A

Sgammotta Architects

20.05.09

22.05.09

DA 3000 A

Sgammotta Architects

20.05.09

22.05.09

DA 3001 A

Sgammotta Architects

20.05.09

22.05.09

DA 3002 A

Sgammotta Architects

20.05.09

22.05.09

DA 3003 A

Sgammotta Architects

20.05.09

22.05.09

DA 3100 C

Sgammotta Architects

Jul 2009

30.09.09

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

12.      A report, prepared by a suitably qualified and experienced consultant in acoustics, shall be submitted to the Council prior to an occupation certificate being issued for the development, which demonstrates and certifies that noise and vibration emissions from the development comply with the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Environmental Protection Authority Noise Control Manual & Industrial Noise Policy and conditions of Council’s approval, to the satisfaction of Council’s Manager Health, Building & Regulatory Services.

 

13.      There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

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

 

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

 

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

 

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

 

16.      Prior to the commencement of any building works, a construction certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

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

 

20.      An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

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

 

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

 

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

 

22.      The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, is to be forwarded to the Long Service Levy Corporation or the Council, prior to the issuing of a Construction Certificate, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

23.      A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

24.      As a minimum, the building is required to be provided with a smoke alarm system complying with Clause 3 of Specification E2.2a of the Building Code of Australia or a smoke detection system complying with Clause 4 of Specification E2.2a of the Building Code of Australia or a combination of a smoke alarm system within the sole-occupancy units and a smoke detection system in areas not within the sole-occupancy units.  The smoke detectors located within the stairway, corridors or the like must be interconnected.

 

Additional requirements regarding the design and installation of the smoke detection and alarm system may be specified in the construction certificate for the development.

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

31.      A Certificate prepared by a professional engineer shall be submitted to the certifying authority (and the Council, if the Council is not the certifying authority) prior to occupation of the building, which certifies that the building works satisfy the relevant structural design requirements of the Building Code of Australia.

 

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

 

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

 

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

 

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

 

33.      The adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of any building located on an adjoining allotment of land, the person causing the excavation must:

 

·       preserve and protect the building /s on the adjoining land from damage; and

·       effectively support  the excavation and building; and

·       at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land (including a public road or public place), give notice of the intention and particulars of the works to the owner of the adjoining land.

 

Notes

 

·    This consent and condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the principal contractor or owner-builder must obtain:

a)     the consent of the owners of such adjoining or supported land to trespass or encroach, or

b)     an access order under the Access to Neighbouring Land Act 2000, or

c)     an easement under section 88K of the Conveyancing Act 1919, or

d)     an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

·    Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

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

 

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

 

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

 

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

 

Noise and vibration from any rock excavation machinery and pile drivers (or the like) must be minimised by using appropriate plant and equipment and silencers and a construction noise and vibration minimisation strategy, prepared by a suitably qualified consultant is to be implemented during the works, to the satisfaction of the Principal Certifying Authority.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

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

 

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

 

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

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

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

 

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

 

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

 

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

 

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

 

i)      Temporary toilet facilities are to be provided, at or in the vicinity of the work site throughout the course of demolition and construction, to the satisfaction of WorkCover NSW and the toilet facilities must be connected to a public sewer or other sewage management facility approved by Council.

 

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

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

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

 

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

 

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

·       location of site storage areas/sheds/equipment;

·       location of building materials for construction;

·       provisions for public safety;

·       dust control measures;

·       site access location and construction

·       details and methods of disposal of demolition materials;

·       protective measures for tree preservation;

·       provisions for temporary sanitary facilities;

·       location and size of waste containers/bulk bins;

·       details of proposed sediment and erosion control measures;

·           construction noise and vibration management;

·           construction traffic management provisions.

 

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

 

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

 

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

 

Dust control measures and practices may include:-

 

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

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

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

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

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

·       Revegetation of disturbed areas.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

§   Australian Standard 2601 (2001) – Demolition of Structures

§   Occupational Health and Safety Act 2000

§   Occupational Health and Safety (Hazardous Substances) Regulation 2001

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

§   WorkCover NSW – Guidelines and Codes of Practice

§   Randwick City Council’s Asbestos Policy

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

 

 

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

 

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

 

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

§   Details of hazardous materials, including asbestos

§   Method/s of demolition and removal of asbestos

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

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

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

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

§   Date the demolition and removal of asbestos will commence

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

The following conditions are applied to provide reasonable levels of access for people with disabilities:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Category

Cost

Applicable Levy

S94A Levy

Development cost more than $200,000

$3,876,000

1.0%

$38,760

 

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

 

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

 

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

 

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

 

a)   $10,000.00 -      Damage / Civil Works Security Deposit

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

d)   Install “No Stopping” signs along the Glanfield Street frontage, to the satisfaction of Council’s Traffic Engineer and relocate the existing “Give Way” sign at the Glanfield Street/Hannan Street intersection.

 

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

 

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

 

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

 

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

 

53.      All new walls adjacent to vehicular crossings must be lowered to a height of 600mm above the internal driveway level for a distance of 1.50m within the site or splayed 1.5 metre by 1.5 metre to provide satisfactory sight lines. Details are to be submitted to the Certifying Authority prior to the release of the construction certificate showing compliance with this condition.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a)   Manufacturer specifications and instructions for operation;

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

c)   Maintenance schedules;

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

65.      A public utility impact assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

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

 

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

                                         

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

 

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

 

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

 

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

 

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

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

 

1. Under the Hannan Street road carriageway

2. Across the site frontage.

 

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

 

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

 

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

 

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

 

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

 

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

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

 

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

 

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

 

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

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

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

 

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

 

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

 

72.      All stormwater run-off naturally draining to the site must be collected and discharged through this property's stormwater system.  Such drainage must, if necessary, be constructed prior to the commencement of building work.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

76.      Any Infiltration systems/Absorption Trenches must be designed in accordance with "Section 8.5 ABSORPTION TRENCHES" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

 

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

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

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

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

 

Notes:

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

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

 

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

 

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

 

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

 

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

 

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

 

The pump system must also be designed and installed strictly in accordance with "Section 8.4 PUMP SYSTEMS" as stipulated in Randwick City Council's Private Stormwater Code.

 

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

 

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

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

·      A sign adjacent to the pit stating:

 

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

 

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

 

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

 

Notes:

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

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

b)   Finished site contours at 0.2 metre intervals;

c)   Volume of storage available in the detention areas;

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

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

f)    Details of any infiltration/absorption systems; and

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

 

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

 

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

 

Notes:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

95.      The waste storage areas shall be clearly signposted.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

 

Tree Management

 

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

 

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

 

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

 

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

 

ADVISORY MATTERS:

 

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

 

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

 

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

 

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

 

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

 

a)     Part B1     -    Structural provisions

b)     Part C1     -    Fire resistance and stability

c)     Part C2     -    Compartmentation and separation

d)     Part C3     -    Protection of openings

e)     Part D2     -    Construction of exits

f)      Part E1     -    Fire fighting equipment

g)     Part E2     -    Smoke Hazard Management

h)     Part E3     -    Lift Installations

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

j)      Part F1     -    Damp and weatherproofing

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

l)      Part F3     -    Room sizes

m)     Part F4     -    Light and ventilation

n)     Part F5     -    Sound Transmission and Insulation

o)     Section J  -    Energy efficiency

 

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

 

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

 

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

 

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

 

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

 

 

 

Attachment/s:

 

Nil

 

 


Ordinary Council

20/10/2009

 

 

 

Director City Planning Report No. CP65/09

 

 

Subject:                  554 Bunnerong Road, Matraville

Folder No:                   DA/222/2009

Author:                   Wendy Wang, Environmental Planning Officer     

 

Proposal:                     Demolition of existing dwelling and construction of a 4 storey mixed use development comprising of a ground level commercial tenancy, 16 residential units, 2 levels of parking for 23 vehicles and associated site works

 

Ward:                      South Ward

 

Applicant:                SSRB Developments

 

Owner:                         Ms I Borg &  Ms M J Smith

 

Summary

Recommendation:     Approval

 

 

 

 

Subject Site

 

 

 

 

 

 

 

 

Submissions received

Ù

North

Locality Plan

1.      Executive Summary

 

The application is referred to Council as it is valued at $2,857,850.

 

The proposal is for the demolition of the existing single storey dwelling on the site and construction of a four (4) storey mixed use development comprising of a ground floor commercial tenancy, 16 residential units, 2 levels of parking for 23 vehicles (one level of semi basement and one level of basement accessed off Harold Street) and associated site works.

 

The proposal does not comply with Clause 42DA (6) - Matraville Town Centre of the Randwick LEP 1998 which requires that for buildings to the rear of an allotment the maximum number of storeys is 3 and maximum building height (to the underside of the top-most ceiling) is 9.9m. Additionally, under Clause 42DA (6), for buildings fronting the street edge (i.e. Bunnerong Road), when the site has a minimum frontage of 7m, the maximum number of storeys is 4 and the maximum building height (to underside of the top-most ceiling) is 12.8m.

 

The proposed building is comprised of two main portions, with a narrow portion in the mid section, giving the building a ‘U shape” when viewed on the site plan. The assessment is based on the DCPs controls relating to sections of a building fronting Bunnerong Road and sections of a building at the rear of an allotment.

 

The proposed Bunnerong Road building complies with the 4 storey height limit and the maximum building height limit of 12.6m at the street edge. However, the proposed component at the rear of the site will be 4 storeys and 12.6m high to the underside of the top-most ceiling (exceeding by 1 storey and 2.7m). Further, the Matraville DCP requires internal floor to ceiling heights be a maximum of 2.9m and the application proposes 2.7m. 

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards in relation to the non-compliances with Clause 42DA (6) of Randwick LEP No 1998 (maximum building height and number of storeys). The non-compliances have been assessed and found acceptable as the proposal will be consistent with the planning objectives for the locality; the breach in the rear portion of the building still results in a built form that will be appropriate in scale with Harold Street and the existing residential flat building adjoining the subject site to the north.

 

Overall, the development is considered to be consistent with the character of desired future development as envisaged in the DCP – Matraville Town centre; and the additional density and height will not give rise to any detrimental impacts to surrounding properties.

 

The proposal complies with the numerical car parking requirement of the DCP – Car parking.

 

The proposal would be suitable for the site and would have acceptable impacts on the amenity of adjoining and surrounding properties.

 

The recommendation is for approval subject to conditions.

 

2.      The Proposal

 

The proposed development is a 4 storey building, with vehicular access from Harold Street, directly to the south of the site and comprises the following works:

 

·      1 x retail/commercial unit at ground level

·      1 x studio unit with disabled access at ground level

·      2 x 2 bedroom dwellings at level 1A

·      3 x 2 bedroom dwellings at level 1

·      2 x 1 bedroom dwellings at level 1

·      3 x 2 bedroom dwellings at level 2

·      2 x 1 bedroom dwellings at level 2

·      2 x 2 bedroom dwellings at level 3

·      1 x studio unit  at level 3

 

The proposal is generally complies with policy controls of the DCP – Matraville Town Centre with the exception of the maximum number of stories, building height control (which has been addressed in the SEPP 1 Objection assessment).

 

An open central courtyard is proposed on the ground level adjacent to the existing central courtyard located on the adjacent site at No. 552 Bunnerong Road. The external finishes of the proposed building will be a combination of rendered and painted and face brick-work elements. Car parking for the development would be accommodated within one semi basement and one sub-basement level of car parking containing a total of 23 car spaces. Due to the size and slope of the site, the basement parking will be configured into upper, middle, and lower car parking levels.

 

2.1    Application History

 

The application was lodged on 14th April 2009. Accordingly, the plans accompanying the development application were referred to the Design Review Panel for SEPP 65 - Design Quality of Residential Flat Development, Council’s Building Health and Building officers, and Council’s Development Engineers for comment.

 

Issues were raised by Council in relation to the following: -

 

·      Rear Setback of balconies

·      Provision of adequate storage areas

·      Unit layout and configuration

·      Boundary fencing and planting with 70 Harold Street should be modified for a better transition toward the residential development to the rear.

·      Unsatisfactory car park and turning bay layout

·      Potential flooding issues along the Harold Street driveway and car park entrance, it was advised that the proposed internal driveway and any other openings into the basement car park must be designed with a high point at least 450mm above determined surveyed high point in Harold Street.

·      There is a requirement for a reinforced concrete pipe located under Council’s gutter for drainage along Harold Street

·      Amended depth of the basement bore holes

 

Subsequently, amended plans and supplementary information were received on 8th September 2009 in response the matters raised by the Design Review Panel (comments included in Section 10.3 of this report) and Council officers.

 

The applicants were further advised that in order to mitigate flooding issues along the Harold Street frontage by elevating the rear section of the building by 300mm. Amended plans were again received on 29th September 2009 and form the subject of the current assessment.  

 

In summary the amended plans propose the following modifications:

 

·      Reduced height of the rear fence and allowance for adequate deep soil planting to the rear between the site and No. 70 Harold Street.

·      Reconfiguration of rear balconies and balcony walls to directly align with the rear setback of the development to the north.

·      Widened walkways to provide clearer and more direct access to units.

·      Curtain wall on the eastern side provided with sun shading devices.

·      Provide north facing clerestory windows over the living areas of all top floors.

·      Ceiling fans for all bedrooms.

·      Roof insulation as per BASIX requirements.

·      Street verge planting.

·      Modification of entry corridors.

·      Ground floor commercial tenancy and Unit 1 reconfigured.

·      South west units amended to provide balcony

·      Directing living areas to the street elevations as opposed to the internal courtyard.

·      Uni6 6 provided with additional storage.

·      Unit 4 entry reconfigured to be offset from the kitchen such that access is not directly through the kitchen area.

·      Car parking and traffic study provided.

·      Elevation of rear of building to overcome flooding issues.

·      Amended geotechnical report

·      Amended storm water plans.

 

The amended plans adequately address the issues raised by Council and the Design Review Panel and are considered to be satisfactory for approval subject to conditions of consent. The amended plans do not reach full compliance with the statutory height limit or with number of storeys (as specified in the DCP for Matraville Town Centre). The applicant has therefore submitted a SEPP 1 objection to address this non-compliance with the corresponding clause as contained in the Randwick Local Environmental Plan 1998.

 

3.      The Subject Site and Surrounding Area

 

The subject site is known as Lot 83 in DP 8313 and is located on the western side of Bunnerong Road in Matraville, on the corner of Harold Street and consists of a single residential lot. The subject site is slightly irregular with a frontage of 13.52m to Bunnerong Road, a northern side boundary of 44.76m and a southern side boundary of 43.856 to Harold Street. The site falls from east to west by approximately 1.1m and a cross fall north/south of 0.4m. The total site area is 620.8 sqm.

 

The site is currently occupied by a single storey brick and tile dwelling. There are two existing sheds and a grassed area without significant planting to the rear.

 

Development in the locality is characterised by a mix of uses due to the range of zonings in the area. Sites to the rear of the subject site are zoned Residential 2A and are characterised by 1-2 storey detached dwellings. Adjacent to the site to the north is a new 3-4 storey residential flat building with ground floor commercial/retail tenancy. To the east is Bunnerong Road, to the south is Harold Street, and to the west of the site is a single storey brick and tile dwelling similar in age and size to the existing dwelling on the subject site. The allotments facing Bunnerong Road are located at the southern end of the Matraville Commercial Centre (which terminates at Harold Street, immediately to the south of the site). Refer to images of the site and surrounds below.

 

 

 

 

 

 

 

 

Photographs of the site and surrounds

1. The existing building

2. Adjoining 4 storey residential flat building to the north

3. Adjoining single storey detached dwelling immediately to the west of the site

4. Development to the north of the subject site along Bunnerong road

 

4.      Site History

 

A pre-lodgement development application was lodged on 27 March 2009 and a meeting was held in September 2009. Apart from this there is no other history relevant to the subject site and proposal.

 

5.      Community Consultation

 

The proposal has been notified and advertised from 29th April 2009 to 13th May 2009 in accordance with the in accordance with the provisions of Development Control Plan (DCP) – Public Notification of Development Proposals and Council Plans. In response, two submissions and one petition containing 40 signatures was received raising the following issues:

 

·      The application does not comply with Randwick Council LEP and Matraville Town Centre Development Control Plan (DCP)

 

Comment: Despite the non-compliances with the height standards, the proposal does not result in any inconsistencies with the objectives of the Local Business Zone 3B under Randwick Local Environmental Plan 1998. Refer to Sections 10.1.1 and 10.2.1 for detailed assessment.

 

·      The SEPP 1 objection submitted undermines the objectives of the planning instruments affecting Matraville.

 

Comment: An assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

As such, the SEPP 1 is considered to be well founded and is supported.

 

·      The application does not comply with or adequately address the provisions of SEPP 65 - Design Quality of Residential Flat Development

 

Comment: The application has been referred to the Design Review Panel and amended in accordance with the comments provided. The amended proposal adequately addressed the majority of the Panel’s concerns and represents a significant improvement over the earlier design of the original proposal. Where deficiencies still exist, conditions haven been appropriately applied to ensure the provisions of SEPP 65 are met. For detailed assessment, refer to Section 10.3 of the report.

 

·      Council should not allow a development similar to that of 552 Bunnerong Road to be replicated.

 

Comment: The height, bulk and scale of the proposal at 4 storeys has been assessed and found to be appropriate in the builtform context of the site and the adjoining development at 552 Bunnerong Road, which is a 4 storey residential flat building on the western side. 

 

·      The development does not provide a smooth transition to the residential buildings to its south, east and west and lacks architectural merit.

 

Comment: The proposal will achieve an appropriate stepping down in height from Bunnerong Road through to the rear of the site, effecting a reasonable transition in building height and scale of development from the Bunnerong Road frontage to the rear boundary commensurate with the building envelope controls indicated in Table 4 of Section 3.3 of the DCP – Matraville Town Centre. In this regard, the proposal accords with the height objectives of the DCP (Section 3.3.2 Heights) in achieving an appropriate  visual transition between the heights of buildings on Bunnerong Road and the heights of buildings ‘behind’ the main street.

 

·      The proposed building is oversized and presents large expanse of brick wall.

 

Comment: The facades are appropriately articulated with balconies, shading devices and a combination of finishing materials, which will improve their presentation to both Bunnerong Road and Harold Street. For detailed assessment refer to Section 10.2.1 of the report.  

 

·      Proposal will result in additional overshadowing to 70, 75, 77 and 79 Harold Street, Matraville.

 

Comment: The proposal will not reduce solar access to any existing north-facing windows or open spaces of adjoining properties to less than 3 hours on the winter solstice. This is attributed to Harold Street and north facing front yards of dwellings along Harold Street being directly south of the subject site. Further, the application has included shadow diagrams, which demonstrate that the proposal will have acceptable impacts on existing residential properties to the west of the subject site.

 

·      The development will further exacerbate parking and access issues which cannot be adequately served by internal car spaces.

 

Comment: The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. The proposal complies numerically with the parking rates specified in the DCP – Parking. The DCP also requires a minimum of 5.3 bicycle parking spaces to be provided on site. A bicycle storage area is shown in the ground level basement plan that can accommodate 8 bicycles.

 

·      There was no mention of site management including storm water management.

 

Comment: The application has been assessed by Council’s Development Engineers. Subject to appropriate conditions of consent and the amended plans submitted by the applicant, no objections have been raised in relation to drainage.

 

·      The proposal does not comply with 9 metre setback for adjoining residential zone and should not further burden 70 Harold Street at the front of the home as well as at the back. This will also directly affect front of properties at least to 68, 66, 64, 62, 60, 58 Harold Street.

 

Comment: The building is setback 2.1 – 6.5m from the rear boundary adjoining No. 70 Harold Street. The rear terraces servicing units 3 & 4 are approximately 2m from the rear boundary and the first, second, and third levels are set back 6.5m from the rear boundary. Although this does not comply with the DCP control, it is considered acceptable given the rear facing balconies and terraces will be provided with adequate screening devices such that there is minimal impact to the privacy of the adjoining property to the rear.

 

The applicant was requested to modify the initial design such that the balconies of the rear units (ie of levels 1 and 2) would be identical to those of 552 Bunnerong Road (generally between approximately 6.2m on the southern side of the site and 6.5m on the northern side of the site).

 

The building has been articulated through the incorporation of balconies and a combination of solid and open elements. The articulation is considered sufficient subject to additional details of the materials proposed, particularly to the internal elevations to the communal courtyard space. The building form proposed, having a front, middle and rear wing with landscaping between has reduced bulk and scale impacts on the adjoining property and the street.

 

·      There should be no residential apartments fronting Bunnerong Road and the corner of Bunnerong Road and Harold Street.

 

Comment: The building height and number of storeys at the Bunnerong Road frontage comply with the standard as prescribed by the Randwick Local Environmental Plan 1998. The height, bulk and scale of the rear of the proposed mixed use development at 4 storeys has been assessed and found to be appropriate in the context of the subject site. The western section of Bunnerong Road on which the subject site is situated is bound by Harold Street and Perry Street. This section is characterised by 3-4 storey mixed use development of a similar scale and similar building envelopes. Section 3.3.2 of the Matraville Town Centre DCP (Heights) stipulates that street corners are reinforced by concentrating the tallest part of the building at the corner. Given the subject site is a corner allotment, the scale of the proposal, despite its non-compliance with the maximum storey limit and building height limit toward the rear is considered to contribute positively to the area in terms of responding to the context of the adjoining sites, in particular existing development to the north when viewed from Bunnerong Road.

 

·      The proposal requires an awning enveloping the entire east and south facades. Pedestrians would rely on the awning and should be included as well as awnings extending along the whole of the development site. The awning would provide commercial options to the commercial units e.g. outdoor dining area

 

Comment: No awning has been proposed. Although this does not comply with the DCP requirement, the building is consistent with the adjoining premises at No. 552 Bunnerong Road, as well as the residential flat building further to the north.

 

·      It is unclear whether the balconies comply with minimum depth and minimum area requirements.

 

Comment: The proposed balcony sizes comply with the requirements of the DCP. For detailed assessment refer to Section 10.2.1 (3.5.3 – balconies)

 

·      Does the proposal also have a Green Star rating or NABERS commitment rating?

 

Comment: BASIX assessment for residential component satisfies BASIX criteria. For detailed assessment, refer to Section 10.7 of the report.

 

·      There are already a significant number of cheap one and two bedroom units along Bunnerong Road and the close neighbour Hillsdale. There are significant social problems which arise from clustering of cheap developments.

 

Comment: The proposal will promote the strategic objectives of the DCP – Matraville Town Centre by introducing a mix of retail/commercial uses and residential development within the town centre and focuses density within walking distance of public transport and services provided within the town centre.  The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single persons or share households; young couples such as first home buyers; “empty nester” household; and young families. It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for businesses, employees and patrons which will in turn encourage the location of services and facilities into the area.

 

·      The proposal should have a landscape plan completed by a qualified landscape designer as required in the DCP.

 

Comment: It is noted that an amended landscape plan was not submitted, therefore, appropriate conditions of consent relating to landscape requirements will be applied requiring appropriate details of plantings suitable for deep soil area will be applied.

 

·      The proposed driveway and sight lines are inadequate and unsafe for pedestrians passing along the Harold Street side of the development.   

 

Comment: The application has been assessed by Council’s Development Engineers. Subject to appropriate conditions of consent and the amended plans submitted by the applicant, no objections have been raised in relation to vehicular and pedestrian safety.

 

Summary

Submissions made by residents have been addressed throughout this report. For issues relating to SEPP 65 and compliance with the Matraville DCP, BASIX, refer to the relevant sections and assessment contained within this report (sections 10.3, 10.2.1, and 10.7, respectively). The applicant has submitted amended plans and supplementary information relating to traffic and parking. The proposal has been assessed by Council’s Development Engineers and no further objections were raised on traffic or safety grounds subject to appropriate conditions of consent.

 

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:-

 

Manager Environmental Health and Building Services

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

 

Building Services comments

 

The Proposal

The proposal provides for the demolition of the existing buildings located upon the site and construction of a new 4 storey mixed residential and commercial development containing 16 SOU’s, a single commercial unit and basement carparking.

 

BCA Building Classification

Class        -      5/6   (Commercial)

Class        -      2      (Residential units)

Class        -      7a    (Carpark)

 

Background

The existing building on site is a post war brick dwelling bounded by buildings of a similar nature and mixed residential/commercial developments.

 

Key Issues

Building Code of Australia (BCA):

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

 

Site Management:

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

 

Access for people with a disability:

The proposal appears to demonstrate compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Access for people with a disability is required to be provided to the basement car park and the ground floor commercial space and, sanitary facilities for people with a disability are also required to be provided to the development, in accordance with the provisions of the BCA.

 

Standard conditions should be included to confirm these requirements, to ensure compliance with the BCA and AS1428.

 

The applicant or other person having the benefit of the consent will also be advised to fulfil their obligations under the DA.

 

RECOMMENDATION:

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

 

Development Engineers

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

 

Engineers Comments

An amended application has been received for the construction of a residential flat building at the above site containing 16 units and a commercial/office unit with basement car parking for 23 spaces.

 

The amended plans relate to raising the carpark levels and the overall building height by 0.30m’s

 

This report is based on the following plans and documentation:

·      Project No 080803 by asa architects dated March 2008, stamped by Council 29 Sept 2009;

·      Geotech Report by Grant Alexander & Assoc P/L stamped by Council 8th Sept 2009.

 

Carpark / Parking Comments

 

Council’s DCP-Parking would require the following parking provision:

Commercial Unit: 1 space;

Studio unit: 1 space (2 x 0.5);

1 bedroom: 4 spaces;

2 bedroom units: 12 spaces (10 x 1.2); and

Visitor parking 4 spaces (1 per 4 units).

 

Total Required  spaces 22, total provided is 23 spaces and therefore the application is compliant with council’s DCP-Parking.

 

The Development Engineer initially raised concern about the potential for conflict between vehicles entering the site and vehicles exiting the site from the lower and mid level carparks. The applicant’s Traffic consultant has submitted a response to Council’s concerns and his response can be summarised as follows:

 

This is a low volume (Category 1) access driveway off a local road with the peak traffic generation (combined in and out movements) in the order of 8 vehicles per hour.

 

The potential for vehicle conflict at the main entry/exit point and on the proposed circulation ramps linking the carpark levels is minimal. A condition aimed at further reducing potential conflict has been included within this report, (requirements for suitably designed signal system).

 

The applicant is also advised that the proposed provision of a “Turning Bay” opposite car space No 20 to allow satisfactory turning paths for vehicles entering/exiting the car space is considered unsatisfactory prior to the issuing of the Construction Certificate, the applicant is to have the submitted plans for the lower car park level amended as follows:

 

·      Reduce the width of car spaces 21 & 22 to 2.40m.

·      Increase width of turning bay adjacent to car space No 21 to 2.30m

 

Protection from Flooding Issues

There is a localised low point in the Harold Street footpath, west of the development site. The applicant was advised that the driveway opening and other openings into the basement car park area must be suitably protected up to RL 14.15 metres AHD. This level represents 450mm above the centreline of the Harold Street roadway at the location of the localised low point. RL 14.15 metres AHD therefore provides a 150mm freeboard assuming 300mm depth of water is draining in a south-west direction over the centreline of Harold Street 

 

The amended application has indicated a car park slab level of 13.90 metres AHD and Council proposes to have this slab rise up to RL 14.15 metres AHD at the Harold Street entry/exit point. Prior to the issuing of a construction certificate the applicant is to submit plans to Council’s Development Engineering for approval which shows detailed internal driveway grades from the roller shutter car park entrance (RL 14.15 AHD) to the entry car park level (RL 13.90 AHD). The details shall also show height clearances which allow for disability vehicles to enter the car park.

 

Geotechnical Report Issues

The applicant has submitted an addendum (received by Council stamped 08 Sept 2009) to the original Geotechnical Report by Grant Alexander & Assoc, dated 15th Jan 2008. The addendum stated bore hole depths were drilled to a depth of RL 7.9m and that groundwater was intercepted at a depth of RL 10.8 which is only 400mm below the new proposed lower car park level of RL 11.20. Relevant dewatering, waterproofing and tanking conditions have been included in this report.

 

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

 

7.      Master Planning Requirements

 

Clause 40A(1) of RLEP 1998 provides that consent may be granted to a development application made in respect of a site consisting of more than 4,000m2 only if: (a) a master plan has been adopted, and (b) the consent authority is satisfied that the development is not inconsistent with the provisions of that master plan. The site has a land area of 620.8m² and a master plan is not required.

 

8.      Statutory Instruments and Controls

 

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

 

8.1    Randwick Local Environmental Plan 1998

The site is identified as being within Zone No. 3B (Local Business Zone) under Randwick Local Environmental Plan 1998. The site is also located within the defined area of the Matraville Town Centre. The proposal includes residential apartments and retail/commercial units on the ground floor, which are permissible in the 3B Zone with development consent.

 

The following clauses of the LEP apply to the proposal:

Clause

Requirement

Proposal

Compliance

40

Excavation and filling of land

The subject site has a flat terrain and the proposal does not require significant excavation and earth filling other than that required to accommodate the proposed basement parking levels.

 

Complies

42DA

Matraville Town Centre

 

 

42DA(1)

Applies to land marked on the map to LEP Amendment No. 37

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

 

 

42DA(2)

Objectives

 

 

 

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

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

 

Complies

 

(b) to encourage a vibrant and active town centre

The proposal will introduce residential and commercial uses that will contribute to activation of the town centre precinct.

 

Complies

 

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

The proposal includes ground level retail / commercial suites with apartment units above. The proposed land uses will introduce a resident and employee population that will reinforce the vibrancy of the town centre.

 

Complies

 

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

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

 

Complies

 

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

The proposed building is appropriately proportioned and articulated, and will not result in detrimental impacts on the future visual character of Bunnerong Road and the surrounding public domain. An awning will be provided along the street frontage and will ensure the comfort and amenity of pedestrians.

 

Complies

 

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

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

Complies

 

 

 

 

 

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

The proposal will introduce residential and commercial uses in close proximity to public transport services along Bunnerong Road.

Complies

 

 

 

 

 

 

 

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

The proposed design has maximised use of natural lighting, and high degree of cross ventilation to apartments, and incorporated appropriate features that reduce energy consumption.

 

Complies

 

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

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

Complies

42DA(4)

The following requirements contained in the Matraville Town Centre DCP are incorporated into the LEP:

(a) maximum number of storeys

(b) maximum height

 

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

 

42DA(5)

For building fronting Bunnerong Road:

Maximum number of storeys: 4

Maximum height to underside of ceiling: 12.8m

 

For components of buildings at the rear of a lot:

Maximum number of storeys: 3

Maximum height to underside of ceiling: 9.9m

 

 

 

Bunnerong Road building:

4 storeys, 12.6m

 

 

 

 

 

 

4 storeys, 12.6m (exceeds by 1 storey and max 2.7m)

 

 

 

 

 

 

 

 

 

 

 

No (SEPP No.1 lodged)

 

8.2    Relevant State Environmental Planning Policies

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

 

·      State Environmental Planning Policy 2004 – Application of Development Standard

·      State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development

 

The application of these policies to the proposal is addressed in Section 10.1.2 below.

 

9.      Policy Controls

The Policy controls applicable to the proposed development are:

 

·      Development Control Plan – Matraville Town Centre

·      Development Control - Parking

 

The application of these DCPs is assessed in Section 10.2 below.

 

10.    Environmental Assessment

 

10.1  Statutory Controls – S79C(1)(a)

 

10.1.1 Randwick Local Environmental Plan 1998

Clause 42DA      Matraville Town Centre

The proposal does not comply with the maximum storey/building height standards of the Randwick Local Environmental Plan 1998 as follows:

 

Clause

Requirement

Proposal

Compliance

42DA(5) & (6)

For building fronting Bunnerong Road:

Maximum number of storeys: 4

Maximum height to underside of ceiling: 12.8m

 

For components of buildings at the rear of a lot:

Maximum number of storeys: 3

Maximum height to underside of ceiling: 9.9m

 

 

 

 

Bunnerong Road building:

4 storeys, 12.6m

 

 

 

 

 

 

4 storeys, 12.6m (exceeds by 1 storey and max 2.7m)

 

 

 

 

 

 

 

 

 

 

 

No (SEPP No.1 lodged)

 

The applicant has submitted an objection under State Environmental Planning Policy No.1 - Development Standards, and has argued that strict compliance with Clause 42DA (6) of Randwick LEP No 1998 is unreasonable and unnecessary. Non-compliance is assessed under State Environmental Planning Policy No 1 after the four principles in Lloyd J in Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46 (6 April 2001):

 

1.      Whether or not the planning control is a development standard

The storey and building height controls in question are development standards contained in the Randwick LEP 1998.

 

2.      The underlying object or purpose of the standard

The underlying objectives of the standard, as outlined in DCP – Matraville Town Centre (Section 3.3.2 Heights), are:

 

·      To ensure an appropriate relationship between new development, street width, and surrounding dwellings

·      To achieve a consistent built street edge height

·      To ensure appropriate floor to ceiling height within buildings

·      To achieve a visual transition between the heights of buildings on Bunnerong Road and the heights of buildings ‘behind’ the main street

 

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

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

 

(1)    The proposal will be consistent with planning objectives for the Matraville Town Centre as listed in Clause 42DA sub-clauses (2) (a) to (i) of the Randwick LEP as follows:

 

Clause

Objectives

Proposal

Compliance

42DA (6) (a)

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

The proposal is considered to deliver a high quality built form that improves the streetscape character of Bunnerong Road as well as Harold Street.

 

Complies

42DA (6) (b)

to encourage a vibrant and active town centre

The proposal will introduce residential and commercial uses that will activate the town centre precinct.

 

Complies

42DA (6) (c)

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

The proposal includes a ground level retail / commercial suite with apartment units above. The proposed land uses will introduce a resident and employee population that will potentially, work, shop and use services within the town centre thus reinforcing the vibrancy of the town centre.

 

Complies

42DA (6) (d)

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

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

 

Complies

42DA (6) (e)

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

The proposed building (as amended) is appropriately proportioned and articulated, and will not result in detrimental impacts on the future visual character of Bunnerong Road and the surrounding public domain.

Complies

42DA (6) (f)

to encourage and facilitate the provision of appropriate vehicular access and off-street parking

The development will incorporate suitable on-site parking in accordance with the DCP –Parking as well as access facilities.

Complies

 

 

 

 

42DA (6) (g)

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

The proposal will introduce residential and commercial uses in close proximity to existing public transport services along Bunnerong Road.

Complies

 

 

 

 

 

 

42DA (6) (h)

to require environmentally sustainable approaches to future land use and development

The proposed design has maximised use of natural lighting, and full cross ventilation to all apartments, and incorporated appropriate features that reduce energy consumption.

 

Complies

42DA (6) (i)

to improve the overall environmental quality of the town centre

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

Complies

 

(2)    Despite the non-compliances with the height standards, the proposal does not result in any inconsistencies with the objectives of the Local Business Zone 3B under Randwick Local Environmental Plan 1998.

 

(3)   The development will promote the redevelopment of the subject site for mixed use retail/commercial and multi-unit residential development as envisaged in the Matraville Town Centre DCP.

 

(4)   The proposed development will also result in an improved urban environment, ensuring an orderly and economic use of land for urban consolidation in the subject site with minimal adverse environmental and amenity impacts on neighbouring uses and locating these in close proximity to public transport, regional centres and services.

 

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

 

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

 

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

 

“to encourage:

 

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

 

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

 

The variation from the height standard is not inconsistent with the aims of the SEPP No.1 because it would not detract from the objects of the Act under Section (a) (i) and (ii), specifically, in that the resultant development would promote the orderly use and development of the subject land in line with the Randwick LEP 1998.

 

4.      Whether compliance with the development standard is unreasonable or unnecessary in the circumstances of the case?

 

It is considered that a development compliant with the prescribed maximum storey and building height standards would be unreasonable in the subject site for the following reasons:

·      The building height and number of storeys at the Bunnerong Road frontage comply with the standard as prescribed by the Randwick Local Environmental Plan 1998. As the non-compliance is restricted to the rear of the site, the additional storey presents minimal bulk and scale when viewed from Bunnerong Road and will not result in a visually intrusive building but will have a consistent building height with that of the adjoining mixed use development immediately to the north of the site. It is therefore considered that the proposal is consistent with future desired development under the DCP. In this regard, the proposal accords with the height objectives of the DCP (Section 3.3.2 Heights) in achieving a consistent built street edge height to Bunnerong Road.

·      The height, bulk and scale of the rear of the proposed mixed use development at 4 storeys has been assessed and found to be appropriate in the context of the subject site. The western section of Bunnerong Road on which the subject site is situated is bound by Harold Street and Perry Street. This section is characterised by 3-4 storey mixed use development of a similar scale and similar building envelopes. The envelope of the rear 4 storey component of the proposal is set back 6.4m from the western (rear) boundary and stepped up toward the length of the site to the Bunnerong Road frontage. This contributes towards a reduction in the visual bulk and provides articulation along the Harold Street façade. In this regard, the proposal accords with the height objectives of the DCP (Section 3.3.2 Heights in achieving an appropriate relationship between secondary frontage to Harold Street and the surrounding development.

·      Section 3.3.2 of the Matraville Town Centre DCP (Heights) stipulates that street corners are reinforced by concentrating the tallest part of the building at the corner. Given the subject site is a corner allotment, the scale of the proposal, despite its non-compliance with the maximum storey limit and building height limit toward the rear is considered to contribute positively to the area in terms of responding to the context of the adjoining sites, in particular existing development to the north when viewed from Bunnerong Road.

·      The proposal will achieve an appropriate stepping down in height from Bunnerong Road through to the rear of the site, effecting a reasonable transition in building height and scale of development from the Bunnerong Road frontage to the rear boundary commensurate with the building envelope controls indicated in Table 4 of Section 3.3 of the DCP – Matraville Town Centre. In this regard, the proposal accords with the height objectives of the DCP (Section 3.3.2 Heights) in achieving an appropriate  visual transition between the heights of buildings on Bunnerong Road and the heights of buildings ‘behind’ the main street.

·      The height of the rear component provides visual consistency with the height of the rear of the adjoining development at 552 Bunnerong Road, which has a similar building envelope. This contributes a better outcome for amenity to the future occupants of the dwellings toward the rear of the site.

·      Half of the ground floor level of the Harold Street elevation will be taken up by the driveway access and car parking which leaves only the eastern portion of the ground floor level for residential and commercial use. This habitable section of the ground floor is concentrated toward the front of the building, where the proposal complies with the number of storeys and maximum height control. Given the impact on development potential on the ground level, it is considered reasonable to allow for the proposed fourth storey to the rear of the site. 

·      The section of the building in which the breach in storey/building height standard occurs does not give rise to any detrimental overshadowing impacts to adjoining properties as indicated in the accompanying shadow diagrams and assessed in Section 10.4.1 below. Additionally, the proposal will also have minimal impact in terms of loss of privacy (see Section 10.4.2 below).

·      The proposed development meets the stated and underlying objectives of the height standard. As such it is unnecessary and unreasonable to enforce the storey/building height standards in the circumstances of the case.

 

5.      Whether the objection is well founded.

 

The applicant has submitted the following arguments in support of the SEPP 1 Objection:

 

Comments:

 

An assessment of the SEPP No. 1 objection indicates that it has:

 

§  Articulated the underlying stated objectives of the standard clearly.

 

§  Demonstrated that there are no adverse environmental impacts arising from the proposed development in terms of view loss, loss of privacy, overshadowing and general overbearing impacts.

 

§  Addressed the consistency of the proposed development with the underlying stated objectives of the standard, the local planning objectives for the locality, and objectives of the Act.

 

§  Stated why compliance with the development standard is unreasonable and unnecessary, namely:

 

·    The Bunnerong Road element of the building is proposed at a height that is appropriate to the substantial street width of Bunnerong Road.

·    The rear component establishes an appropriate scale with the scale and adjoining established residential flat buildings to the north.

·    Despite the non-compliance, the Bunnerong Road building achieves the 4 storey control at the street edge for Bunnerong Road as stipulated in the DCP consistent with the scale of a number of existing developments and future developments envisaged by the controls.

·    As a four storey development, the proposal is well articulated and provides a consistent visual transition in height envisaged by the lower height controls applicable to rear lane developments under the DCP.  

·    The breach in height does not result in any adverse amenity impacts to adjoining and surrounding properties.

·    Given the visually prominent nature of the corner allotment, the development will present a cohesive appearance with that of the adjoining residential flat building to the north when viewed from Harold Street. 

 

It is considered that SEPP 1 objection is well founded and should be supported.

 

10.1.2 Relevant State Environmental Planning Policies – S79C(1)(a)

SEPP 2004 – Application of Development Standards

The Draft SEPP 2004 seeks to replace the provisions of SEPP 1 and has been publicly exhibited (concluding on 18 June 2004). The new SEPP will introduce new provisions for assessing whether flexibility of a planning standard are acceptable or not.

 

Clause 7 of the Draft SEPP specifies that an application for departure from a development standard must demonstrate that the departure will result in a better environmental planning outcome than that which could have been achieved on the site had the standard been complied with and that the proposed development will be in the public interest by being consistent with any aims and objectives expressed or implied from the zone, the development standard, or any relevant environmental planning instrument. The additional tests include whether the proposal will result in a better environmental outcome than a complying development, design quality and whether the development meets the objectives of the controls.  Notwithstanding, that the SEPP is a draft document requiring consideration under section 79C of the EP&A Act, Clause 14 of the Draft document includes savings provisions that any development application made and not determined when the draft SEPP is gazetted is to be assessed against the existing provisions of SEPP No. 1.

 

Further, legal advice provided to Council considers that the draft SEPP should not be given any significant weight, as its final form is neither imminent nor certain and would not apply given that it contains a provision saving the subject application.  As such, further consideration of the Draft SEPP is therefore not required, however, it is considered that the proposal results in a better environmental outcome on the site than that which could have been achieved had the standards been complied with due to its design quality, in particular its scale and form within the streetscape.

 

SEPP 65 – Design Quality of Residential Flat Development

The proposal is subject to the provisions of State Environmental Planning Policy No. 65 (SEPP 65) – Design Quality of Residential Flat Buildings. SEPP 65 issues are addressed in Section 10.3 below.

 

10.2  Policy Controls

 

10.2.1 Development Control Plan – Matraville Town Centre

The relevant provisions of the DCP – Matraville Town Centre are addressed as follows:

 

Clause

Control

Comments

3.1

Site Analysis

 

 

Submit a details Site Analysis, based on a survey drawing produced by a qualified surveyor

Submit a written statement demonstrating how the design responds to constraints and opportunities identified in the Site Analysis

The application has included a site analysis drawing that demonstrates the relationship between the proposed building and the surrounding existing developments. Satisfactory.

3.2

Site Requirements/ Amalgamation

 

 

Ensure that development/ redevelopment / amalgamation does not adversely affect or limit the future development potential of adjacent and adjoining sites

The proposal will not adversely impact on potential redevelopment or amalgamation of the adjoining allotments. Satisfactory.

3.3

Building Envelopes

 

 

3.3.2 Heights

 

 

Building at a street edge (Bunnerong Road) & minimum frontage 12m with basement carparking : 5 storeys with 5th storey setback from floor below by 4m

 

Development at rear of lots: 3 storeys

 

Does not comply – SEPP 1 Objection submitted.

 

Bunnerong Road building:

4 storeys, 12.6m to underside of topmost ceiling.

 

 

 

 

Rear component:

4 storeys and 12.6m to underside of topmost ceiling.

 

Floor to ceiling heights

 

Bunnerong Road section:

 

Storey 1 (G/F) 3.5m + floor slab 0.8m

Storey 2 (1/F) 2.7m + floor slab 0.2m

Storey 3 (2/F) 2.7m + floor slab 0.2m

Storey 4 (3/F) 2.7m + floor slab 0.2m

Maximum height to underside of topmost ceiling (up to storey 4): 12.6m

 

Development at rear of lots:

 

Storey 1 (G/F) 3.5m + floor slab 0.8m

Storey 2 (1/F) 2.7m + floor slab 0.2m

Storey 3 (2/F) 2.7m + floor slab 0.2m

Storey 4 (3/F) 2.7m + floor slab 0.2m

Maximum height to underside of topmost ceiling (up to storey 4): 12.8m

 

 

 

Bunnerong Road section:

 

Storey 1 (G/F) 3m – 3.2m

(does not comply see assessment at end of table below)

Storey 2 (1/F) 2.7m 

Storey 3 (2/F) 2.7m

Storey 4 (3/F) 2.7m

Maximum height to underside of topmost ceiling (up to storey 4): 12.6 m

 

 

 

Development at rear of lot:

 

Storey 1 (G/F) - the ground floor section of the rear component of the building is comprised of semi-basement and basement carparking, therefore, this requirement does not apply.

Storey 2 (1/F) 2.7m

Storey 3 (2/F) 2.7m

Storey 4 (3/F) 2.7m

Maximum height to underside of topmost ceiling (up to storey 4): 12.6m

 

3.3.3 Depth

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Baird Avenue, Perry Street and Franklin Street:

Maximum 16m

 

 

 

 

 

 

 

 

Development fronting a lane and development at the rear of a lot:

8m

 

 

The proposed development has a U shaped configuration, with the appearance of having 3 wings. This is to address the two frontages being Bunnerong Road and Harold Street. The three wings have depths of;

 

Bunnerong Rd wing – 11.8m (glass-line to glass-line)

Middle wing (along Harold Street) – 8.95m (glass-line to glass-line)

Rear wing – 14m (glass-line to glass-line)

 

Whilst the overall building depth along the Harold Street elevation exceeds the prescribed maximum building depth, the configuration of the building serves to break up any expanse of unarticulated building and adequately addresses the Bunnerong Road and secondary frontage to Harold Street. This is considered to be satisfactory.

 

Within the maximum building envelope depth:

-   Articulate the building façade

-   Design apartments so that the maximum glass to glass dimension is 14m

Balconies may extend outside the maximum building envelope depth by up to 600mm, but may not extend beyond the property boundary

The building is suitably articulated with balconies and a combination of finishes and materials.

 

All proposed units have dual aspects and achieve a glass to glass distance consistent with the DCP.

 

All balconies are contained within the boundary of the subject site.

 

Satisfactory.

 

3.3.4 Setback & Separation

Development fronting Bunnerong Road, Beauchamp Road, Daunt Avenue, Perry Street and Franklin Street:

No setback from the street edge up to and including 4 storeys

4m from the street edge for any storeys higher than 4

Complies.

 

Setback all development by a minimum of 9m from adjoining sites in a Residential zone.

Landscape this setback, preferably with a substantial deep soil zone.

This setback may be suitable for use as private open space for development at the rear of a lot.

 

The proposal will be separated from the adjoining dwelling to the rear by 2.1m – 6.5m. Does not comply. Refer to comments at the end of this table for detailed assessment. 

 

Deep soil zone provided to the setback to the rear of the site. Satisfactory.

 

No side setbacks are required in the commercial zone.

The site is within a 3B Zone and no side setback is required. Satisfactory.

 

For sites with rear lane or rear lot development, provide an internal courtyard garden with a minimum separation between buildings of 12m.

 

Proposal provides for 12m separation distance between the Bunnerong Road and rear lot component. Satisfactory.

3.4

Opportunity Locations

 

 

3.4.3 Gateway Development

S4 (corner of Perry Street and Bunnerong Road)

In order to achieve a more appropriate gateway development to the town centre, in terms of overall scale and presentation to Beauchamp Road and Perry Street, any proposal must involve site amalgamation of a minimum of 3 allotments.

N/A - the subject site is not located in or near the S4 Gateway site (corner of Perry Street and Bunnerong Road).

3.5

Building Design

 

 

3.5.1 Active Frontages

- Provide a continuous and active zero setback business frontage on the ground floor in Bunnerong Road.

- Maximise street level activity (e.g. by wrapping shopfronts around corners) and minimise blank walls at ground level.

- Maximise glazing for retail / commercial uses, but break large glazed shopfronts into discrete sections to ensure visual interest.

- The use of opaque or reflective glass which obscures uses on the ground floor is discouraged.

- Ensure that any grilles or transparent security shutters to retail frontages offer a minimum of 70% transparency.

- Incorporate outdoor dining in cafes and/or restaurants wherever possible.

- Recess doors to ensure they do not encroach over the footpath when open.

 

The ground floor level, fronting Bunnerong Road will comprise predominantly of glazed shop fronts with zero setback which will provide an appropriate active frontage to Bunnerong Road.

Overall, the ground level front elevation is considered satisfactory and will not undermine the town centre character of the area.

 

 

3.5.3 Awnings

- Provide continuous street frontage awnings to all new development. Generally awnings should be a minimum 3m deep.

- Setback awnings a minimum of 600mm from the kerb.

- Design new awnings to be complimentary with their neighbours, and aligned with the general alignment of existing awnings in the street.

- Cantilever awnings from the buildings with a minimum soffit height of 3.5m.

- Provide under awning lighting to improve public safety.

- Colonnades along the street edge are inappropriate in this context.

- Signage on canvas blinds is inappropriate.

 

No awning has been proposed. Although this does not comply with the DCP requirement, the building is consistent with the adjoining premises at No. 552 Bunnerong Road, as well as the residential flat building further to the north.

 

3.5.3 Balconies

- Provide a primary balcony/ terrace for each apartment, directly accessible from the main living area.

- Ensure that the primary balcony has a minimum depth of 2.5m, and a minimum area of:

6m2 for studio/1-bedroom unit

10m2 for 2-/3-bedroom unit

- Ensure that the primary balcony extends the living space with proportions that accommodate outdoor furniture and space for plants.

- Ensure that additional balconies have a minimum depth of 1.5m

- Orientate balconies to maximise solar access. Ensure that the longer dimension of any balcony is outward facing to maximise light penetration into the interior of each apartment. Design the depths of balconies to ensure that sunlight enters the lower apartments in the building.

- Ensure that the undersides of balconies exhibit a well designed, completed appearance from the street.

- Design balustrades to take advantage of views and improve community safety by allowing surveillance over the street and other public areas while providing for safety and visual privacy.

- Include sunscreens, pergolas, shutters and operable walls to enhance design and liveability, respond to the local climate and site context, reduce road noise impacts and assist visual privacy.

- Wherever possible, integrate permanent landscaped features into balcony design. Winter gardens may be included on the western elevation.

- Retractable awnings may be included above the 4th storey.

- Residential balconies must not extend beyond the property boundary.

 

Bunnerong Road building

Primary balconies fronting Bunnerong Road: approx. max. 3m (W) x approx. 7m (L)

 

Baird Lane building

Primary balconies fronting Baird Lane: approx. max. 2.4m (W) x approx. 7m (L)

 

The balconies are accessible from the main living areas of the dwellings.

 

The primary balconies are oriented towards the east, south, or west, and will enjoy adequate direct solar access in the winter solstice.

 

The balconies will enable casual surveillance of Bunnerong Road and Harold Street.

 

Primary balconies will be recessed such that the appearance of the underside of balconies will not be an issue.

 

All balconies will be provided with appropriate screening/shading devices, which will improve the privacy and amenity of the occupants and surrounding development. The external louvres will be suitably treated in terms of external colours and texture to ensure an acceptable visual presentation to the streetscape.

 

Operable screens above the balustrades of primary balconies to Bunnerong Road will be enhance design and liveability, respond to the local climate and site context, reduce road noise impacts and assist visual privacy.

 

The amended plans indicate that no balconies will extend beyond the property boundary.

 

 

3.5.4 BASIX

BASIX assessment for residential component satisfies BASIX criteria (see Section 10.7 below).

 

3.5.5 Facades

- Articulation

- Address the street

- Emphasise verticality at street corners

- Adopt a modular form that reflects the narrow shop width of older buildings and lots in the town centre (6-8m). Align the building with its neighbours.

- Ensure that shutters, louvres and other façade features do not encroach over Council’s road reserve.

- The façade expresses a bottom, middle and top related to the overall proportion of the building.

- Light weight structures, sunshade devices and etc. may penetrate the Building Envelope (but not the property boundary) by a maximum of 1.5m.

- Avoid curtain walls, large expanses of glass and concrete.

- Where new development leaves exposed party walls adjacent to existing, lower buildings, improve the appearance of the exposed section of the party wall with colour, modulation and articulation.

 

 

The building has been designed with nil setbacks to Bunnerong Road across all levels. The proposed design will create a strong definition to the street, commensurate with that expected in a business zone.

 

A communal landscaped podium is provided in the central area between the front and rear components of the building, as well as between the subject site and the adjoining development at 552 Bunnerong Road.

 

No shutters, louvres and other façade features encroach over Council’s road reserve.

 

The façade is expressed as a bottom, middle and top corresponding to the retail/commercial ground floor, middle residential units, and top floor residential component respectively.

 

The ground floor retail / commercial suite have incorporated clear glazing, which will provide activation and casual surveillance of the street.

 

The facades are appropriately articulated with balconies, shading devices and a combination of finishing materials, which will improve their presentation to both Bunnerong Road and Harold Street.  

 

 

3.5.6 Materials and Finishes

- Combine difference materials and finishes to assist building articulation.

- The following materials are considered incompatible: large wall tiles, rough textured render, curtain walls and reflective glass

- Avoid large expanses of any single material to facades.

 

Satisfactory – colour and material sample-chart submitted with DA.

 

3.5.7 Mobility and Access

- Achieve building/retail/ commercial entrances which are flush with the footpath/ external ground level, or provide a suitably ramped alternative.

- Provide facilities as required by AS1428.

- Use appropriate gradients and materials, including slip resistant materials, tactile surfaces and contrasting colours.

The proposal demonstrates compliance with the BCA requirements and Disability Discrimination Act (DDA) objectives, in relation to access and facilities for people with a disability.

 

Standard conditions are included to confirm these requirements, to ensure compliance with the BCA and AS1428.

 

 

3.5.8 Public Art

- Create site specific artworks which respond and contribute to the site and development.

- Locate public art in areas offering the public a free and unobstructed experience of the work.

- Submit an Arts statement which identifies the reasons for the chosen themes, and their interpretation into specific treatments with the DA.

Not applicable.

 

3.5.9 Roof Forms

- Wholly contain lift overruns and service plant within roof structures or roof lines.

- Minimise the bulk and mass of roofs and their potential for overshadowing.

- Design roofs to generate a visually interesting skyline and minimise apparent bulk.

- Relate roofs to the size and scale of the building, the building elevation and the three dimensional building form.

- Consider the sustainability benefits of landscaped ‘green roofs’ and appropriately shaded areas. Domestic roof forms and features such as attic or dormer windows in the roof are inappropriate within the town centre context.

The proposal includes a flat roof form on with localised north facing clerestorey roof skylights window to improve internal amenity whilst providing a visually interesting roof-line. The south western corner of the top floor is softened through the placement of a balcony servicing Unit 12 at level 2.

 

 

 

 

3.5.10 Signage

 

N/A.

3.6

Access

 

 

3.6.1 Parking

- Incorporate parking within and/or beneath the building. Car parking areas may be designed as ground level parking provided that:

The roof is landscaped as a courtyard garden; and

The design results in building frontages level with the street

- Parking provisions shall be in accordance with DCP – Parking, the RTA Guidelines and Australian Standards.

- Tandem parking may be considered where these spaces are attached to the same Strata Title comprising a single apartment, subject to consideration of the maximum parking limit.

- Design parking to ensure pedestrian safety.

- Provide on-site bicycle parking in accordance with DCP – Parking.

- Include natural ventilation to basement and semi-basement car parking. Integrate ventilation design into the façade of the building, or parking structure, by treating it with appropriate features such as louvres, grilles, planting or other landscape elements.

·  The proposed car park is incorporated within and beneath the building. The car parking area is located within the Harold Street frontage of the building and partially beneath the terraces servicing units 3 and 4. The parking lot entrance has a frontage that will be level with the street. The location of the car park will maintain an active street frontage commensurate with the character of the locality.

·  Carparking complies wit the provision of the DCP – Parking.

·  Tandem car spaces have not been proposed.

·  The ground level location of the car park enables natural ventilation without the assistance of mechanical plant and equipment.

 

 

 

3.6.2 Vehicle Access

- Provide vehicle access from rear lanes and side streets.

- Design driveways to minimise visual impact on the street and maximise pedestrian safety. Setback any rear lane garage doors 1m from the laneway alignment.

- Integrate water runoff management into the design of driveway ramps and entrances.

- Avoid locating access ways adjacent to the doors or windows of habitable rooms.

- Design vehicular access in accordance with AS2890.1 or AS2890.2.

- Internal driveways must be a minimum of 5.5m clear width for the first 6m inside the property to allow entering and exiting vehicles to pass freely. Should the driveway narrow beyond the first 6m, a minimum splay of 1.5m x 1.5m must be provided to allow the passing to work.

The proposed driveway is located at the side/secondary street frontage, Harold Street. 

 

The proposed security door has a minimum setback of 1m from the Harold Street boundary and will not create a blank wall effect when viewed from the public domain.

 

The driveway design has been assessed by Council’s Development Engineer. No objections are raised in relation to the location, dimension and configuration of the access facilities, subject to conditions.

 

Satisfactory, subject to conditions.

 

3.7

Dwelling Design

 

 

3.7.1 Apartment mix

- Provide a mix of studios, 1, 2 and 3 or more bedroom apartments in varying layouts. On some smaller sites it may be appropriate to limit the mix to studio and/or 1 bedroom apartments.

- Consider the design needs of those who work from home.

- To ensure access for people with a disability, provide accessible / adaptable apartments at the following rates:

0-14 apartments: 0

- Consider apartment designs with sufficient flexibility to allow future low cost modifications to bathrooms and kitchens.

 

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

 

One accessible (disabled) unit is required for the subject development. One is proposed at the ground floor. 

 

 

3.7.2 Apartment Size & Layout

 

- Achieve the following minimum apartment sizes:

Studio: 40m2

1-bedroom cross-through/ cross-over: 50m2

2-bedroom corner: 80m2

2-bedroom cross-through/ cross-over: 90m2

2-bedroom corner with study: 120m2

 

- Achieve the following minimum clear internal widths:

Studios: 3.5m

1, 2 & 3-bedroom units: 4.5m

Cross-over / cross-through units more than 18m: 4m

 

- Achieve the following minimum room dimensions (room area / minimum wall):

Main bedroom: 12m2/3m

Other bedrooms / dining rooms: 9m2 / 2.5m

Living room: 15m2/3.5m

 

- Submit drawings that indicate furniture layouts.

 

- Design apartment layouts that maximise site opportunities and respond to the natural and built environment.

 

- Design apartments that are sufficiently flexible to allow a variety of uses for rooms/ spaces to ensure apartments meet residents’ needs over time.

 

 

 

The size of the apartments are as follows:

 

2-bedroom: Min 74m 2 - Max 86m2

1-bedroom ; Min 48m2 – Max 68.5m2

1-bedroom with study; 67.4 m2

Studio Units; Min 51.6m2 – Max 52m2

 

 

 

 

The apartment sizes generally comply with the DCP controls. While there are some that are under-size, the proposal generally provides a good level of amenity. Bedrooms are frequently smaller than required, while combined living and dining rooms are larger.

 

Council’s Design Review Panel regards the design quality of the building as having a satisfactory level of amenity for each apartment despite the lack of size in some cases.

 

The proposed room dimensions satisfy the requirements of the DCP.

 

The submitted drawings include indicative furniture layouts, which demonstrate that the dimensions and configurations of the units are functional and adequate.

 

 

Satisfactory.

 

3.7.3 Home Offices

Not applicable.    

 

 

3.7.4 Internal Circulation

- Maximise the amenity of circulation spaces by providing generous spaces e.g. high ceilings, wide corridors.

- Optimise the number of vertical circulation points and minimise the number of apartments per corridor.

- Provide clear sightlines by ensuring that no apartment is more than 12m away from a lift.

- Ensure that corridors are wide enough to allow 2 people walking in opposite directions, each carrying luggage or shopping parcels, to comfortably pass each other without disturbance.

- Optimise security by grouping apartments to a maximum of 10 around a common lobby.

- Provide natural daylight to circulation spaces wherever possible.

 

The staircase and circulation area for the apartment units are concentrated in the central wing between the Bunnerong Road and rear section of the building, providing an equal distance to stairs and lifts. Satisfactory. The corridor has a width of 1.4m, and is considered acceptable given the constrained dimension of the site. The circulation area does not contain any blind spot or hidden area, and will not create safety issues for the occupants. Satisfactory.

 

3.7.5 Storage

- Provide accessible and adequate storage facilities at the following rates per apartment:

Studio & 1-bedroom: 6m3

2-bedroom: 8m3

3-bedroom: 10m3

 

 

 

 

 

- Provide at least 50% of this storage facility within the apartment, accessible from either a hall or a living space. The remaining 50% may be provided in a safe and secured area remote from the apartment.

 

Some storage area has been provided in the basement car parking area. Given the constrained dimension and size of the carparking area, it is not possible to accommodate adequate areas of storage with complying dimensions for all individual apartments. Notwithstanding, the plans show that adequate storage units and built-in wardrobes can be installed within the apartments.

 

It is noted that the proposal does not comply with the numerical control contained in the DCP. However, the proposed level of storage provision is considered acceptable, given the constraints of the site.

 

3.7.6 Clothes Drying

- Provide dedicated external clothes drying areas for all apartments.

- Additional balconies may be considered appropriate for this purpose, provided that they are screened from public areas.

 

A condition will be applied requiring clothes drying lines to be installed in the central communal courtyard at ground level. Additionally, the western balconies to the rear, as well facing the central courtyard are recessed from the western property boundary, can be utilised for clothes drying.

3.8

Amenity

 

 

3.8.1 Natural Daylight, Overshadowing  & Solar Access

 

- Maintain sunlight access to private and public open space and north-facing habitable rooms of adjoining development for at least 3 hours between 9am and 3pm on 21 June.

- Ensure that building layouts facilitate good solar access to both internal and external living areas.

 

·  The proposal will not reduce solar access to any existing north-facing windows or open spaces of adjoining properties to less than 3 hours on the winter solstice. This is attributed to Harold Street and north facing front yards of dwellings along Harold Street being directly south of the subject site.

·  The application has included shadow diagrams, which demonstrate that the proposal will have acceptable impacts on existing residential properties to the west of the subject site.

 

 

- Maximise any northerly aspect and optimise the number of north facing windows. Shade north facing windows with roof eaves, verandahs or balconies, awnings, or other horizontal shading devices.

- Provide adjustable shade devices suitable for lower sun angles to openings on the eastern and western facades.

- Incorporate appropriately designed double glazed or energy efficient glass skylights and clerestory windows to improve daylight levels wherever possible.

- Do not use coloured / opaque glass as a shading device.

- Protect roof terraces with shade, cloth, planting, pergolas.

- Ensure that living spaces of at least 70% of apartments in any new development receive a minimum of 3 hours sunlight between 9am and 3pm on 21 June, unless existing overshadowing prevents this.

·  Given the east-west orientation of the site, the proposed landscaped podium will not be overshadowed throughout the day on the winter solstice.

 

Internally, the proposal will achieve adequate solar access as follows:

 

·      Bunnerong Road units

 

The living room windows and primary balconies of these units are oriented towards the east and will receive adequate solar access in the winter mornings.

 

·      Rear Units 

 

The living room windows and primary balconies of these units are oriented towards the west such that these units will receive adequate solar access in the afternoon period on the winter solstice.

 

Overall, the development is considered satisfactory in this regard.

 

 

3.8.2 Natural Ventilation

- Ensure all apartments are single loaded or dual aspect to allow the direct flor of air.

- Maximise natural ventilation to each apartment by:

Locating small windows on the windward side.

Selecting and designing windows that can be reconfigured to catch prevailing breezes (e.g. vertical louvred / casement windows).

Use higher level casement or sash windows, clerestory windows, operable fanlight windows.

Minimising interruptions to airflow within individual apartments

Grouping rooms with similar uses together.

 

 

All proposed units have dual aspects and are cross-ventilated. Satisfactory.

 

3.8.3 Privacy – Acoustic

- Construct all residential buildings so that they achieve AS 2107: 2000

- Submit a noise and vibration assessment where appropriate.

- Provide adequate building separation within the development and from neighbouring buildings.

- Locate busy, noisy areas next to each other.

- Locate bedrooms away from busy roads and other noise sources.

- Use storage or circulation zones within the apartment to buffer noise

- Minimise the amount of party walls with other apartments

- Provide seals at entry doors.

 

A specific condition is recommended to require compliance with the Building Code of Australia.

 

The ‘wet areas’ (i.e. kitchen, laundry and bathroom) of the dwellings are grouped together, away from the bedrooms. This will prevent noise transmission through the plumbing.

 

Most living areas of units in the building are oriented towards the Bunnerong Road and Harold Street elevations to minimise overlooking into adjoining residential properties

 

Many bedroom areas of units in the two buildings are oriented towards the central courtyard and away from Bunnerong Road and Harold Street.  Notwithstanding, given the constraints of the site, it is not possible to design dwelling units that can completely avoid bedroom orientation towards the street.

 

Overall, the development is considered acceptable in this regard.

 

 

3.8.4 Privacy – Visual

- Separating communal open space, common areas and access routes from windows of rooms.

- Changing the level between ground floor apartments and the public domain or communal open space.

- Maximise visual privacy by providing the following minimum separation between buildings:

Between habitable rooms 12m

Between habitat room and balconies / non-habitable rooms 9m

Between non-habitable rooms 6m

- Offsetting windows.

- Recessing balconies between adjacent balconies.

- Using solid or semi-solid balustrades for balconies.

- Using louvres or screen panels to windows and balconies.

- Providing landscape screening

- Incorporating planter boxes into walls or balustrades.

- Utilising pergolas or shading devices to limit overlooking.

 

 

All primary balconies will be provided with appropriate screening devices to ensure the visual and aural privacy of future occupants will be protected. Satisfactory, subject to conditions.

 

Overlooking from the eastern and southern elevations will be minimal as they face Bunnerong Road and Harold Street, respectively. This sufficiently separates the proposed building from the residential properties on the opposite sides.

 

The rear wing of the building will be 2.1 – 6.5m from the adjoining residential development to the rear. Does not comply. Does not comply. Refer to comments at the end of this table for detailed assessment. 

 

Screening devices are proposed on the balustrades of the balconies on the eastern, southern and western elevations of the proposed development. 

 

Overlooking between the Bunnerong Road building and the rear wing will be separated by 12m thus mitigating any internal overlooking between the two buildings.

 

The proposal has limited impacts on the privacy of surrounding properties by orienting openings off living areas towards the front and rear of the site. Balconies to the rear of the front wing and front of the rear wing of the building have solid side walls to prevent residents from looking directly across the side boundaries of the site, protecting the privacy of adjoining sites.

 

 

3.8.5 Safety & Security

- Provide design that does not allow access from balconies, roofs, windows or awnings.

- Orientate entrances towards the public street.

- Provide direct and well-lit access between car parks and apartments.

- Provide clear lines of sight between spaces.

- Provide separate entrances for pedestrians and vehicles, commercial and residential occupants.

- Consider audio and video intercom / key access system.

 

Balconies and primary living areas of the units have been oriented towards Bunnerong Road and Harold Street wherever possible to allow for passive surveillance. Passive surveillance of the internal courtyard space is also provided by balconies to each of the dwellings. Large, dense plantings have been restricted to the rear residential boundary of the site.

 

The development meets the safety and security objectives for residential flat buildings.

 

The development provides separate entries to the commercial tenancy and the residential component of the development that are clearly identifiable and provide direct access from the street. A roller door has been indicated on the carparking plans, however it is unclear if this is to be used to secure the parking and as such a condition of consent requiring a security grill and intercom to be installed has been proposed. Therefore, a standard condition is recommended to require a telecom system to be installed to ensure secured access to the car parking areas.

 

The car parking areas have clear sightlines, with no hidden or blind spots.

 

The development is considered to be satisfactory in terms of safety and security.  

 

3.9

Site Design

 

 

3.9.1 Courtyard Gardens & Other Landscaped Open Space

- Minimum courtyard depth of 12m.

- Incorporate indigenous trees, shrubs and ground covers where appropriate.

- Maximise deep soil zones.

- Ensure that vegetation comprises primarily local native plant species.

- Submit a Landscape Plan prepared by a Landscape Architect.

 

The landscape podium has a minimum depth of 12m. Areas of mass planting have been proposed for the central courtyard adjacent to the existing central courtyard located at 555 Bunnerong Road. There is ample potential to facilitate tree and shrub planting.

 

Additionally, a deep soil area has been provided to the rear of the site between the rear elevated terraces on the subject site and the adjoining property to the rear at No.70 Harold Street.

 

In response to advice from Council officers, the lower level of boundary planting adjacent no. 70 as proposed by the original scheme has been amended design to reflect a more continuous planted area which is more readily accessible for maintenance.

 

It is noted that an amended landscape plan was not submitted, therefore, appropriate conditions of consent relating to landscape requirements will be applied requiring appropriate details of plantings suitable for deep soil area will be applied.

 

Satisfactory.

 

3.9.2 Service and Utilities

Depending on the total development cost:

- Replacement of overhead wires with underground cables in the vicinity of the development site; or

- Replacement of overhead wires with aerial bundled cables.

 

To be required by conditions.

 

3.9.3 Stormwater Management

Satisfactory, subject to conditions.

 

3.9.4 Waste Management

- For each apartment, provide a temporary storage area of sufficient size to hold a day’s waste and enable separation.

- Provide separate waste storage areas for residential and commercial waste.

- Screen all waste and services areas from adjoining properties.

- Ensure that bins can be easily transported from waste storage areas to collection points.

Satisfactory, subject to conditions. 

 

Height

The proposal is generally consistent with the DCP requirements with the exception of building height (which has been addressed in the SEPP 1 assessment above) and the floor to ceiling height control of 3.5m for the ground floor. The proposed ground floor commercial tenancy and the ground floor studio dwelling of the proposal provides for 3m and 3.2m, respectively. This variation in the floor to ceiling height is considered acceptable as it will be confined to the eastern portion of the ground floor level occupied by the proposed unit No. 1 with the western portion occupied by the driveway access.

 

Setbacks

The western boundary of the site adjoins a 2(a) zone and the subdivision pattern results in the rear boundary of the site adjoining the side boundaries of properties which front Harold Street.

 

The building is setback 2.1 – 6.5m rear boundary adjoining No. 70 Harold Street. The rear terraces servicing units 3 & 4 are approximately 2m from the rear boundary and the first, second, and third levels are set back 6.5m from the rear boundary. Although this does not comply with the DCP control, it is considered acceptable given the rear facing balconies and terraces will be provided with adequate screening devices such that there is minimal impact to the privacy of the adjoining property to the rear.

 

The applicant was requested to modify the initial design such that the balconies of the rear units (ie of levels 1 and 2) would be identical to those of 552 Bunnerong Road (generally between approximately 6.2m on the southern side of the site and 6.5m on the northern side of the site). This should not compromise the functional size of the balconies.

 

The building has been articulated through the incorporation of balconies and a combination of solid and open elements. The articulation is considered sufficient subject to additional details of the materials proposed, particularly to the internal elevations to the communal courtyard space. The building form proposed, having a front, middle and rear wing with landscaping between has reduced bulk and scale impacts on the adjoining property and the street.

 

10.2.2 Development Control Plan – Parking

The DCP – Parking requires, amongst other things, car parking to be provided for multi-unit residential development at a rate of 1.2 spaces per 2 bedroom dwelling, 1.5 spaces per 3 bedroom dwelling and 1 visitor space per 4 dwelling units. Car parking provision is assessed in the table below: -

 

 

Rate

Required

Proposal

Business Premises

1 per 40m2 GFA

(57sqm)

= 1.4 spaces

2 spaces

Studio

1 per 2 dwellings

1 space

I space

1 Bedroom

1 per unit

4 units = 4 spaces

4 spaces

2 Bedroom

1.2 per unit

10 units

= 12 spaces

12 spaces

Visitor

1 per 4 units

16 units

= 4 spaces

4 spaces

Total car spaces

 

22.4 spaces

23 spaces

 

The proposal complies with the parking rates specified in the DCP – Parking.

 

The DCP also requires a minimum of 5.3 bicycle parking spaces to be provided on site. A bicycle storage area is shown in the ground level basement plan that can accommodate 8 bicycles.

The proposal complies with parking requirements for multi unit housing.

Council’s Development Engineers initially raised concern about the potential for conflict between vehicles entering the site and vehicles exiting the site from the lower and mid level car parks. The applicant’s Traffic consultant has submitted supplementary information indicating that the potential for vehicle conflict at the main entry/exit point and on the proposed circulation ramps linking the carpark levels is minimal. A condition aimed at further reducing potential conflict has been included within this report to further address this concern. 

 

The amended plans indicate that the proposed provision of a “Turning Bay” opposite car space No 20 to allow satisfactory turning paths for vehicles entering/exiting the car space is considered unsatisfactory prior to the issuing of the Construction Certificate, the applicant is to have the submitted plans for the lower car park level amended as follows:

 

·      Reduce the width of car spaces 21 & 22 to 2.40m.

·      Increase width of turning bay adjacent to car space No 21 to 2.30m

The proposal has been assessed by Council’s Development Engineers and no objections were raised on traffic or safety grounds subject to appropriate conditions of consent.

 

10.2.3   Section 94A Contributions

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

Not applicable

0.5%

Not applicable

Development Cost

More than $200,000

$2857850.00

1.0%

$28578.50

 

10.3    Urban Design

The proposal will have a design and visual character that will enhance the streetscape through the introduction of a building with a modern design, and a strong urban edge to Bunnerong Road and an appropriate secondary edge to Harold Street including the following: 

 

§  A frontage to Bunnerong Road incorporating well proportioned bays containing recessed balconies separated by a central select vertical element on the south eastern corner of the building comprising of a strip of living room windows through the length of the building. This visual interest and break potential visual bulk, as well as provides improved casual surveillance. 

 

§  The top sections of the U shaped building will be flat roof form with localised north facing clerestorey roof skylights window to improve internal amenity whilst providing for a visual interesting roof-line.

 

§  The façade of the proposal will be rendered and painted. A sample board of the external colours and material has been provided which is acceptable and a condition will be applied to ensure consistency with the sample board.

 

§  The proposal will have a central podium courtyard area on the ground level that will have planter boxes with enhanced landscaping, seating areas and paving.

 

Under the provisions of SEPP 65, the Design Review Panel reviewed the proposal in July 2009 with the Panel providing the following comments (in italics), followed by Council’s comments wherever necessary:

 

1.         Relationship to the Context of the Proposal 

The Panel recommends that more contextual information be provided - particularly concerning the interface with the existing building to the north.

 

Comment: The height, bulk and scale of the rear component of the building at 4 storeys has been assessed and found to be appropriate in the builtform context of the site and the adjoining development at 552 Bunnerong Road, which is a 4 storey residential flat building on the western side. (see Section 10.1.1 above). 

 

2.         The Scale of the Proposal

The scale of the proposal is satisfactory in relation to the development to the north and the Matraville town centre.  However improvement to the scale should be made in relation to the ground levels and fence heights in relation to the house to the west.

Comment: The applicant has submitted amended plans reflecting an improved transition between the subject site and the adjoining dwelling to the west at No. 70 Harold Street in accordance with the Panel’s recommendations.

 

The 1.8m masonry wall on the common boundary was reduced to 1.2m at the Harold Street frontage to provide a more continuous planted area which is more readily accessible for maintenance.

 

3.         The Built Form of the Proposal

The Panel understands that the split level planning arrangements have been a result of reducing the height of the building on the west end in response to overshadowing issues.  However it seems that better planning, amenity and access would be achieved if the split was eliminated and some floor space massing changes were investigated.

Other issues that should be addressed include:

The walls and level changes on the western and south-western boundary are unnecessarily high

Direct alignment of balconies and balcony walls with the northern neighbour should be achieved

The balcony on unit 6 could possibly step out to the south to achieve some east and west aspect.

Access to all units should be clear and direct.

The building “break” (east elevation) between 552 and the subject building is not consistent in the plan and could be reconsidered.  A wall of louvres would appear appropriate. The west elevation does not try to break and is better resolved.

Comment: The amended plans satisfactorily address the issues raised recommendations made by the Panel.

 

4.        The Proposed Density

Satisfactory.

 

5.        Resource and Energy Use and Water Efficiency

Appropriate (vertical) south-western sunshading needs to be provided.  Weather protection to this elevation is also recommended.

 

Appropriate eastern sunshading needs to be provided to the curtain wall glazing to the east.  Operable panels are also recommended

 

Venting clerestorey roofs could be incorporated into the roof design to allow winter sun access for all top floor apartments.

 

Ceiling fans should be provided in bedrooms.

 

Appropriate roof insulation (and construction thicknesses) should be indicated on the drawings.

 

Comment: The Panel’s recommended sustainability requirements will be applied by condition where appropriate. 

 

6.       The Proposed Landscape

The Landscape drawings were not available to the Panel at the time of the review.  The Panel recommends that street trees be introduced to both street frontages.

Comment: It is noted that an amended landscape plan was not submitted, therefore, appropriate conditions of consent relating to landscape requirements will be applied requiring appropriate details of plantings suitable for deep soil area will be applied.

 

7.      The Amenity of the Proposal for its Users

The Panel suggests the following Improvements to increase the amenity of the proposal:

The main entry corridor should be rationalized and simplified. The two apartment entrances at either end should be adjacent to each other and fill the width of the corridor. This may widen the space to 1800mm, but this could be a better ‘furnished’ outside space. The removal of stairs in this zone is important.

Rationalize the entry circulation to the lower apartments (through the elimination of the split levels), and improve the entry balcony to the upper apartments.  The current configuration of upper units sharing approximately 1m² external entry space is not considered appropriate.

Unit 01 could be increased in size and the commercial space reduced. The corner position of wc and basin is unsatisfactory and would be better placed to the north west corner of the commercial space.

The planning of the units on the south west corner should not mirror the north western units.  The living areas should address the street and enjoy a wide view.  Similarly the south eastern apartments could have the dining and bedroom 2 areas transposed.

Unit 6 type plan would be improved if the entry door moved west to allow for an extra wall of cabinets to the east of the kitchen. Unit 3 entry needs to be re-considered

Comment: The amended plans satisfactorily address the issues raised recommendations made by the Panel.

 

8.   The Safety and Security Characteristics of the Proposal

Satisfactory. 

 

9.  Social issues

The location, close to shops and transport is suitable for development of this kind.

 

10.        The Aesthetics of the Proposal

The building has been designed to be similar to the development it adjoins to the north.  This is considered satisfactory.

 

SUMMARY AND RECOMMENDATIONS

 

If the above issues can be resolved with the Council’s assessing officers the Panel would not need to review this application again.

 

Comment: The proposal has been before the Panel once. The application, as amended in accordance with the recommendations of the Design Review Panel, has adequately addressed a majority of the Panel’s concerns as noted above and represents a significant improvement over the earlier design of the original proposal. Where deficiencies still exist, conditions can be appropriately applied to ensure the provisions of SEPP 65 are met. Accordingly it is considered that the application does not require any further referral to the Panel.

 

10.4    Impact on adjoining development

 

10.4.1        Overshadowing

The proposal will not reduce solar access to any existing north-facing windows or open spaces of adjoining properties to less than 3 hours on the winter solstice. This is attributed to Harold Street and north facing front yards of dwellings along Harold Street being directly south of the subject site.

 

The application has included shadow diagrams, which demonstrate that the proposal will have acceptable impacts on existing residential properties to the west of the subject site.

 

Overall the proposal’s shadow impact, especially on adjoining properties immediately to the south is considered to be reasonable and acceptable in context of the surrounding area which is largely commercial in nature and potentially subject to future redevelopment.

 

 

10.4.2        Overlooking

The proposed building will have balconies linked to living rooms. All primary balconies will be provided with appropriate screening devices to ensure the visual and aural privacy of future occupants will be protected. Screening devices are proposed on the balustrades of the balconies on the eastern, southern and western elevations of the proposed development. 

 

Overlooking from the eastern and southern elevations will be minimal as they face Bunnerong Road and Harold Street, respectively. This sufficiently separates the proposed building from the residential properties on the opposite sides. Screening devices are proposed on the balustrades of the balconies on the eastern, southern and western elevations of the proposed development. 

 

The proposal has limited impacts on the privacy of surrounding properties by orienting openings off living areas towards the front and rear of the site. Balconies to the rear of the front wing and front of the rear wing of the building have solid side walls to prevent residents from looking directly across the side boundaries of the site, protecting the privacy of adjoining sites.

 

Internally, overlooking between the Bunnerong Road building and the rear wing will be mitigated to a large degree by the separation distance between the two buildings being 12m which complies with the DCP - Matraville Town Centre. 

 

10.5    Traffic and access

The proposal complies with the numerical car parking requirement for the DCP - Carparking.

 

The applicant’s Traffic Report indicates that the proposed 16 dwelling units and 1 retail/commercial unit is a low volume (Category 1) access driveway off a local road with the peak traffic generation (combined in and out movements) in the order of 8 vehicles per hour.

 

This increase is a low traffic generation which will have minimal impact on the performance of existing intersections in the locality. There will be adequate capacity in the surrounding road network to cater for the traffic generated by the proposed development. It should be noted that when the traffic generation of the existing commercial development on the site is accounted for, the traffic impact in real terms will be further minimised.

 

Overall, the increase in traffic generation in the proposed development is not considered to have a significant traffic impact on the adjacent classified road network.

 

10.6    Social impacts– S79C(1)(b)

The proposal will promote the strategic objectives of the DCP – Matraville Town Centre by introducing a mix of retail/commercial uses and residential development within the town centre and focuses density within walking distance of public transport and services provided within the town centre.  The effect of the proposal would be to bring more people to the site and the demographic characteristics of this population are likely to include, single persons or share households; young couples such as first home buyers; “empty nester” household; and young families. It is likely that there will be a mix of incomes amongst residents with some units being owner occupied and others being rented. The added population will generate additional needs for businesses, employees and patrons which will in turn encourage the location of services and facilities into the area.

 

 

 

10.7    Ecologically Sustainable Development

A BASIX Certificate for the residential component in the proposal was provided by the applicant which indicates achievement of the relevant water conservation, energy efficiency and thermal comfort criteria. A condition will be applied requiring the proposal to be implemented in accordance with the achieved BASIX criteria.

 

The proposed development will be well served by public buses on Bunnerong Road and Beauchamp Road linking the subject site to the CBD, Railway Square, Bondi Junction, and Randwick Junction. The introduction of residential uses close to commercial areas served by good public transport linkages is not only desirable but also in keeping with an increasing trend towards the promotion of public transport usage as a primary means of enhancing ecological sustainability and the reduction of greenhouse gases in the Sydney Region.  The proposal would assist in encouraging the use of public transport in line with ESD principles.

 

The proposal is considered acceptable in relation to Ecologically Sustainable Development issues.

 

10.8     Site Suitability– S79C(1)(c)

The proposal will be in a site located in the Matraville Town Centre which is zoned General Business 3B and is well served by an existing road and services infrastructure, community facilities and retail and commercial uses in the locality. Mixed use development such as the subject proposal is a permissible use in the zone subject to Council’s consent.

 

10.9    Issues raised in submissions - S79C(1)(d)

The issues raised in resident submissions have been addressed in relevant sections of this report.

 

10.10         The public interest – S79C(1)(e)

The proposed development will provide the local community with high quality housing and takes advantage of its proximity to the full range of transport services and urban facilities in the existing Matraville town centre. Additionally, the proposal will assist in creating a vibrant and sustainable town centre for the benefit of both business interests and local residents.

 

11.    Relationship to City Plan

 

The relationship with the City Plan is as follows:

 

Outcome:                 Excellence in urban design and development.

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

 

12.    Financial Impact Statement

 

There is no direct financial impact for this matter.

 

13.    Conclusion

 

The SEPP 1 objection lodged with respect to the non compliance with the maximum height standard is considered to be well founded in the circumstances.

 

The proposal is generally consistent with the relevant DCP controls applicable to the site with the exception of the height control requirement and maximum number of storeys to the rear as addressed in the SEPP 1 objection. The proposal also complies with the numerical car parking requirement for the DCP – Car parking.

 

The proposed development is not considered to give rise to detrimental impacts on surrounding developments. Visually, the proposal will have a design that contributes to the existing streetscape whilst being consistent with the desired future character of the area having regard to the transitional nature of development in the area.

 

The application is recommended for approval subject to conditions outlined in this report.

 

Recommendation

 

A.       That Council, as the consent authority, supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with Clause 42DA of Randwick Local Environmental Plan 1998, relating to maximum number of storeys and maximum building height, on the grounds that the proposed development complies with the objectives of the above clause, and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.       That Council, as the consent authority, grant development consent under Section 80 and 80A of the Environmental Planning and Assessment Act 1979 (as amended) to Development Application No. DA/222/2009 for permission to Demolition of existing structures and construction of 4 storey mixed use development comprising ground level commercial tenancy, 16 residential units, 2 levels of parking for 23 vehicles and associated works (SEPP1 objection to maximum height and number of storeys controls) at 554 Bunnerong Road, Matraville, subject to the following conditions:

 

1.       The development must be implemented substantially in accordance with the plans numbered DA100, DA101, DA102, DA103, DA300, DA301, DA302 & DA303, all dated March 2009, all Revision 03 and received by Council on 29th September 2009, the application form and on any supporting information received with the application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

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

 

2.       The colours, materials and finishes of the external surfaces to the building must be consistent with the approved drawings and the sample board prepared by ASA Architects and submitted to Council with the development application on 14 April 2009.

 

3.       Details of the following amendments shall be submitted to and approved by Council’s Director of City Planning, in accordance with section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development:

 

·      Provision of ceiling fans in bedrooms.

·      Provision of appropriate window types to all rooms to allow for different weather conditions and give occupants a variety of ventilation options.

 

4.       The reflectivity index of external glazing for windows of the proposed development is to be no greater than 20%. Written confirmation of the reflectivity index of glazing materials is to be submitted with the Construction Certificate application.

 

 

(Note: The reflectivity index of glazing can be obtained from glazing manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this requirement.)

 

5.       The design, dimension, line-marking, sign-posting and construction of the proposed car parking spaces and access aisles shall be consistent with the provisions of Australian Standard 2890.1: Off-street car parking. Details of compliance are to be included in the Construction Certificate application.

 

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

 

In this regard, an Application must be submitted to and approved by Council’s Director of City Planning, together with the required fee, for the allocation of appropriate street and unit numbers for the development, prior to issuing an occupation certificate.

 

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

 

8.       In accordance with the provisions of clauses 143A and 154A of the Environmental Planning & Assessment Regulation 2000, a ‘Design Verification Certificate’ must be provided to the Certifying Authority and the Council, prior to issuing a construction certificate and an occupation certificate, respectively.

 

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

 

10.     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.

 

11.     Power supply and telecommunications cabling to the development shall be underground.

 

12.     A single common television aerial, and/or satellite dish (having a maximum diameter of 700mm and not located on the front or street elevation of the building) is to be installed to serve the development.

 

13.     Development consent is required to be obtained in relation to the specific ‘use and operation’ of commercial tenancies/occupancies and ‘shop fit out works’, in accordance with the relevant requirements of the Environmental Planning & Assessment Act 1979

 

14.     Internal or external clothes drying facilities are to be provided in accordance with the provisions of the Building Code of Australia.

 

Should external clothes drying facilities be provided, the facilities must be adequately screened by vegetation and details are to be incorporated into the landscaping plans, to the satisfaction of the certifying authority.

 

15.     Vehicular access to the residential and commercial car parking within the development shall be readily accessible to visitors at all times. Where a security gate is provided restricting access to the basement car parking area, a suitable intercom system shall be installed adjacent to the vehicular entrance together with appropriate instructions signage to provide for access to visitor spaces at all times.

 

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

 

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

 

17.     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

Not applicable.

0.5%

Not applicable.

Development Cost

More than $200,000

$2857850.00

1.0%

$$28578.50

 

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

 

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

 

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

 

18.     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.

 

19.     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.

 

20.     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.

 

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

 

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

 

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

 

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

 

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

 

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

 

22.     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.

 

23.     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”.

 

24.     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.

 

25.     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.

 

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

 

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

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

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

 

Where the work to be done by any other person, excavation or building work must not be carried out unless the Principal Certifying Authority:

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

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

 

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

 

27.     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.

 

28.     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.

 

29.     A Fire Safety Certificate must be submitted to Council prior to the issuing of an Occupation Certificate, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2000.

 

A single and complete Fire Safety Certificate must be provided which includes details of all of the fire safety measures contained in the building and as detailed in the fire safety schedule attached to the Construction Certificate.

 

Prior to issuing any Occupation Certificate the Principal Certifying Authority must be satisfied that all of the relevant fire safety measures have been included and are sufficiently detailed within the Fire safety Certificate.

 

A copy of the fire safety certificate must be displayed in the building near the entrance and a copy must be forwarded to the NSW Fire Brigades.

 

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

 

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

 

31.     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.

 

32.     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.

 

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

 

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

 

34.     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.

 

35.     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:

 

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

 

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

 

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

 

37.     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).

 

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

 

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

 

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

 

39.     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.

 

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

 

a)     Prior to construction of the first completed floor/floor slab (prior to pouring of concrete), showing the area of land, building and boundary setbacks and verifying that the building is being construction at the approved levels.

 

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

 

41.     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

 

42.     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.

 

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

 

a)     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.

 

44.     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.

 

45.     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.

 

46.     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.

 

47.     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.